Chemicals | Monthly bulletin | July 2023
Europe
New update to Candidate List of Substances of Very High Concern (SVHCs)
On 14th June 2023, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of two new substances, the current list of SVHCs now contains 235 substances.
Please see below a table indicating the latest substances added to the list:
Nº |
Substance name |
EC number |
CAS number |
Reason for inclusion |
Examples of use(s) |
1 |
Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide |
278-355-8 |
75980-60-8 |
Toxic for reproduction (Article 57c) |
Inks and toners, coating products, photo-chemicals, polymers, adhesives and sealants and fillers, putties, plasters, modelling clay. |
2 |
Bis(4-chlorophenyl) sulphone |
201-247-9 |
80-07-9 |
vPvB |
Manufacturing chemicals, plastic products and rubber products. |
Legal obligations for companies using substances of very high concern (SVHC) include:
- Suppliers provide customers and consumers with enough information to allow for the safe use of products that contain an SVHC above a concentration of 0.1 % weight by weight (w/w)
- Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% w/w and the substance is present in these products in quantities totalling over one tonne per producer or per importer per year. Notifications have to be submitted within six months from the date that the substance was added to the list of SVHC.
- Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, must provide their customers with a safety data sheet.
- Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing SVHC in a concentration above 0.1% w/w on the EU market is required to submit an SCIP Notification for that article to the ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.
Click here to refer to the official list on the ECHA’s website.
REACH-EN-FORCE (REF)-13 project: products sold online
On 20th June 2023, the European Chemical Agency (ECHA) announced the REACH-EN-FORCE (REF)-13 project.
REACH-EN-FORCE (REF) projects aim to harmonise the enforcement of REACH, CLP and PIC regulations in each Member State and monitor compliance.
In this case, REF-13 will focus on products sold online. Inspections will take place in 2025 to check that consumer products comply with the aforementioned legislation, but inspectors may also check compliance with restrictions under the Persistent Organic Pollutants (POPs) Regulation, the Restriction of Hazardous Substances (RoHS) Directive, and Toys Safety Directive. Inspections will be guided by rules governing online sales, such as the Digital Services Act and General Product Safety Regulation.
The REF-13 project will be prepared in 2024, with inspections planned for 2025 and reports expected to be published in 2026.
For more information, please consult the ECHA’s website here.
Further recent updates regarding REACH Regulation
The following table provides a non-exhaustive summary of some recent updates regarding REACH Regulation (EC) No 1907/2006:
Summary of the most recent updates |
||
Date |
Subject |
Link |
12/06/2023 |
REACH Study Results The REACH Study Results have been updated, with 278 new substances having been added since August 2022. It contains non-confidential substance data submitted to ECHA under REACH regulation. |
More information on IUCLID’s website here. |
16/09/2023 |
Publication of Guidance on the implementation of the Commission Recommendation 2022/C 229/01 on the definition of nanomaterial by JRC publications repository. |
More information on JRC’s website here. |
Other interesting links about REACH from the ECHA’s website
- Registry of restriction intentions until outcome - ECHA (europa.eu)
- Registry of SVHC intentions until outcome - ECHA (europa.eu)
- Substance evaluation - CoRAP - ECHA (europa.eu)
- Adopted opinions and previous consultations on applications for authorisation - ECHA (europa.eu)
- Applications for authorisation - current consultations - ECHA (europa.eu)
- Current calls for comments and evidence - ECHA (europa.eu)
- Authorisation List - ECHA (europa.eu)
- ECHA's completed activities on restriction
- Submitted restrictions under consideration
- Assessment of regulatory needs list
Other interesting links about CLP on the ECHA’s website
- Registry of CLH intentions until outcome - ECHA (europa.eu)
- Harmonised classification and labelling consultations - ECHA (europa.eu)
Listing new substances in Annex A of POP Regulation
On 24 May 2023, European Commission published the Council Decision (EU) 2023/1006 on the position to be taken on behalf of the European Union at the eleventh meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants as regards the proposals for amendment of Annex A to that Convention.
The Union's position is to support the following substances being listed in the Annex A with the specific exemptions recommended by the POPRC:
- Dechlorane plus
- Methoxychlor
- UV-328
The decision shall enter into force on the date of its adoption.
PFHxS added as new substance to the POP list
On 30 May 2023, The European Commission adopted the final version of the amendment related to Annex I of Regulation (EU) 2019/1021 on Persistent Organic Pollutants.
This amendment shall add the substance Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS related compounds to Part A of Annex I to Regulation (EU) 2019/1021.
The specific exemptions regarding intermediate use or other specifications are as follows:
Where they are present in substances, mixtures or articles.
