On May 8, 2026, the European Union submitted a formal notification (G/TBT/N/EU/1206) to the WTO Committee on Technical Barriers to Trade, proposing to amend Annex XVII of the REACH Regulation to prohibit the use of chemicals classified as carcinogenic, mutagenic or toxic to reproduction (CMR) categories 1A and 1B in childcare articles. The draft is currently open for comments from WTO members, with the deadline for public comments set for July 7, 2026.
Main Provisions
1. Product Scope
Childcare articles: Products intended for use by children, other than toys, designed to facilitate seating, sleeping, relaxation, hygiene (bathing, changing, body care), feeding, sucking, transportation or protection.
2. Core Restrictions
- Default limit: The concentration of CMR substances in homogeneous materials shall not exceed 10 mg/kg (0.001%).
- Specific limits: More stringent individual or cumulative limits are set for certain substances (e.g., dibutyltin (DBT), dioctyltin (DOT)).
- Dynamic updating: Substances newly classified as CMR 1A/1B in the future will be automatically included in the restriction scope 36 months after their classification takes effect.
3. Exemptions
- Second-hand products: Second-hand childcare articles already lawfully placed on the market are not subject to the restriction.
- Medical devices: Products and their accessories falling within the scope of the Medical Devices Regulation (EU) 2017/745.
- Food contact materials: Products governed by the Food Contact Materials Regulation (EC) 1935/2004.
- Inaccessible parts: Substances contained in homogeneous materials that children cannot access in any form under reasonably foreseeable conditions of use.
4. Implementation Timeline
The regulation will become formally applicable 36 months after its entry into force, to allow companies to complete method development, identify substitute substances, and deplete existing stock.
