Chemicals | Monthly bulletin | November 2022

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Europe

ECHA has launched public consultation on MCCP restriction proposal

The European Chemicals Agency has recently launched a public consultation on its proposal to restrict medium-chain chlorinated paraffin (MCCP) and other substances that contain chloroalkanes with carbon chain lengths from C14 to C17 (CA:C14-17) under REACH Annex XVII.

Substances containing CA:C14-17 are used in a broad range of applications. Some of the main uses are: flame retardant and plasticizer in PVC, adhesive and sealants, rubbers and paints and coatings; used in fatliquors in the processing of leather (re-greasing of leather) as softening, leather resistance and waterproofness agents; within other uses….

Two Restriction entries have been proposed in this dossier:

Option A: a ban on manufacturing and placing on the market substances, mixtures and articles containing more than 0.1% of CA:C14-17 with PBT and/or vPvB properties. The ban would apply after a two-year transition period.
Option B: a ban on solely placing on the market substances, mixtures and articles containing more than 0.1% of CA:C14-17 with PBT and/or vPvB properties. The ban would apply after a two-year transition period, except for metalworking fluids where either a longer transition period (7 years) or a derogation could be considered depending on the information submitted during the Annex XV consultation.

The consultation on this proposed restriction started on 21/09/2022 and ends on 22/03/2023

¹ ‘CA:C14-17’ refers to ‘the congeners/congener groups of chloroalkanes with carbon chain lengths within the range from C14 to C17’

More information on 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
19/10/2022	Changes to market volumes of chemicals subject to authorisation in 2010-21. The report takes a deeper look at the substances of very high concern (SVHCs) for which companies applied for authorisation during 2010-2021. For example, the production and import of five phthalates (BBP, DBP, DIBP, DEHP and diisopentyl phthalates) and trichloroethylene is estimated to have decreased by more than 90 % in roughly a decade.	More information on ECHA’s website here.
31/10/2022	Call for evidence on skin sensitisers in consumer mixtures. This call for evidence consultation was extended until 31 October 2022. It was issued by the Competent Authorities of Denmark, France, Germany, and Ireland, and is an opportunity for all sectors to provide information on the presence of skin sensitising substances in mixtures for consumer uses, including information on known safe usage.	More information on ECHA’s website here.

Other interesting links about REACH from the ECHA’s website

CLP Draft amendment to introduce new hazard classes

On 21^st September 2022, the European Commission published Draft Commission Delegated Regulation EU amending Regulation No 1272/2008 as regards hazard classes and criteria for the classification, labelling and packaging of substances and mixtures. (G/TBT/N/EU/926).

Amendment of EU classification and labelling rules for chemicals to introduce new hazard classes for endocrine disruptors (ED) for human health and the environment as well as for other environmental hazards, namely persistent, bioaccumulative and toxic (PBT), very persistent and very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), very persistent and very mobile (vPvB) substances and mixtures.

Other interesting links about CLP from the ECHA’s website

Public European Initiatives

The latest consultations by the European Commission related to chemicals:

Date	Publication
30/09/2022	European Critical Raw Materials Act To achieve the green and digital transitions, the EU must significantly increase and diversify its critical raw materials supply, strengthen circularity and support research and innovation. This initiative will aim to reinforce EU monitoring capacities and strengthen both the EU value chain – through the identification of mineral resources and raw materials projects in the EU's strategic interest, with strong environmental protection – and EU external policies on CRMs.
04/10/2022	Electrical equipment – mercury in melt pressure transducers for specific capillary rheometers (RoHS exemption) This initiative concerns a request for an exemption for mercury in melt pressure transducers for capillary rheometers under extreme conditions used as monitoring and control instruments (in preparation).
04/10/2022	Electrical equipment – lead in polyvinyl chloride for sensors used in diagnostic medical devices (RoHS exemption) This initiative concerns a request for an exemption for lead in polyvinyl chloride (PVC) used a base material in sensors which are used in in-vitro diagnostic medical devices (in preparation).
06/10/2022	Waste from electrical and electronic equipment – evaluating the EU rules The 2012 Directive on waste from electrical and electronic equipment protects the environment and human health, contributes to sustainable production and consumption, and ensures efficient use of resources by preventing and recovering waste. This initiative will evaluate the progress made under the Directive. It will assess whether the objectives are met and to what extent the Directive supports a circular economy and environmentally sound management of waste for electrical electronic equipment.

POPs Review Committee meeting

In September 2022, the eighteenth meeting of the POPs Review Committee of the Stockholm Convention took place.

The POPs Review Committee evaluates the proposals and makes recommendations to the Conference of the Parties on such listing in accordance with Article 8 of the Convention.

Currently, the following chemicals are under review:

Dechlorane Plus: Draft risk management evaluation.
UV-328: Draft risk management evaluation.
Chlorpyrifos: Draft risk profile.
Chlorinated paraffins with carbon chain lengths in the range C14-17 and chlorination levels at or exceeding 45 per cent chlorine by weight: Draft risk profile.
Long-chain perfluorocarboxylic acids (LC-PFCAs), their salts and related compounds: Draft risk profile.

The Committee will also consider draft reports on information related to specific exemptions for decabromodiphenyl ether and short-chain chlorinated paraffins; draft assessment of alternatives to perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride; and a draft document on long-range environmental transport.

For more information, consult the Stockholm Convention‘s website here.