1. Concentrations of PFHxS or any of its salts equal to or below 0.025 mg/kg (0.0000025 % by weight)
2. The sum of concentrations of all PFHxS-related compounds equal to or below 1 mg/kg (0.0001 % by weight).
Where it is present in concentrated firefighting foam mixtures that are to be used or are used in the production of other firefighting foam mixtures.
3.Concentrations of PFHxS, its salts and PFHxS-related compounds equal to or below 0,1 mg/kg (0,00001 % by weight).
Note: the application date will be 3 years after entry into force of this amending Regulation.
The amendment is expected to be published in the Official Journal of the European Union and this way to have application date.
For more information, please consult the European published initiative here.
Minnesota approves PFAS and heavy metals regulation on various consumer products
On May 24, 2023, the State of Minnesota signed Bill HF 2310 into law to regulate Perfluoroalkyl and polyfluoroalkyl substances (PFAS), lead, and cadmium in various consumer products. The new law also contains a notification requirement for products containing intentionally added PFAS.
Under the new law, PFAS is defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Please see Table 1 below for a summary of HF 2310.
Table 1:
Chemical(s) |
Scope |
Requirement |
Effective Date |
Lead and Cadmium |
Jewelry |
Lead ≤ 90 ppm Cadmium ≤ 75 ppm |
August 1, 2023 |
Toys |
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Cosmetics and personal care products |
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Puzzles, board games, card games, and similar games |
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Play sets and play structures |
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Outdoor games |
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School supplies |
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Pots and pans |
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Cups, bowls, and other food containers |
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Craft supplies and jewelry-making supplies |
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Chalk, crayons, paints, and other art supplies |
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Fidget spinners |
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Costumes, costume accessories, and children’s and seasonal party supplies |
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Keys, key chains, and key rings |
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Clothing, footwear, headwear, and accessories |
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PFAS |
Carpets or rugs |
Prohibited if intentionally added PFAS |
January 1, 2025 |
Cleaning products |
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Cookware |
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Cosmetics |
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Dental floss |
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Fabric treatments |
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Juvenile products* |
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Menstruation products |
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Textile furnishings |
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Ski wax |
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Upholstered furniture |
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PFAS |
All products |
Notification if intentionally added PFAS |
January 1, 2026 |
PFAS |
All products |
Prohibited if intentionally added PFAS |
January 1, 2032 |
Washington adopts new restriction and reporting rule under safer products program
The Safer Products Program for the State of Washington implements the Toxic Pollution law (Chapter 70A.350 RCW), which was signed in 2019 to create a pathway to keep toxic chemicals out of the environment. Under the Safer Products Program, there is a four phase implementation process to:
- Designate priority chemicals;
- Identify consumer products that contain these chemicals;
- Decide whether to regulate those chemical-product combinations by requiring reporting or chemical restrictions; and
- Adopt rules to implement those regulatory actions.
On May 31, 2023, the State of Washington adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting to require manufacturers to restrict or report:
- PFAS in aftermarket stain- and water-resistance treatments, carpets and rugs, and leather and textile furnishings;
- Ortho-phthalates in vinyl flooring and in personal care product fragrances;
- Organohalogen flame retardants in electric and electronic products;
- Flame retardants in recreational polyurethane foam; and
- Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.
Please see Table 1 below for a summary of the requirements under the new rule.
Table 1:
Chemical(s) |
Scope |
Requirement |
Effective Date |
PFAS |
Aftermarket stain- and water-resistance treatments |
Prohibited if intentionally added |
January 1, 2025 |
Carpets and rugs |
Prohibited if intentionally added |
January 1, 2025 |
|
Leather and textile furniture and furnishings for indoor use |
Prohibited if intentionally added |
January 1, 2026 |
|
Leather and textile furniture and furnishings for outdoor use |
Prohibited if intentionally added |
January 1, 2024 |
|
Ortho-phthalates |
Fragrances in beauty and personal care products |
Prohibited if intentionally added as a solvent or fixative for fragrance ingredients |
January 1, 2025 |
Vinyl flooring |
≤ 1000 ppm, individually or combined |
January 1, 2025 |
|
Flame retardants |
Electric and electronic products with plastic external enclosures, intended for indoor use – electronic displays and TVs |
Prohibited if intentionally added organohalogen flame retardants |
January 1, 2025 |
Electric and electronic products with plastic external enclosures, intended for indoor use – Large business, products other than electronic displays and TVs |
Prohibited if intentionally added organohalogen flame retardants |
January 1, 2027 |
|
Electric and electronic products with plastic external enclosures, intended for indoor use – Small businesses, products other than electronic displays and TVs |
Prohibited if intentionally added organohalogen flame retardants |
January 1, 2028 |
|
Electric and electronic products with plastic external enclosures, intended for outdoor use – |
Reporting if intentionally added organohalogen flame retardants |
January 1, 2024 |
|
Recreational covered wall padding made from polyurethane foam. |
Reporting if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP |
January 1, 2024 |
|
Other recreational products made from polyurethane foam |
Prohibited if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP |
January 1, 2025 |
|
Alkylphenol ethoxylates |
Laundry detergent |
≤ 1000 ppm, individually or combined |
January 1, 2025 |
Bisphenols |
Drink cans |
Prohibited if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners |
January 1, 2025 |
Food cans |
Reporting if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners |
January 1, 2024 |
|
Thermal paper |
Prohibited if intentionally added bisphenols |
January 1, 2026 |
Maine amends PFAS Reporting Law
On June 8, 2023, the State of Maine approved Bill HP 138 – LD 217 to amend the PFAS reporting law, Public Law c. 477 – An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.
