Comments on ECHA’s Draft 12th Recommendation for S-(tricyclo[5.2.1.0-(2,6)]deca-3-en-8(or 9)-yl) O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate (EC number: 401-850-9) and references to responses

The present document compiles the comments received during the public consultation on the draft 12th recommendation for inclusion of substances in Annex XIV of REACH for S-(tricyclo[5.2.1.0-(2,6)]deca-3-en-8(or 9)-yl) O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate (EC number: 401-850-9). The public consultation took place between 7 February 2024 and 7 May 2024. Response to the comments received will be provided by ECHA when finalising the recommendation (indicative timeline: April 2025).

Public version

Content
	
I - General comments on the recommendation to include the substance in Annex XIV
II - Transitional arrangements. Comments on the proposed dates
III - Comments on uses that should be exempted from authorisation, including reasons for that

I - General comments on the recommendation to include the substance in Annex XIV
Number / Date	Submitted by (name, submitter type, country)	Comment	
5141
2024/05/06	Aerospace Industries Association of America,
Industry or trade association,
United States of America	We understand that REACH registrations are the main source of information for ECHA's assessment.  However, uses in the aerospace and defense (A&D) sector are typically small and may not be fully reflected in registration dossiers.  This can be especially true of imports of specialty formulations where the tonnage may fall well below registration thresholds, but that provide critical functionality needed by our industry and its products.

AIA member companies rely on S-(tricyclo[5.2.1.0-(2,6)]deca-3-en-8(or 9)-yl) O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate in products and formulations for the manufacture, maintenance and repair of aerospace and defense products.  Identified A&D uses include the following uses
• Hydraulic fluid
• Lubricating oil

II - Transitional arrangements. Comments on the proposed dates
Number / Date	Submitted by (name, submitter type, country)	Comment	
5141
2024/05/06	Aerospace Industries Association of America,
Industry or trade association,
United States of America	At this stage of assessment AIA member companies (comprising mainly OEMs) consider that Authorisation may be required for some uses of S-(tricyclo[5.2.1.0-(2,6)]deca-3-en-8(or 9)-yl) O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate until alternatives can be developed, qualified and substituted.  AIA envisages that our member companies would actively support development and submission of applications for Authorisation for their uses where they do not have alternatives.  Members would not necessarily seek Authorisation themselves but rather as part of joint upstream applications.  Upstream applications supported by OEMs are essential for business continuity in the A&D sector.  A&D sector supply chains are complex and typically global with many actors at different levels.  OEMs control the end user requirements for the products they produce.  Upstream actors in the chemical supply chain (e.g.,  formulators, importers of formulations), however, are better placed to hold Authorisations and distribute chemicals to the various users (e.g. processors, component manufactures, OEMs, etc.) of the substances.

The main challenge in preparing an upstream application is obtaining detailed information about site operations for lower tier suppliers of OEMs.  A typical A&D sector supply chain may have four or five or more tiers or levels of companies that supply each other.  Each tier of the supply chain is responsible for establishing contracts with lower tiers to obtain products that meet their requirements, but they rarely share sensitive business information (such as supplier identity) with higher-tier suppliers or the OEM that can inhibit their competitiveness.  This structure allows for the deliberate flow of requirements, but not of sensitive business information (such as employee exposure data, socioeconomic business date, etc.) essential for Authorisation applications.  The A&D sector relies instead on surveys and encourages affected downstream users (DUs) to collaborate in Authorisation consortia (by joining or contributing) and voluntarily provide relevant data to third party consultants that aggregate the available data.  This approach is both time consuming and dependent on supplier cooperation.  In the short 18 to 24 month timeframe after substance listing on Annex XIV and the Last Application Date there is not always sufficient time to encourage enough supply chain actors to gather the pertinent data and develop a solid application.

Because of the many supply chain actors that need to be coordinated we strongly suggest that a longer transition period be adopted (i.e., at least 24 months).

III - Comments on uses that should be exempted from authorisation, including reasons for that
No comments received