Nonylphenol (NP) and nonylphenol ethoxylates (NPE) are covered by Annex XVII to the REACH Regulation. The restrictions are based on a need to limit the use of these substances. Nonylphenol ethoxylates are degraded to nonylphenols, which are considered to be endocrine disrupters.
What does the legislation say?
According to REACH, NP and NPE shall not be placed on the market, or used, as substances or in mixtures in concentrations equal to or greater than 0,1% by weight for the following purposes:
- industrial and institutional cleaning except:
controlled closed dry cleaning systems where the washing liquid is recycled or incinerated,cleaning systems with special treatment where the washing liquid is recycled or incinerated. - domestic cleaning;
- textiles and leather processing except:processing with no release into waste water, systems with special treatment where the process water is pre-treated to remove the organic fraction completely prior to biological waste water treatment (degreasing of sheepskin);
- emulsifier in agricultural teat dips;
- metal working except: uses in controlled closed systems where the washing liquid is recycled or incinerated;
- manufacturing of pulp and paper;
- cosmetic products;
- other personal care products except: spermicides;
- co-formulants in pesticides and biocides. However national authorisations for pesticides or biocidal products containing nonylphenol ethoxylates as co-formulant, granted before 17 July 2003, shall not be affected by this restriction until their date of expiry.
Other legislation concerning NP and NPE
"NP and NPE are among other things a prioritized hazardous substance under the Water Framework Directive. This means that there is a directive requirement that discharge, emission and loss should be phased out in the long term.
NP/NPE in textiles
As no limits have been set for the concentration of NP/NPE in imported textiles, these substances may occur in clothing and textile products imported from countries outside the EU where there are no limits on the use of NPE and NP in the manufacturing process.
Manufacturers, importers and users are responsible
Anyone who manufactures, imports or uses products that contain NP or NPE is responsible for ensuring compliance with the regulations.
Control
The Danish Environmental Protection Agency's Chemicals Inspection Service shall carry out supervision to ensure compliance with the regulations and shall ensure that unlawful circumstances are legitimised. This may mean that the product must be withdrawn from the Danish market or that the product must be made lawful in some other way. Contraventions of the regulations may be punished by a fine or imprisonment for up to two years.
More information
The restrictions on the marketing and use of NP and NPE are described in Annex XVII, no. 46 to the Reach Regulation (Regulation (EC) No 1907/2006).
See the Executive Order on the use of waste for agricultural purposes (the Sludge Executive Order, Executive Order No. 1001 of 27. juni 2018)