Monthly Report on Chemicals and Sustainability Regulatory Developments in the Consumer Goods Sector - January 2024
Time: 2024-01-26
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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.
| Date | Topic | Information Link |
|---|
| 28 November 2023 | Published a report on PVC additives and microplastic release, focusing on investigating the restriction of 63 PVC additives to reduce microplastic emissions | ECHA Website |
| 13 December 2023 | Released 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 2024 | ECHA Website |
| 13 December 2023 | A nano-opinion on the ancestral molecular reaction of nanomaterial particles was published on the EU Nanomaterial Observatory (EUON) website | EU Nanomaterial Observatory (EUON) Website |
| 13 December 2023 | Launched 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 2024 | ECHA Website |
| 19 December 2023 | Updated substance identification guidelines to assist in the identification and naming of substances under REACH and CLP regulations | ECHA Website |
| 20 December 2023 | Published 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 list | ECHA Website |
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
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.
| Date | Topic | Information Link |
|---|
| 7 December 2023 | Reminded 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 2025 | European Poison Centres Website |
| Date | Title | Key Content |
|---|
| 8 December 2023 | Chemicals - Making the most of EU agencies for simplified scientific assessment | Simplify assessment arrangements, improve the quality and consistency of safety assessments, and optimize resource utilization; feedback accepted until 4 March 2024 |
| 8 December 2023 | Chemical safety - Better access to chemical data for safety assessments | Facilitate data access and use, enhance transparency, and allow authorities to commission substance testing and monitoring; feedback accepted until 4 March 2024 |
| 12 December 2023 | Chemicals regulation - Updating EU test method rules | Add/new update test methods, reduce the number of laboratory animals, and improve result reliability; feedback accepted until 9 January 2024 |
| 26 December 2023 | Persistent 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 2024 | Persistent Organic Pollutants - Perfluorooctane sulfonic acid (PFOS) limits and exemptions | Lower the concentration limit for unintentional trace PFOS and remove the last specific exemption; public consultation closed on 26 December 2023 |
| Published Initiative | Status Date |
|---|
| Review: Restriction of hazardous substances in electronic equipment | Adopted by the European Commission on 7 December 2023 |
| Hazardous substances in electrical and electronic equipment - Exemption for cadmium in quantum dot LED applications | Originally planned for adoption in Q2 2023, still pending |
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.
| Substance | Limit |
|---|
| 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) |
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.
| Issuing Entity | Date | Publication | Key Content |
|---|
| European Commission | 28 November 2023 | EU Forests - New EU forest monitoring and strategic plan framework | Establish an EU-wide forest observation framework to provide information on forest conditions; feedback accepted until 7 February 2024 |
| European Commission | 1 December 2023 | New product priorities for the eco-design of sustainable products | Promote products sold in the EU to meet eco-design requirements; planned adoption in Q1 2024 |
| Council of the EU | 7 December 2023 | Net-Zero Industry Act: Council adopts position to boost green transition technologies | Support the Act's objectives, expand scope, clarify licensing and procurement rules, and promote innovation |
| Council of the EU | 9 December 2023 | Artificial Intelligence Act: Council and Parliament reach agreement on the world's first AI rules | Adopt a "risk-based" regulatory approach, with stricter rules for higher risks |
| French Ministry for Ecological Transition | 10 December 2023 | Decree on extended producer responsibility for household packaging and waste paper | Define obligations of eco-organizations and producer individual systems for waste collection and recycling |
| Council of the EU | 14 December 2023 | Corporate Sustainability Due Diligence: Council and Parliament reach agreement | Impose obligations on large companies regarding human rights and environmental impacts of their operations and partners |
| Council of the EU | 18 December 2023 | Packaging and packaging waste: Council adopts negotiating position | Aim to reduce packaging waste, including recycling requirements and deposit schemes; serves as negotiation mandate |
| Council of the EU | 22 December 2023 | Products fit for the green transition: Council and Parliament reach provisional agreement on eco-design regulation |
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