Chemicals | Monthly bulletin | April 2022

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Europe

REACH news- Corrigendum to REACH Annex XVII Entry 68

On 10^th March 2022, the European Union (EU) issued the following: Corrigendum to Commission Regulation (EU) 2021/1297 of 4 August 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-C14 PFCAs), their salts and C9-C14 PFCA-related substances.

The corresponding time node has been revised, in paragraph 10 of the table in the entry 68 on the page 33, ‘From 25 August 2024, the concentration limit shall be 100 ppb for the sum of C9-C14 PFCAs, in fluoroplastics and fluoroelastomers that contain perfluoroalkoxy groups.’ was replaced with ‘From 26 August 2024, the concentration limit shall be 100 ppb for the sum of C9-C14 PFCAs in fluoroplastics and fluoroelastomers that contain perfluoroalkoxy groups.’

REACH-EN-FORCE -10: Operational phase for consumer products

In 2020, The Enforcement Forum agreed that the enforcement project planned for 2022 (REF-10) would focus not only on checks related to articles, but also to mixtures.

Inspectors will check that the products comply with restrictions for selected hazardous substances under REACH and restrictions for the presence of persistent organic pollutants defined under the POPs Regulation. Another point which will be checked is the correct communication in the supply chain about hazardous substances contained in articles or mixtures.

Specific types of materials, such as rubber, plastic or textiles, in articles can be controlled for several REACH or POPs requirements, which will broaden the scope of controls and strengthen the protection of EU citizens and the environment. The inspections are being conducted in 2022 and the report is expected at the end of 2023.

For mixtures, the inspections will focus on the classification of detergents and cleaning.

Recent updates regarding REACH

The below table gives a summary of some recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:

Summary of the Most Recent Updates
Date	Subject	Link
16/02/2022	The European Commission has published the summary of the REACH Committee meeting.	For more information, consult the European commission website here.
23/02/2022	Proposal to ban ‘forever chemicals’ in firefighting foams throughout the EU.	For more information, consult the ECHA website here.
28/02/2022	Commission Implementing Decision (EU) 2022/326 of 24 February 2022 amending Implementing Decision (EU) 2019/961 authorising a provisional measure taken by the French Republic in accordance with Article 129 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) to restrict the use and the placing on the market of certain wood treated with creosote and other creosote-related substances.	For more information, consult the European commission website here.
04/03/2022	Consultation of the 27^th update of the REACH Candidate List: N-(hydroxymethyl)acrylamide (CAS number 924-42-5; EC number 213-103-2) The public consultation will end on 19^th April 2022.	For more information, consult the ECHA website here.
02/03/2022	Impacts of REACH authorisation of trichloroethylene This report takes a detailed look at the impact of REACH authorisation on trichloroethylene (TCE), arising from its inclusion in the Candidate List in 2010 until January 2022. The need to obtain authorisation has significantly reduced the use of TCE. The annual use of TCE in the EU has dropped more than 95% in the past 12 years.	For more information, consult the ECHA website here.
02/03/2022	Publication of nanopinions: Are nanoplastics hazardous? What is the way forward to overcome the uncertainties of risk assessment?	For more information, consult the EUON website here.
16/03/2022	Publication of Mapping of potentially harmful chemicals on target to meet 2027 goal.	For more information, consult the ECHA website here.

Other interesting links about REACH from ECHA’s website

Other interesting links about CLP from ECHA’s website

Regulatory proposals notified

The table below summarises recent regulatory proposals made to the European Commission (Non-exhaustive):

Countries

Notification number

Title

Denmark

2022/109/DK

Order on e-labelling of pre-packaged products.

The rules are newly issued pursuant to Act No 799 of 2020 on products and market surveillance with a view to harmonising product rules under this Act.

Technical and Official publications

Below table includes some recent publications related to Chemicals:

Entity	Date	Publication
European Commission	10/03/2022	European Published initiative: Chemicals regulation - update of EU rules for test methods One of its accompanying acts of The EU’s REACH regulation – Regulation 440/2008 – lists the approved methods for testing chemicals. This initiative will add a number of new/updated methods to that list, which have the potential to reduce the amount of animal testing using chemicals.
ANSES (Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail) (France)	11/02/2022	Encouraging formaldehyde substitution in several occupational sectors
Ministry of ecological transition (France)	04/02/2022	Notice to economic operators on the obligation to communicate information on substances contained in articles, pursuant to Articles 7.2 and 33 of Regulation (EC) No 1907/2006 REACH was published.
ANSES (Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail) (France)	31/01/2022	Publication of the opinion relating to the expert appraisal work carried out in 2021 by the Agency concerning: classification activities on chemical substances governed by the REACH regulation within the framework of EC regulation n°1272/2008 relating to the classification, labeling and packaging of substances and mixtures, known as the “CLP” regulation.
European Food Safety Authority (EFSA)	17/12/2021	Guidance Document on Scientific criteria for grouping chemicals into assessment groups for human risk assessment of combined exposure to multiple chemicals

