Chemicals | Monthly bulletin | April 2024

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Europe

Next step for PFAS restriction proposal

On the 13^th March 2024, European Chemical Agency (ECHA) indicated the next step in the process for the PFAS restriction.

The next step dictates that the Agency’s scientific committees for Risk Assessment (RAC) and for Socio-Economic Analysis (SEAC) evaluate the proposed restriction and the comments received. In parallel, the five national authorities that prepared the proposal are updating their initial report to address the consultation comments to be assessed by RAC and SEAC.

In the next three committee meetings, the following points will be discussed:

March 2024 meetings:
- Consumer mixtures, cosmetics and ski wax;
- Hazards of PFAS (only by RAC); and
- General approach (only by SEAC).
June 2024 meetings:
- Metal plating and manufacture of metal products; and
- Additional discussion on hazards (only by RAC).
September 2024 meetings:
- Textiles, upholstery, leather, apparel, carpets (TULAC);
- Food contact materials and packaging; and
- Petroleum and mining.

For further information, consult the ECHA website here.

Recent publications on 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
27/02/2024	In 2023, the ECHA conducted 301 compliance checks and sent 251 adopted decisions to companies, requesting additional data to clarify the long-term effects of chemicals on human health or the environment. The ECHA will now place more focus on following up on the requests sent to companies. In addition, this year, it will review the impact of the Joint Evaluation Action Plan, aimed at improving compliance with REACH registrations.	For more information, consult the ECHA’s website here.
01/03/2024	The following two substances are subject to consultation regarding being added to the SVHC list: Bis(α,α-dimethylbenzyl) peroxide (201-279-3/80-43-3) Triphenyl phosphate (204-112-2/115-86-6) The ECHA can receive public comments until 15^th of March 2024.	For more information, consult the ECHA’s website here.
13/03/2024	The ECHA is reviewing existing restriction entries and carrying out preparatory work for the possible submission of Annex XV restriction proposals for the following substances: Formaldehyde and formaldehyde releasers Aromatic brominated substances Chromium trioxide, acids generated from chromium trioxide and their oligomers	For more information, consult the ECHA’s website here.
13/03/2024	The ECHA has initiated consultation on a draft risk management evaluation for Chlorpyrifos to be listed as POPs under the Stockholm Convention.	For more information, consult the ECHA’s website here.
19/03/2024	The ECHA has published a Community Rolling Action Plan (CoRAP) update for the years 2024, 2025 and 2026. Evaluation is planned for ten substances in 2024, while a further 18 are listed for evaluation in 2025 and 2026.	For more information, consult the ECHA’s website here.

Other interesting resources on REACH on the ECHA’s website

Recent publications regarding CLP Regulation

The following table provides a non-exhaustive summary of recent updates regarding CLP Regulation (EC) No 1272/2008:

Summary of the most recent updates
Date	Subject	Link
23/02/2024	Publication of amendments adopted by the European Parliament on 4^th October 2023 on the proposal for a regulation from the European Parliament and of the Council amending Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures.	For more information, consult the European Commission publication here.

Other interesting resources on CLP on the ECHA’s website

Publications on European Commission RoHS initiatives

The table below summarises recent publications on European Commission initiatives regarding RoHS:

Date	Title
01/03/2024	Hazardous substances – exemption for lead in high melting temperature type solders Under EU rules (RoHS Directive), an exemption for lead in high melting temperature type solders used in electrical and electronic equipment is being assessed.
01/03/2024	Hazardous substances – exemption for lead in glass or in ceramic of electrical and electronic components Under EU rules (RoHS Directive), an exemption for lead in glass or in ceramic within electrical or electronic components, including dielectric ceramic in capacitors, is being assessed.
01/03/2024	Hazardous substances – exemption for lead as an alloying element in steel, aluminium and copper Under EU rules (RoHS Directive), an exemption for lead as an alloying element in steel, aluminium and copper, which are used to manufacture electrical and electronic equipment, is being assessed.
13/03/2024	Hazardous substances in electrical and electronic equipment – exemption for cadmium in quantum dots for LED applications. The European commission adopted the draft delegated directive C(2024)1573. The direction is now pending publication in the Official European journal.

European Parliament approves the proposed amendment to EU Detergent Regulation

On the 27^th of February 2024, the European Parliament voted in favour of refreshing the existing regulation on detergents. The aim is that consumers shall have access to information about all ingredients with clear indication of allergenic or hazardous substances on the packaging.

Other pending amendments are the gradually phasing out of phosphorus for consumer detergents and detergents for industrial applications towards a further reduction of hazardous substances for consumer health and the environment.

One of the main aims of these changes is to ensure that users are well informed and can thus make more sustainable purchases.

For more information, consult the European Parliament website here.

