>
400-774-3358

Monthly Report on Chemicals and Sustainability Regulatory Developments in the Consumer Goods Sector - January 2024

Time: 2024-01-26

Read: 117

I. Key Updates from the European Chemicals Agency (ECHA)

(I) Key Findings of the REF-10 Project Report

On 13 December 2023, ECHA published the REF-10 project report, covering aspects such as REACH restriction clauses, tariffs applicable to substances in articles, restrictions on Persistent Organic Pollutants (POPs), and relevant restrictions derived from the Toy Directive and the Restriction of Hazardous Substances (RoHS) Directive. In 2022, national enforcement authorities from 26 countries inspected 2,400 consumer-facing products, and over 400 of these products were found to violate EU chemical laws. Hazardous substances such as lead and phthalates exceeded limits in items including electronic devices, sports equipment, toys, and fashion products.

(II) Recent Updates to the REACH Regulation (November - December 2023)

DateTopicInformation Link
28 November 2023Published a report on PVC additives and microplastic release, focusing on investigating the restriction of 63 PVC additives to reduce microplastic emissionsECHA Website
13 December 2023Released the draft update of the Community Rolling Action Plan (CoRAP) 2024-2026, including substances suspected of endangering human health or the environment; expected to be adopted and published in March 2024ECHA Website
13 December 2023A nano-opinion on the ancestral molecular reaction of nanomaterial particles was published on the EU Nanomaterial Observatory (EUON) websiteEU Nanomaterial Observatory (EUON) Website
13 December 2023Launched a call for comments and evidence on chromium trioxide, acids derived from it, and their oligomers, to gather information for the preparation stage of the restriction proposal; deadline for comments is 13 February 2024ECHA Website
19 December 2023Updated substance identification guidelines to assist in the identification and naming of substances under REACH and CLP regulationsECHA Website
20 December 2023Published the annual report on trade in EU-banned or strictly restricted chemicals; imports of PIC-controlled chemicals increased more than 20-fold in 2022, mainly due to benzene being added to the PIC control listECHA Website

(III) Relevant Extended Links for the REACH Regulation

  • Intentions to register restrictions until outcome - ECHA (europa.eu)

  • Intentions to register Substances of Very High Concern (SVHC) until outcome - ECHA (europa.eu)

  • Substance evaluation - CoRAP - ECHA (europa.eu)

  • Adopted opinions on authorisation applications and previous consultations - ECHA (europa.eu)

  • Authorisation applications - Ongoing consultations - ECHA (europa.eu)

  • Current calls for comments and evidence - ECHA (europa.eu)

  • Authorisation list - ECHA (europa.eu)

  • Completed restriction activities by ECHA

  • Proposed restriction measures under consideration

  • Regulatory need assessment list

II. Progress on the Classification, Labelling and Packaging (CLP) Regulation

(I) Provisional Agreement between the Council of the EU and the European Parliament

On 22 December 2023, the two parties reached a provisional agreement to update the CLP Regulation (EC No 1272/2008). The update is driven by new business trends such as online shopping and new hazards like endocrine disruptors. Objectives include adapting to trade forms, promoting chemical recycling, optimizing labelling (including digital labels), and enhancing hazard protection. The next step is formal adoption.

(II) Recent Updates to the CLP Regulation

DateTopicInformation Link
7 December 2023Reminded that from 1 January 2024, new notifications for mixtures used exclusively for industrial purposes (excluding consumer and professional uses) must follow the uniform format detailed in Annex VIII of the CLP Regulation and include a Unique Formula Identifier (UFI) code on the label; transition period ends on 1 January 2025European Poison Centres Website

(III) Relevant Extended Links for the CLP Regulation

  • Intentions to register Classification and Labelling Harmonisation (CLH) until outcome - ECHA (europa.eu)

  • Harmonised classification and labelling consultations - ECHA (europa.eu)