Under the amendment, the following changes were made to the original PFAS reporting requirements:
- Changes reporting date deadline to January 1, 2025 (from January 1, 2023)
- Includes additional reporting information:
- An estimate of the total number of units of the product sold annually in the state or nationally
- The amount of total organic fluorine in the product if the amount of each PFAS compound is not known
- Exempts manufacturers that employ 25 or fewer people
- Exempts used products or used product components
- Clarifies packaging exemption
China releases announcement on five POPs substances restricted update
The Standing Committee of the 13th National People's Congress has deliberated and approved an amendment to the Stockholm Convention on Persistent Organic Pollutants. With the amendment, the convention now lists three persistent organic pollutants including Polychlorinated Naphthalenes and Short Chain Chlorinated Paraffins (hereinafter collectively referred to as the “Amendments”). The Amendment has been in force in China since June 6, 2023.
The Amendment dictates the phase-out period or restriction of five POPs:
No |
Persistent Organic Pollutant Name |
CAS No. |
China Customs Statistical Commodity Catalog |
1 |
Hexachlorobuta-1,3-diene |
87-68-3 |
2903299020 |
2 |
Pentachlorophenol and its salts and esters |
87-86-5 131-52-2 27735-64-4 3772-94-9 1825-21-4 |
2908110000 2908199023 2908199024 2915900014 2909309017 |
3 |
Polychlorinated naphthalenes, including dichloronaphthalene, trichloronaphthalene, tetrachloronaphthalene, pentachloronaphthalene, hexachloronaphthalene, heptachloronaphthalene, octachloronaphthalene |
- |
2903999050 |
4 |
Decabromodiphenyl ether (decaBDE) |
1163-19-5 |
2909309018 |
5 |
Short-chain chlorinated paraffin (SCCP) |
For example: 85535-84-8 68920-70-7 71011-12-6 85536-22-7 85681-73-8 108171-26-2 |
3824890000 |
Note: Short-chain chlorinated paraffin refer to straight-chain chlorinated hydrocarbons with a chain length of C10 to C13, whereby the chlorine content exceeds 48% by weight, and its concentration in the mixture is greater than or equal to 1% by weight.
The specific matters concerning the restriction and control of the above five types of persistent organic pollutants are hereby announced as follows:
- The production, use, importation and exportation of hexachlorobutadiene, polychlorinaphthalene, pentachlorophenol and their salts and esters are prohibited.
- The production, use, importation and exportation of DecaBDE is prohibited (except for the following uses).
(1) Textile products that need to have flame retardant characteristics (excluding clothing and toys).
(2) Additives for plastic shells and components used in household heating appliances, irons, fans, immersion heaters, containing or directly contacting electrical parts, or which need to comply with flame retardant standards, where the density is less than 10% by weight of the parts.
(3) Polyurethane foam for building insulation.
The exemption period for the above three types of uses ends on 31 December 2023.
- The production, use, importation and exportation of SCCPs (except for the following uses) is prohibited.
(1) Additives used in the production of conveyor belts in the natural and synthetic rubber industry.
(2) Spare parts for rubber conveyor belts used in mining and forestry.
(3) The leather industry, fattening leather.
(4) Lubricant additives, engines for automobiles, generators and wind energy facilities, as well as refineries for oil and gas exploration drilling and diesel production.
(5) Outdoor decorative lamps.
(6) Waterproof and fuel-retardant paint.
(7) Adhesives
(8) Metal processing.
(9) The second plasticiser of flexible polyvinyl chloride (but shall not be used in the processing of toys and children's products).
The exemption period for the above nine types of uses ends on 31 December 2023.
- Enterprises, public institutions and other producers and operators that emit hexachlorobutadiene and polychlorinene shall take effective measures to effectively reduce emissions or eliminate emission sources. Encourage the development and application of alternative technologies to prevent the formation and release of hexachlorobutadiene, polychlorinene and naphthalene.
- Unless otherwise specified, the above requirements for prohibition or restriction of production, use, importation and exportation does not apply to chemical substances used in laboratory-scale research or as reference standards, nor to chemical substances appearing as unintentional trace contaminants in products and articles.