Miscellaneous technical publications relating to food contact materials

The latest publications in relation to food contact materials are summarised in the table below:

Date	Country/ Region	Entity	Publication
19/10/2022	Ukraine	Ministry of Economy of Ukraine	Draft Order "On approval of the Technical Regulation relating to crystal glass". (G/TBT/N/UKR/232) The draft order approves the Technical Regulation that establishes requirements for the composition, characteristics and labeling of crystal glass products placed on the market in Ukraine. The Technical Regulation is based on Council Directive 69/493/EEC of 15 December 1969 on the approximation of the laws of the Member States relating to crystal glass.
05/10/2022	Europe	European Commission	Public consultation: Revision of EU rules on food contact materials
21/09/2022	Europe	European Commission	Corrigendum to Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008.

France

Closure at SYNAPSE poison centre

On 1^st January 2023, The DECLARATION-SYNAPSE tool will be officially closed.

Consequently, all declarations of hazardous mixtures and biocidal products placed on the market in France must be made via the European portal for notifications to poison control centers (PCN) from the closure date.

No new declarations will be accepted, but the "Declaration-Synapse" portal will remain accessible, for consultation only, until June 30, 2023 for declarants with a valid certificate. Previously submitted declarations will remain valid and no re-submission will be required in PCN (except updates).

Technical publications

Recent publications by ANSES (French Agency for Food, Environmental and Occupational Health & Safety) related to consumer products include:

Date

Publication

15/09/2022

School supplies: the great vagueness of chemical substances

School supplies are not subject to any specific regulations regarding their composition, manufacture or use.

ANSES has therefore produced a summary of the available literature concerning the chemical substances present in or emitted by school and office supplies.

California Passes New PFAS in Cosmetics Regulation

In 2020, California passed a legislation to ban the use of 13 specified PFAS substances in cosmetic products beginning in January 1^st, 2025. On September 29^th, 2022, California approved Assembly Bill No. 2771 to ban cosmetic products containing any intentionally added PFAS substances beginning in January 1^st, 2025.

Under the new regulation, the following terms have the following definitions:

A “Cosmetic product” means an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.

“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

“Intentionally added PFAS” means either of the following:

(1) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.

(2) PFAS chemicals that are intentional breakdown products of an added chemical.

US EPA Proposes to Update Voluntary Consensus Standards for Composite Wood Products

On March 29^th, 2022, the Environmental Protection Agency (EPA) proposed to update several voluntary consensus standards in the EPA’s formaldehyde standards for composite wood products regulations under the Toxic Substances Control Act (TSCA). On September 20^th, 2022, the EPA proposed to update the incorporation by reference of two additional voluntary consensus standards in the formaldehyde standards for composite wood products regulations to reflect the most recent editions. The EPA accepted comments for the addition of the following standards until October 20^th, 2022:

ANSI A208.1-2022 Particleboard
ANSI A208.2-2022 Medium Density Fiberboard

Please click here to see the proposed rulemaking in the Federal Register.

India

India Amends Food Contact Materials Regulation

The Food Safety and Standards Authority of India has recently issued the Food Safety and Standards (Packaging) Second Amendment Regulations, 2022 to add 2 new chemicals to its requirement list for specific migration limits in plastic food contact materials. With the addition of antimony and DEHP, the number of substances with migration limits will be expanded to 9 chemicals. Please see Table 1 below to see the full list of specific migration limits of substances from plastic food contact materials.

Table 1: Requirement for specific migration limits of substances from plastic materials intended to be in contact with articles of food.

Substance	Maximum Migration Limit (mg/kg)
Barium	1.0
Cobalt	0.05
Copper	5.0
Iron	48.0
Lithium	0.6
Manganese	0.6
Zinc	25.0
Antimony	0.04
Phthalic acid, bis (2-ethylhexyl) ester (DEHP)	1.5

Thailand

Thailand to Require Mandatory Standards for Synthetic Dyes

Thailand has recently issued a Ministerial Regulation to require the synthetic dye product industry to comply with one of five TIS standards. The new regulation will become effective on August 19^th, 2023. Please see Table 1 below for the list of mandatory standards.

Standard	Title
TIS 739-2563 (2020)	Synthetic Dyestuffs: Direct Dye
TIS 740-2563 (2020)	Synthetic Dyestuffs: Reactive Dye
TIS 760-2563 (2020)	Synthetic Dyestuffs: Vat Dye
TIS 2344-2563 (2020)	Synthetic Dyestuffs: Sulfur Dye
TIS 2532-2563 (2020)	Synthetic Dyestuffs: Acid Dye

Taiwan

Taiwan Prohibits Asbestos Containing Products

The Environmental Protection Agency of Taiwan has recently issued Circular No. 1111111106 to prohibit the import of products containing asbestos, effective May 1^st, 2023. The prohibition will not apply to the following products:

Necessary for the protection of the civilians and military purposes
For research, experimentation and educational purposes
Suitable alternatives to products that do not contain asbestos as ingredients cannot be obtained.

New Zealand

Plastic products banned

The New Zealand government is banning certain hard-to-recycle plastics and will phase out six single-use items over the next four years. This marks the beginning of New Zealand’s move towards a low waste and circular economy. Below, is a summary table outlining the three main tranches of the country’s fight against plastics:

Date	Tranche	Banned plastic products
01/10/2022	1	PVC food trays and containers* (plastic type #3) Polystyrene takeaway food and drink packaging (plastic type #6) Expanded polystyrene food and drink packaging (plastic type #6) Plastic with pro-degradant additives, eg oxo and photo degradable plastics (subset of plastic type #7) Plastic drink stirrers (all plastic types) Plastic stemmed cotton buds (all plastic types) *The scope is limited to pre-formed trays used for produce, baked goods and meat.
Mid-2023	2	Single-use plastic items: Plastic produce bags Plastic plates, bowls and cutlery Plastic straws* Plastic produce labels** Plastic straws will be available for disabled people and medical use * See this website for further information on scope.
Mid-2025	3	All other PVC and polystyrene food and drink packaging.

For more information, consult guidance from the New Zealand Ministry for the Environment here.