Technical publication related to microplastics and chemical substances

The below table outlines recent publications related to microplastics and chemical substances:

Date	Entity	Publication
22/01/2024	ANSES (French National Health Security Agency for food, environment and work)	Opinion on the evaluation of substances included in the ANSES 2021 work programme as part of the second national strategy on endocrine disruptors (SNPE2): Melamine (CAS no.: 108-78-1)
01/02/2024	Cosmetic Europe	CE/EFfCI Guidance on the EU Microplastics Restriction
01/02/2024	ANSES (French National Health Security Agency for food, environment and work)	PARC: developing new methods for testing the toxicity of chemicals The European Partnership for the Assessment of Risks from Chemicals (PARC) is to develop alternatives to animal testing for assessing the hazards and risks of substances.
15/03/2024	ANSES (French National Health Security Agency for food, environment and work)	ANSES is proposing a harmonised classification under the European CLP Regulation for two diphenylamines: BNPA and Benzenamine, N-phenyl-, reaction products with 2,4,4-trimethylpentene. Used in industrial settings as well as by professionals and private individuals, these substances are found in plastics, among other materials. These diphenylamines are toxic to aquatic organisms and can damage human fertility and development.

UK REACH priorities for 2023-24

On the 15^th of February 2024, the UK Department for Environmental Food & Rural Affairs (DEFRA) published its rationale for substances prioritised by the UK REACH work programme: 2023 to 2024.

Below are the above-mentioned priorities:

Per- and polyfluoroalkyl substances (PFAS) – (a) start preparing a restriction dossier on PFAS in fire-fighting foams (FFFs); and (b) assess potential additional restrictions on further wide dispersive uses of PFAS and PFAS likely to be released from consumer articles.
Formaldehyde and formaldehyde releasers in articles – continue the RMOA initiated under the 2022-23 work programme and consider its recommendations.
Bisphenols in thermal paper – continue the RMOA initiated under the 2022-23 work programme and consider its recommendations.
Hazardous flame retardants – further develop the risk assessment on flame retardants and consider the recommendations on completion.
Intentionally added microplastics – monitor progress of the evidence project initiated and commissioned under the 2022-23 work programme.

The below proposals were not considered a priority for the 2023-24 period:

Workplace exposure limits for five cobalt salts
Workplace exposure limits for dimethylformamide
Restriction of polycyclic aromatic hydrocarbons (PAHs) in rubber crumb used for synthetic sports pitches
Restriction of lead compounds in polyvinyl chloride (PVC)
Restriction of skin sensitisers in clothing and related articles
Restriction of hazardous substances in disposable nappies
Hazardous substances in period products
Restriction of the manufacture, use and placing on the market of Dechlorane Plus™
Restriction of the use of D4, D5 and D6 in wash-off and leave-on cosmetics
Restriction of placing on the market, or use as a substance in articles, of 2,4-dinitrotoluene
Restriction of the use of lead in fishing weights
Restriction of the use of calcium cyanamide in fertilisers
Reuse of creosote-treated wood
PAHs in clay targets
N,N-Dimethylacetamide and 1-ethyl-2-pyrrolidone

For more information about all these points, please consult the GOV.UK website here.