- Departments of ecology and environment, industry and informatisation, housing and urban-rural construction, agriculture and rural areas, commerce, emergency management, market supervision and management, disease prevention and control, and customs, shall, in accordance with the relevant national laws and regulations, strengthen the supervision and management of the production, use, importation and exportation of the above five types of persistent organic pollutants. If violations of the announcement are discovered, they will be seriously investigated and dealt with in accordance with the law.
- This announcement came into effect on June 6, 2023.
Hong Kong has modified the Hazardous Chemicals Control Ordinance schedules
Following the National People's Congress deliberating and approving the Amendment to the Stockholm Convention on Persistent Organic Pollutants to List, the Hong Kong Environment and Ecology modified the Hazardous Chemicals Control Ordinance schedules 1 and 2.
Schedule 1 has been amended, to include an additional four hazardous substance and list after item 7, part 1 schedule 1:
Items |
Hazardous substance |
CAS Number |
8 |
Hexachlorobutadiene |
87-68-3 |
9 |
Polychlorinated naphthalenes, including: (a) dichlorinated naphthalenes (b) trichlorinated naphthalenes (c) tetrachlorinated naphthalenes (d) pentachlorinated naphthalenes (e) hexachlorinated naphthalenes (f) heptachlorinated naphthalenes (g) octachlorinated naphthalenes |
/ |
10 |
Decabromodiphenyl ether |
1163-19-5 |
11 |
Short-chain chlorinated paraffins (Alkanes, C10-13, chloro): straight-chain chlorinated hydrocarbons with chain lengths ranging from C10 to C13 and a content of chlorine greater than 48% by weight For example, the substances with the following CAS registry numbers may contain short-chain chlorinated paraffins: (a) 85535-84-8 (b) 68920-70-7 (c) 71011-12-6 (d) 85536-22-7 (e) 85681-73-8 (f) 108171-26-2 |
/ |
Schedule 2 has been amended to include an additional, item 10:
Items |
Hazardous substance |
CAS Number |
10 |
Perfluorooctanoic acid, its salts and related compounds: (a) Perfluorooctanoic acid (PFOA) (b) Salts of perfluorooctanoic acid (c) Related compounds of perfluorooctanoic acid |
335-67-1 |
The Hazardous Chemicals Control Ordinance (Cap.595) regulates the manufacture, exportation, importation and use of certain hazardous chemicals. These chemicals are specified in Schedules 1 and 2 of the Ordinance, and include those subject to the regulation of the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention) and those subject to the regulation of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention).
Sustainability, environmental and circular economy
Miscellaneous technical publications relating to environmental, plastics, packaging and waste
The table below summarises the most recent publications regarding the environment, circular economy and sustainability (non-exhaustive):
Entity |
Date |
Publication |
Ministry for the Ecological Transition and the Demographic Challenge (MITECO) (Spain) |
07/05/2023 |
The first list of packaging producers (ERP), according to Royal Decree 1055/2022, of 27 December on packaging and packaging waste, has been available on the ministry's website since 07 May, and will be updated periodically.
The purpose of this registry is to collect data on the introduction of packaging into the market.
Therefore, since 01 January 2023, the producers of products that introduce containers in the Spanish market, whether for domestic, commercial or industrial use, have been obliged to register and declare said containers in the Register of Product Producers.
Therefore, it is importance that you verify if your registration has been completed correctly and/or your suppliers are also registered. |
UK’s Department for Environment, Food & Rural Affairs |
23/05/2023 |
Single-use plastics ban guidance was published with the aim to aid compliance with the single-use plastic bans that will enter in force 01 October 2023.
The ban on these types of items, such as plates, bowls, trays, containers, cutlery and balloon sticks, will apply to:
Note: ‘Single use’ means an item is intended to be used only once for its original purpose. |
Council of the European Union |
07/06/2023 |
The Council agreed on a negotiating mandate related to a proposal for regulation on the reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal.
The proposal aims to upgrade the existing European Pollutant Release and Transfer Register (E-PRTR) in order to establish a more comprehensive and integrated industrial emissions portal.
The Council and Parliament will start negotiations to agree on the final shape of the legislation. The outcome of the negotiations will then need to be formally adopted by both institutions. |
European Commission |
08/06/2023 |
The published initiative:
Waste management - early warning report
was adopted by the European Commission. |
European Commission |
14/06/2023 |
The published initiative is in the process of being drafted: Wildlife trade – alignment of EU rules with recent decisions taken under the CITES convention on wildlife trade
This initiative will align EU legislation with the 19th meeting of the Conference of the Parties (CoP) relevant decisions. |
Council of the European Union |
16/06/2023 |
A background brief about the Environmental Council meeting which took place in Luxembourg on 20 June 2023.
EU environment ministers will seek and debate:
Spain will present its work programme as incoming Presidency. |