Recent updates regarding UK REACH and GB CLP

The below table gives a summary of the most recent updates (non-exhaustive) regarding UK REACH and GB CLP:

Summary of the Most Recent Updates
Date	Subject	Link
01/03/2022	Updating the GB mandatory classification and labelling list (GB MCL List).	HSE GB CLP publication table can be consulted here.

Switzerland

Closer to European chemicals legislation

On 1^st February 2022, several amendments related to substances and mixtures entered into force, with the aim of aligning Swiss legislation with Chemical European legislation (REACH). Below a summary table with the main takeaways from these amendments:

Publication date	Title	Amendments
01/01/2022	RO 2022 1 Ordinance on the reduction of risks associated with the use of particularly dangerous substances, preparations and objects (Ordinance on the reduction of risks associated with chemical products, ORRChim) FR, DE, IT	Adoption of the list of CMR category 1A or 1B substances in Regulation (EU) 2021/2204 Compliance date: 01/03/2022 - the list of 17 CMR substances indicated in this amendment 17/12/2022 – the rest of CMR substances in reference of European Regulation (EU) Nº 2021/2204
31/12/2021	RO 2021 927 Ordinance on Protection against Dangerous Substances and Preparations (Chemicals Ordinance, OChim) FR, DE, IT	It expands the number of Candidate List SVHCs from 211 to 219 (FR, DE, IT).
Note: For more information, please consult the official publication on Swiss chemical Ordinances below: The Ordinance on the reduction of risks related to chemicals (ORRChim 814.81) (FR, DE, IT) The Chemicals Ordinance (ChemO 813.11) (FR, DE, IT)

TSCA PIP (3:1) - EPA further extends the compliance date

In March 2022, the USA Environmental Protection Agency (US EPA) issued a final rule to further extend the compliance date applicable to the prohibition on processing and distribution in commerce of certain PIP (3:1) containing articles, and the PIP (3:1) used to make those articles, until October 31, 2024.

This final rule has been effective since 8^th March, 2022.

For more information, click here.

Listed PFOA as chemical that causes cancer under California proposition 65

On 25^th February 2022, Perfluorooctanoic acid (PFOA) (CAS RN 335-67-1) has been added to the list of chemicals known to the State of California to cause cancer (California Proposition 65) by The Office of Environmental Health Hazard Assessment (OEHHA).

Businesses have a timeframe to accommodate the requirements of Prop 65: 12 months for articles (clear and reasonable warning before exposure) and 20 months for the prohibition from discharging into sources of drinking water.

For more information, consult the official publication here.

Thailand

Proposal to add PFOA under Hazardous Substances Act

On 9^th February 2022, the Department of Industrial Works of the Ministry of Industry in Thailand issued a draft related to The Stockholm Convention on Persistent Organic Pollutants (POPs) and, more specifically, on perfluorooctanoic acid (PFOA), its salts.

These substances have been added to Annex A of POPs and Thailand, as a member state of the Stockholm Convention, must operate in compliance with the requirements to control substances.

The purpose of this is an addition of perfluorooctanoic acid (PFOA) to the list of hazardous substances under Hazardous Substance Act B.E. 2535 (1992) through a public hearing process.

Consult the official publication here (in Thai).

Canada

Public consultation related to mandatory labelling for chemicals in consumer products

On 4^th March 2022, the Government of Canada opened public consultations on Supply chain transparency and consumer product labelling.

Environment and Climate Change Canada and Health Canada have launched these consultations on improved and mandatory labelling for certain consumer products, such as cosmetics, cleaning products, and flame retardants in upholstered furniture.

This initiative intends to help identify how to address both the growing public demand for readily accessible information on chemicals in consumer products and the need for better ingredient disclosure to enable the informed substitution of toxic chemicals with safer alternatives. Another point to be reviewed in this consultation is how information on chemical ingredients in various consumer products should be disclosed, for example, through labelling or via links to online information.

By spring 2023, the Government will bring forward options to require mandatory labelling of certain products.

The public consultation was closed on April 1, 2022.

For more information, consult the Government Canada website here.