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European Union - Final Regulatory Action
Arsenic pentoxide CAS number:
1303-28-2
Date circular:
12/06/2022

Chemical name: Arsenic oxide (As2O5)

Final regulatory action has been taken for the category: Industrial

Final regulatory action: The chemical is Severely Restricted

Use or uses prohibited by the final regulatory action:

Industrial chemical.

Use or uses that remain allowed:

Pursuant to Regulation (EC) No 1907/2006 (REACH Regulation), only certain uses are exempted from the authorisation requirement, e.g. uses as intermediates or for scientific research and development activities, as described in the document Generic exemptions from the authorisation requirement [https://www.echa.europa.eu/documents/10162/13640/generic_exempt_auth_2020_en.pdf/d39ae442-c58f-4d51-2e69-71b83580afaf]. The exemption concerning mixtures mentioned in Section 1 of the linked document applies when the substance is present in mixtures below 0.1% (weight/weight) (generic concentration limit specified in Regulation (EC) No 1272/2008). From the exemptions specific to certain intrinsic properties mentioned in Section 2, those referring to Article 57 (a) and to hazards to human health apply for diarsenic pentaoxide (see Section 2.4.2.1 below for intrinsic properties of the substance). Some exempted uses may still be covered by entry 19 of REACH Annex XVII restricting (without defining concentration limits) the use of arsenic compounds in the treatment of industrial waters and for wood preservation as well as certain uses as anti-fouling (see Section 2.5.3.4 below).

The final regulatory action was based on a risk or hazard evaluation: Yes

Summary of the final regulatory action:

By Commission Regulation (EU) No 125/2012 of 14 February 2012 amending Annex XIV to Regulation (EC) No 1907/2006, diarsenic pentaoxide was included into Annex XIV (Authorisation List) of Regulation (EC) No 1907/2006 (REACH Regulation), which contains substances of very high concern that are subject to authorisation.
The listing of diarsenic pentaoxide in Annex XIV has the effect that any use of this substance after 21.05.2015 (the Sunset Date) is prohibited (except for exempted uses as described in Section 2.3.2 of this document), unless a company submits an application for authorisation and the authorisation is granted. Since no applications for authorisation have been submitted to date only the exempted uses remain allowed. Hence, the final regulatory action severely restricts the use of diarsenic pentaoxide.

The reasons for the final regulatory action were relevant to: Human health

Summary of known hazards and risks to human health:

Diarsenic pentaoxide has been classified under Regulation (EC) No 1272/2008 (CLP Regulation) as a carcinogen, category 1A, H350 (May cause cancer.), which is the basis for the identification as substance of very high concern under Article 57 (a) of Regulation (EC) No 1907/2006 (REACH Regulation).
Data on the underlying hazard evaluation are not publically available.

Expected effect of the final regulatory action in relation to human health:

Avoidance of risk for human health from the use of diarsenic pentaoxide.

Date of entry into force of the final regulatory action: 12/05/2015