Sustainability, circular economy and environment

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
Ecoembes (eco-organisation for packaging in Spain)	2024	ECOMODULATION GUIDE 2024: Technical and economic model for rate ecomodulation by Ecoembes. The new ecomodulation guidelines laid out in Royal Decree 1055/2022 aim to promote lighter packaging with a higher degree of recyclability and which incorporates post-consumer secondary raw materials. A bonus will aplied if packagings are easy to do selection, recycling an incorporates recycled raw material in the cost rate for managing domestic packaging waste. Those that do not do this, they will incur a penalty.
Re-Fashion (eco-organisation for textiles in France)	2024	Guide des Éco-Modulations 2024 To encourage and reward eco-design approaches, Re-fashion has implemented eco-modulations. These designate the bonuses and penalties mentioned in article L.541-10-3 of the environmental code.
Ecomaison (eco-organisation for Toys, DIY/Garden Items, furniture and building materials in France).	27/02/2024	Eco-modulation: a new tool to encourage repairability Eco-modulation on spare parts in DIY and garden items and in toy items came into force on January 1, 2024. Its aim is to facilitate the adoption of practices which will promote the repairability of objects placed on the market to increase the lifespan of these products.
French Ministry of Ecological Transition	01/02/2024	Decree No. 2024-60 of January 31, 2024 modifies the date of entry into force of articles 7 to 11 of Decree no. 2023-1394 of December 30, 2023 taken pursuant to Order no. 2023-1142 of December 6, 2023 relating to the publication and certification of information on sustainability and the environmental, social and corporate governance obligations of commercial companies to February 1, 2024.
French Ministry of Ecological Transition	21/02/2024	Decree No. 2024-123 of February 20, 2024 relates to funds dedicated to financing the repair of products falling under the principle of extended producer responsibility. The decree modifies the provisions for the environmental code for funds dedicated to financing repairs. The products affected are: Electrical and electronic equipment Furnishing elements, upholstered seating or sleeping products, and textile decorative elements Textile clothing products, shoes and new household linen Toys Sports items and leisure items DIY and garden items The decree also modifies provisions for contract between the eco-organisations and the distributors concerned, so that these distributors promote the bonuses paid within the framework of this fund for the products the funds concern. The decree comes into force on July 1, 2024.
French Ministry of Ecological Transition	23/02/2024	Decree No. 2024-134 of February 21, 2024 repeals decree no. 2021-254 of March 9, 2021 and modifies the list of products covered as well as, for each of them, the minimum share of acquisitions which must come from the reuse, reuse or recycling sectors. The decree also sets a multi-year progression of these percentages until 2030. These acquisitions can be carried out via a public purchase as a main or secondary purpose. The decree also provides the possibility of counting donations. Finally, it includes single-use plastic trash bags on the list of products that may be subject to an exemption from the State's ban on the acquisition of single-use plastic products. The text comes into force on July 1, 2024.
French Ministry of Ecological Transition	29/02/2024	Order of February 29, 2024 specifies the list of products falling under each product category that is subject to the obligation to acquire goods resulting from reuse or repurposing or which incorporate recycled materials under the application of article 58 of law no. 2020-105 of February 10, 2020, relating to the fight against waste and the circular economy, as provided for by article 2 of decree no. 2024-134 on the obligation to acquire goods through public procurement resulting from reuse or re-use or which incorporate recycled materials and the ban on acquisition by the State of single-use plastic products, taken in application of this article. The text comes into force on July 1, 2024.
French Ministry of Ecological Transition	29/02/2024	Order of February 29, 2024 sets the fixed value grid allowing the accounting of donations acquired pursuant to article 58 of Law No. 2020-105 of February 10, 2020 relating to the fight against waste and the circular economy, as provided for in Article 2 of Decree No. 2024-134 relating to the obligation to acquire through public procurement goods resulting from reuse or repurposing or incorporating recycled materials and the prohibition of acquisition by the State of single-use plastic products, taken in application of this article. The text comes into force on July 1, 2024.
European Council	04/03/2024	E-waste: Council adopts amendments to clarify who pays for management costs The European Council adopted amendments to the EU law on waste from electrical and electronic equipment (WEEE) which includes a range of products such as computers, fridges and photovoltaic panels.
European Council	05/03/2024	Council and Parliament strike a deal to ban products made with forced labour
European Commission	06/03/2024	Directive (EU) 2024/825 from the European Parliament and the European Council of 28 February 2024 amends Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information.
European Parliament	07/03/2024	Pollution: MEPs to vote on deal with Council to reduce industrial emissions The provisional political agreement between the European Parliament and Council on the revised Industrial Emission Directive (IED) and the new regulation on the Industrial Emissions Portal, on which MEPs will hold a final vote on Tuesday, will make it mandatory to set the strictest achievable emissions levels for the sectors covered therein.
European Parliament	07/03/2024	Artificial Intelligence Act: Parliament to adopt landmark law MEPs will vote on new rules to ensure artificial intelligence is trustworthy, safe and respects EU fundamental rights, while supporting innovation.
European Parliament	07/03/2024	EP to adopt position on textiles and food waste reduction MEPs will adopt their proposals to prevent and reduce waste from food and textiles across the EU.
European Parliament	10/03/2024	Green claims: protecting consumers from being misled MEPs will adopt their position on new rules to verify and pre-approve green marketing claims to protect consumers from misleading ads.
UK Department for Environment, Food and Rural Affairs	12/03/2024	The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 (S.I. 2024 No. 359) These Regulations amend the Packaging Waste (Data Reporting) (England) Regulations 2023 (S.I. 2023/219) (the “principal Regulations”) to revise the definition of “household packaging”, and clarify the division of responsibilities between brand owners, packers/fillers, importers and first UK owners, and distributors, to require the Environment Agency to publish a list of large producers, and to make other amendments.
European Council	13/03/2024	Council and Parliament strike a deal to expand the use of digital tools in EU company law
French Ministry of Ecological Transition	14/03/2024	Order of March 11, 2024 approves an eco-organisation, CITEO PRO, in the extended responsibility sector of the producer of packaging used to market products consumed or used by professionals with a catering activity.
European Council	15/03/2024	Packaging: Council and Parliament strike a deal to make packaging more sustainable and reduce packaging waste in the EU. The European Council and the European Parliament’s representatives reached a provisional political agreement on a proposal for a regulation on packaging and packaging waste. The aim is to tackle the increase in packaging waste generated in the EU, while harmonising the internal market for packaging and boosting the circular economy.
European Commission	19/03/2024	Directive (EU) 2024/884 of the European Parliament and of the Council of 13 March 2024 amends Directive 2012/19/EU on waste electrical and electronic equipment (WEEE). Unsound treatment of waste from photovoltaic panels and of waste from open scope EEE leads to significant adverse impacts on health and the environment. It is therefore important to ensure proper treatment of waste from photovoltaic panels and to maximise the recovery of waste from photovoltaic panels.