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Eurofins >> Consumer Product Testing >> Media Centre >> News >> Chemicals | Monthly bulletin | December 2022

Chemicals | Monthly bulletin | December 2022

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Europe

 

Forum enforcement projects 2023-2025 on imported products

 

On 16 November 2022, ECHA announced the next REACH enforcement project. The new REACH-EN-Force will aim to control the imports of substances, mixtures and articles. It will investigate how companies fulfil the registration, authorisation and restriction obligations for products and chemicals they import from outside the EU. The project will run in 2023-2025 with the cooperation of national customs authorities and REACH inspectors.

 

This project arose as a result of the 2019 pilot project, the results of which indicated that 23% of inspected products were non-compliant with requirements set by EU law and that further controls are necessary.

 

For more information, consult the ECHA’s website here.

 

Additional recent updates regarding REACH Regulation

 

The following table provides a summary of some recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:

 

Summary of the most recent updates

Date

Subject

Link

28/10/2022

Perfluoroalkyl chemicals (PFASs).

ECHA has published news on PFAS, sharing the last updates, restrictions and restriction proposals for 2022 and 2023.

More information on ECHA’s website here.

02/11/2022

EHCA opened a call for evidence on polyvinyl chloride (PVC) and its additives related to:

  • Uses;
  • EU volumes per use sector and end-use;
  • End-of-life information per use; and
  • Experimental/measured release and exposure information.

This information will be used for the investigation report on PVC and its additives, which was requested by the European Commission.

More information on ECHA’s website here.

04/11/2022

Report on the pilot project on recovered substances exempted from REACH registration

The European Chemicals Agency’s Forum for Exchange of Information on Enforcement (Forum) has finalised its pilot project that explored, for the first time, the interface between REACH and waste legislation (Waste Framework Directive), in particular, for substances recovered from waste. The pilot project ran in 11 Member States.

This pilot project assessed the compliance of recovered materials against REACH Article 2(7)(d) and results reveal that 26 % of checked substances are in breach of REACH.

More information on ECHA’s website here.

07/11/2022

SCIP database has been extended to European Economic Area

SCIP database is ready to receive notification of companies from Iceland, Liechtenstein and Norway. These countries can submit notification to ECHA related to substances of very high concern in articles.

More information on ECHA’s website here.

07/11/2022

Study of the EU market for nanomaterials, including substances, uses, volumes and key operators

The study provides a list of nanomaterials currently on the market and identifies key market operators. It also predicts growth in the European nanomaterial market over the period 2021 – 2025. As the study was carried out before the crisis arising from the war in Ukraine, the impact of this on the study outcomes is unknown. 

The study was carried out in 2021. 

More information on EUON’s website here.

09/11/2022

Restriction proposals for bisphenols and creosote are available on the ECHA website. The opening date for consultations is pending.

The proposals will be evaluated by ECHA’s scientific Committees for Risk Assessment (RAC) and Socio-Economic Analysis (SEAC).

More information on ECHA’s website here.

 

Other interesting links about REACH from the ECHA’s website

 

 

Other interesting links about CLP from the ECHA’s website

 

 

Miscellaneous technical publications relating to chemicals

 

The latest publications in relation to chemicals are summarised in the table below:

 

Date

Country/ Region

Entity

Publication

26/10/2022

Europe

European Commission

Guidance for safe and sustainable chemicals and materials published (SRIP)

The European Commission published this guide with the aim to accelerate the shift to safe and sustainable chemicals and materials. In order to boost the protection of people and the planet against hazardous substances, the SRIP highlights crucial research and innovation needs for this transition and guides funders in their investments.

28/10/2022

Europe

European Commission

Electrical equipment – hexavalent chromium as an anticorrosion agent in gas absorption heat pumps (RoHS exemption)

This initiative concerns a request for an exemption for hexavalent chromium as an anticorrosion agent in the working fluid of the carbon steel sealed circuit of gas absorption heat pumps, which are considered to be EEE.