III. Regulatory Initiatives of the European Commission on Chemicals and Electronic Equipment

(I) Key Initiatives in the Chemical Sector

DateTitleKey Content
8 December 2023Chemicals - Making the most of EU agencies for simplified scientific assessmentSimplify assessment arrangements, improve the quality and consistency of safety assessments, and optimize resource utilization; feedback accepted until 4 March 2024
8 December 2023Chemical safety - Better access to chemical data for safety assessmentsFacilitate data access and use, enhance transparency, and allow authorities to commission substance testing and monitoring; feedback accepted until 4 March 2024
12 December 2023Chemicals regulation - Updating EU test method rulesAdd/new update test methods, reduce the number of laboratory animals, and improve result reliability; feedback accepted until 9 January 2024
26 December 2023Persistent Organic Pollutants (POPs) - Hexabromocyclododecane (HBCDD)Revise limits for unintentional trace HBCDD in substances, mixtures, and articles; public consultation closed on the same day
1 January 2024Persistent Organic Pollutants - Perfluorooctane sulfonic acid (PFOS) limits and exemptionsLower the concentration limit for unintentional trace PFOS and remove the last specific exemption; public consultation closed on 26 December 2023

(II) Regulation of Hazardous Substances in Electrical and Electronic Equipment

Published InitiativeStatus Date
Review: Restriction of hazardous substances in electronic equipmentAdopted by the European Commission on 7 December 2023
Hazardous substances in electrical and electronic equipment - Exemption for cadmium in quantum dot LED applicationsOriginally planned for adoption in Q2 2023, still pending

IV. Chemical Regulatory Developments in Other Countries

(I) UK: Extending PFOA Exemption Period and Adding Substance Restrictions

On 15 November 2023, the UK amended its Persistent Organic Pollutants Regulation, adding limits for perfluorohexane sulfonic acid (PFHxS) and related substances. The regulation came into force on 16 November 2023.

SubstanceLimit
Perfluorohexane sulfonic acid (PFHxS) and any of its salts (in substances, mixtures or articles)≤0.025 mg/kg
Any PFHxS-related compounds (in substances, mixtures or articles)≤1 mg/kg (0.0001% by weight)
PFHxS, its salts, and related compounds (in fire-fighting foam mixtures)≤0.1 mg/kg (0.00001% by weight)

(II) Japan: Banning PFHxS and Its Salts

On 1 December 2023, Japan's Ministry of Economy, Trade and Industry (METI) classified PFHxS and its salts as Class 1 chemicals under the Chemical Substances Control Law (CSCL), prohibiting their manufacture, use, import, and the import of ten categories of products containing these substances. The cabinet order takes effect on 2 February 2024, and imports of relevant products (including water- and oil-repellent treated fabrics, semiconductor etchants, and fire-fighting foams) will be banned from 1 June 2024.

V. Initiatives Related to Sustainability and Circular Economy

Issuing EntityDatePublicationKey Content
European Commission28 November 2023EU Forests - New EU forest monitoring and strategic plan frameworkEstablish an EU-wide forest observation framework to provide information on forest conditions; feedback accepted until 7 February 2024
European Commission1 December 2023New product priorities for the eco-design of sustainable productsPromote products sold in the EU to meet eco-design requirements; planned adoption in Q1 2024
Council of the EU7 December 2023Net-Zero Industry Act: Council adopts position to boost green transition technologiesSupport the Act's objectives, expand scope, clarify licensing and procurement rules, and promote innovation
Council of the EU9 December 2023Artificial Intelligence Act: Council and Parliament reach agreement on the world's first AI rulesAdopt a "risk-based" regulatory approach, with stricter rules for higher risks
French Ministry for Ecological Transition10 December 2023Decree on extended producer responsibility for household packaging and waste paperDefine obligations of eco-organizations and producer individual systems for waste collection and recycling
Council of the EU14 December 2023Corporate Sustainability Due Diligence: Council and Parliament reach agreementImpose obligations on large companies regarding human rights and environmental impacts of their operations and partners
Council of the EU18 December 2023Packaging and packaging waste: Council adopts negotiating positionAim to reduce packaging waste, including recycling requirements and deposit schemes; serves as negotiation mandate
Council of the EU22 December 2023Products fit for the green transition: Council and Parliament reach provisional agreement on eco-design regulation