Bosnia and Herzegovina: My product contains a substance from the restricted list – what should I do?

When I write about chemical regulations, I often mention the List of restrictions and bans.

However, recently I've had several inquiries about what the prescribed restrictions and bans practically mean for manufacturers, importers, or users of chemicals. 

Does this mean that a substance on the list is completely banned? Can it still be used? What obligations arise from the restriction or ban? 

Today, we'll look at what it actually means when a substance is on the List of restrictions and bans. And why it's important to check if the chemicals you use are on this list. 

The List of restrictions and bans as we know it is defined in Annex XVII of the REACH regulation of the European Union. In Bosnia and Herzegovina, this list is established in the Republic of Srpska in Annex 1 of the Regulation on restrictions and bans of chemicals. An identical regulation is expected to be adopted in the Federation of Bosnia and Herzegovina. 

This list includes substances that may pose an unacceptable risk to human health and the environment. Therefore, prohibited or permitted uses of the chemical are defined. Specific conditions for the production, marketing, and use of substances, as well as mixtures and products containing them, are prescribed. 

The fact that a substance is on the List of restrictions and bans doesn't automatically mean it cannot be used. "Restriction" and "ban" are not the same. In some cases, a substance is completely banned for certain purposes. In other cases, its use is allowed but only under strictly defined conditions. And there are many more restrictions than bans. 

For example, a restriction might be:: 

One of the recent examples is diisocyanates. Their use is not completely banned, but it is restricted to professional and industrial users who have undergone appropriate training. 

Similarly, for CMR substances (carcinogenic, mutagenic, or reproductive toxic substances), restrictions are prescribed for products intended for general use. 

We also have the example of methanol: its use is restricted in windshield washing products intended for general use. The maximum allowed concentration is 0.6%. 

According to these examples, certain chemicals can be used in industry under controlled conditions, but they must not be available to the general public. Or they must not be found in specific products, while for others, the restriction does not apply. 

When a substance is included on the List of restrictions and bans, the first obligation of a company is to check whether the restriction applies to its specific product and purpose. This is very important because restrictions often do not apply to the substance in its entirety, but to: 

Therefore, it's not enough just to check if a substance is on the list. It's necessary to thoroughly analyze the conditions of the restriction. And for that purpose, it's necessary to check the product composition, concentration of substances, product purpose, user category, and similar factors. 

The List of restrictions and bans is frequently updated: new substances or applications are constantly added to the list in the European Union. Changes to our regulations occur with a delay, but we can be sure that what is regulated in the EU will eventually apply here as well. 

When defining new restrictions and bans, transitional periods are prescribed to allow the industry to adapt to the new conditions. Therefore, continuous monitoring of regulations is very important for all who manufacture, import, or use chemicals. 

It's important to understand that the goal of restrictions is not to ban business, but to reduce risks and ensure safer use of chemicals. More and more efforts are being made to replace hazardous substances with safer alternatives. Keep this in mind when planning new products or processes. 

If you're unsure whether the prescribed restrictions apply to the chemicals you use, feel free to contact me at nina.pajovic@bens-consulting.eu.