New restriction for lead in PVC articles
New restriction for lead in PVC articles
On 8th May 2023, the European Commission published an amendment in accordance with Annex XVII, restrictions list, to Regulation (EC) No 1907/2006 as regards lead and its compounds in PVC.
Commission Regulation (EU) 2023/923 of 3 May 2023 adds 6 points in entry 63 – lead and its compound, column 2, of Annex XVII of Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).
Lead is a toxic substance which affects the development of human health and environment. It is used to give a thermal stability of PVC during compounding and article production. They also protect PVC against photo-degradation. To facilitate the enforcement of the proposed restriction, it is appropriate to restrict any lead present in PVC regardless of its intended function. As a means of limiting the carryover of lead in new products, through recycling process, economic operators should be granted a 24-month period to adapt to the new requirements for flexible PVC and for rigid PVC the obligation should apply after 36 months from the entry into force of this Regulation.
The main new restrictions are:
- Shall not be placed on the market articles, if the concentration of lead is equal to or greater than 0,1 % by weight of the PVC material. it shall apply with effect from 29 November 2024. Exceptions:
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- For PVC articles containing recovered flexible PVC until 28 May 2025.
- For PVC articles containing recovered rigid PVC until 28 May 2033, if the concentration of lead is lower than 1,5 % by weight of the recovered rigid PVC.
- From 28 May 2026, rigid PVC recovered for construction articles referred in this entry shall only be used for the production of new articles of any of those construction articles.
- Suppliers of PVC articles containing recovered rigid PVC shall submit to national enforcement authorities upon request documentary evidence to substantiate the claims on the recovered origin of the PVC in those articles. Certificates issued by schemes to provide proof of traceability and recycled content, such as those developed according to EN 15343:2007 or equivalent recognised standards, may be used to substantiate such claims for PVC articles produced in the Union. Claims made on the recovered origin of the PVC in imported articles shall be accompanied by a certificate that provides equivalent proof of traceability and recycled content, issued by an independent third party.
This amendment shall not apply to:
- PVC-silica separators in lead acid batteries, until 28 May 2033;
- Jewellery articles and articles supplied to the general public, with accessible parts, with concentration of lead equal to or greater than 0,05 % by weight which can be placed in the mouth by children.
- articles within the scope of:
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- Regulation (EC) No 1935/2004;
- Directive 2011/65/EU
- Directive 94/62/EC;
- Directive 2009/48/EC.
- PVC articles placed on the market until 28 November 2024.
This Regulation shall enter into force on 28th May 2023.
For more information, consult the official publication in European Commission website here.