02/11/2022

Albania

Albanian Council of Ministers

Decision No. 691 of October, 2022 Decision No. 691/2022 was published which amends Decision 360/2015 on persistent organic pollutants (POP). In part, this amendment approximates European Regulation (EU) 2019/1021 on POP. It became effective on December 1, 2022.

07/11/2022

Belgium

Sante publique, sécurité de la chaine alimentaire et environnement

The Belgian Service public Fédéral make a variety of pedagogical material and information available, due to the large number of accidents involving chemical products such as detergents, disinfectants and biocides.

For more information, consult the Belgium health website here.

 

France

 

Mandatory environmental information in consumer products

 

A product’s environmental qualities and characteristics is very relevant for consumers. It will therefore be mandatory for all consumer products place in the French market in 2023.

 

According to Decree 2022-748 of 29 April 2022 relating to consumer information on the environmental qualities and characteristics of waste-generating products, this obligations will come into force gradually.

 

Below is a summary table with the main dates and turnover of the companies:

 

Environmental characteristics of waste-generating products

Date

For producers, importers and any other marketers

Annual turnover

Responsible annually

From 1 January 2023

>50 million euros

>25,000 units of the products

They are not applicable to products for which the last unit is placed on the market between January 1 and March 31, 2023.

From 1 January 2024

> 20 million euros

>10,000 units of the products

From 1 January 2025

>10 million euros

>10,000 units of the products

 

This information shall be available in a dematerialised format, accessible free of charge at the time of purchase and reusable so as to allow aggregation.

 

The producer or importer shall make available the information provided on a dedicated website or internet page comprising a sheet entitled “product sheet relating to the qualities and environmental characteristics” so as to allow direct research and queries on the internet as well as the extraction of data for possible automated processing of the information presented.

 

For more information, consult the Ministry of Energy Transition’s website here and Frequently Asked Questions (FAQ)

 

Spain

 

News on plastic tax

 

From 1st January 2023, the new environmental tax that applies to non-reusable plastic containers will come into force. Through Law 7/2022, of April 8, on waste and contaminated soils, the new special tax on non-reusable plastic containers has been established, which is related to the Law on packaging and packaging waste. The main changes are related to the incorporation of the special tax on non-reusable plastic containers. The following bullet points summarise the most important changes:

 

  • The tax will aim to promote the prevention of the generation of non-reusable plastic packaging waste, as well as promoting the recycling of plastic waste, contributing to the circularity of this material.
  • The definition of hazardous waste of sanitary origin has been incorporated, which is exempt from the tax.
  • The time in which the exemption from the tax on containers within the scope of application that have been imported or acquired intra-community, and which weight 5kg or less, has been limited to one month.
  • Recycled plastic certified by the UNE-EN 15343-2008 standard is accepted, as well as that from duly certified chemical recycling.
  • Date of entry into force: 1st January 2023.

If you need information or have questions about the procedures related to the new tax, consult the new documents published on the Tax Agency website, here.

 

UK

 

Updates related to waste packaging

 

The latest publications in relation to waste packaging and Producer Responsibility Obligations are summarised in the table below:

 

Date

Code

Publication

27/10/2022

S.I. 2022 No.286

The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2022

These Regulations set an overall recycling target and material-specific recycling targets for 2023 for obligated producers in Northern Ireland in relation to glass, plastic, aluminium, steel, paper/board and wood.

27/10/2022

S.I. 2022 No. 288

The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2022

These regulations amend the Waste Management Licensing Regulations (Northern Ireland) 2003 (the 2003 Regulations) and prescribe the accepted technical competencies for the purpose of determining if a person can be deemed a fit and proper person to hold a waste management licence.

27/10/2022

S.I. 2022 No. 289 (C.26)

The Waste and Contaminated Land (Amendment) (2011 Act) (Commencement No.3) Order (Northern Ireland) 2022

This order brings into operation sections 4 and 5 of the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 on 2nd January 2023.

09/11/2022

S.I. 2022 No. 330

The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2022

These Regulations set an overall recycling target and material-specific recycling targets for 2023 for obligated producers in Scotland in relation to glass, plastic, aluminium, steel, paper/board and wood.

 

US

 

Recent Prop 65 60-Day Notices - PFOA/PFOS

 

California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Recently, there have been many new 60-day notices concerning Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA). Please see below Table 1 for the recent 60-day notices.

 

Table 1:

 

Date

Chemical

Product

AG Number

September 30, 2022

PFOA

Microfiber tablecloth

2022-02322

October 10, 2022

PFOS

Jackets

2022-02404

October 10, 2022

PFOA

Crib mattress pads

2022-02405

October 12, 2022

PFOA

Fabric shower liners

2022-02441

October 12, 2022

PFOA

Golf umbrellas

2022-02442

October 12, 2022

PFOS

Comfort bath pillows

2022-02443

October 17, 2022

PFOS

Bibs

2022-02498

October 17, 2022

PFOS

Superbibs

2022-02499

October 24, 2022

PFOS, PFOA

Waterproof rain jackets

2022-02565

November 8, 2022

PFOA

Duffle bags

2022-02711

November 8, 2022

PFOA

Jackets

2022-02712

November 8, 2022

PFOA

Jackets

2022-02713

November 18, 2022

PFOA, PFOS

Jackets

2022-02788

 

Taiwan

 

Taiwan Amends Regulation for Labeling and MSDS for Toxic and Concerned Chemical Substances

 

On November 4th, 2022, Taiwan’s Environmental Protection Administration (EPA) issued an amendment to the Regulations for Labeling and Materials Safety Data Sheets for Toxic and Concerned Chemical Substances. The amendment includes the following changes:

 

  • Includes requirement that containers or packaging of toxic and concerned chemical substances should comply with the classification and labeling key points that are determined by the national standard CNS 15030 and should clearly mark the following items in accordance with the prescribed format:
    • Pictograms: A square presented at a 45 degree angle to the vertical direction consisting of a red outline on a white background. The interior of the square should contain a suitable sized black symbol for identification
    • Contents:
      • Name
      • Hazardous ingredients: all toxic or concerned chemical substances exceeding the control concentration shall be labeled with the Chinese and English names announced by the competent authority and the CAS number
      • Caution words or warnings
      • Hazard statements
      • Precautionary statements
      • Name, address, and telephone number of the manufacturer, vendor, or supplier
  • Includes minimum dimension requirements for labels; Folding or hangtag labels may be used if unfeasible due to the size, shape, or material of the container or packaging
  • Includes special warning requirement for concerned chemical substances
  • Includes requirement for mixtures containing toxic or concerned chemical substances to list the hazardous ingredients on the SDS and label

The amendment went into effect on November 4th, 2022, except for Article 3 (label content) and Article 4 (minimum dimensions of the label), which will become effective on October 31st, 2023.

 

Vietnam

 

Vietnam Amends Chemical Management Regulation

 

On October 18th, 2022, Vietnam issued Decree No. 82/2022/ND-CP to amend certain articles of its chemical management law, Decree No. 113/2017/ND-CP. Effective December 22nd, 2022, below are some of the key amendments to Decree No. 113/2017/ND-CP under the new decree:

 

  • Added 16 new chemicals to Appendix I – List of Chemicals subject to conditional production and trading in the industrial sectors
  • Changed the threshold for skin/respiratory sensitizer to ≥ 1.0% in Clause 1, Article 24
  • Changed number 231 to Mercury and its compounds in Table 1 of Appendix I - List of hazardous chemicals that require a chemical incident prevention and response plan
  • Added 6 new chemicals to Appendix V 0 List of chemicals to be declared
  • Added a new Appendix II – List of chemicals limited for production and trading in industrial sector
  • Added Article 10a – Cases not subject to issuance of certificate of eligibility for production and trading of chemicals
  • Added Article 16a – Cases not subject to issuance of license for production and trading of chemicals