Chemicals | Monthly bulletin | March 2020
Recent Updates Regarding REACH
The below table showcases a summary of the most recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:
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Summary of the Most Recent Updates |
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Date |
Subject |
Link |
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15-01-2020 |
The call for comments and evidence on substances in single-use nappies has been opened
This call is intended to gather information on the use of certain chemicals identified as being a concern when used in single-use baby nappies. The information gathered will be used to assess the risk on an EU-wide basis and assess the socio-economic impacts of the proposed restriction. The aim is the preparation of an Annex XV restriction dossier |
For more information, visit the ECHA’s website here |
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21-01-2020 |
ECHA’s restriction proposal on tattoo inks and permanent make up has been subject a consultation and scrutinised by scientific committees. The proposal restricts over 4 000 substances, some of which are already restricted under the EU’s Cosmetic Products Regulation. A two-year transitional period for Pigment Blue 15 and Pigment Green 7 is recommended, before being banning
The commission is presenting a draft restriction for discussion with EU member states in February |
For more information, visit the ECHA’s website here |
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07-02-2020 |
COMMISSION REGULATION (EU) 2020/171 of 6 February 2020 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) |
The official publication can be found here |
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15-02-2020 |
REACH restrictions applicable in 2020:
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For more information, visit the ECHA’s website here
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The below table includes a summary of the most recent updates (non-exhaustive) regarding CLP Regulation (EC) No 1272/2008:
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Summary of the Most Recent Update |
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Date |
Subject |
Link |
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03-02-2020 |
Harmonised classification and labelling consultations of:
The deadline is the 3rd April 2020 |
Harmonised classification and labelling consultations can be viewed here |
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11-02-2020 |
Intended proposal to harmonise the classification and labelling of:
A proposal has been submitted for:
A proposal has been withdrawn for:
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Registry of CLH intentions until outcome can be viewed here
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15-02-2020 |
Harmonised classification and labelling targeted consultations in relation to:
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Harmonised classification and labelling targeted consultations can be viewed here |
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18-02-2020 |
Commission Delegated Regulation (EU) 2020/217 of 4 October 2019 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures and correcting that Regulation
The main point of this Regulation is Annex I, which indicates that mixtures that contain 1% or more of titanium dioxide particles with an aerodynamic diameter equal to or below 10 μm, shall require the following statement in labels and packaging:
EUH211: ‘Warning! Hazardous respirable droplets may be formed when sprayed. Do not breathe spray or mist.’
The label on the packaging of solid mixtures containing 1% or more of titanium dioxide shall bear the following statement:
EUH212: ‘Warning! Hazardous respirable dust may be formed when used. Do not breathe dust.’
In addition, the label on the packaging of liquid and solid mixtures not intended for the general public and not classified as hazardous which are labelled with EUH211 or EUH212, shall bear statement EUH210
It will enter into force after 20 days, and harmonised classifications will apply from September 9, 2021 |
Click here to get the official publication with reference C/2019/7227 |
Recent publications by the European Commission
The below table summarises the recent publications made by the Official Journal of the European Union:
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Date |
Reference |
Title |
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30-01-2020 |
Decision of the EEA Joint Committee No 52/2018 of 23 March 2018 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/69] |
Recent publications by the European Union on Flame Retardants
On 28th November 2019, the European Union published a letter which indicates the withdrawal of specific exemptions for recycling of articles that contain or may contain brominated flame retardants such as tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether and heptabromodiphenyl ether under Stockholm Convention.
For more information, click here to read the official letter.
R-nano: Study report 2018
In December 2019, The Ministry for the Ecological and Inclusive Transition published the Elements from the declarations of substances in nanoparticulate state - Study report 2018.
This document constitutes the sixth annual report on the elements resulting from the declarations of substances in nanoparticulate state, deposited in the national register r-nano.
The official publication can be found here.
Fluorinated gases and ozone-depleting substances for transition period
On 6th February 2020, UK authorities published information on compliance with upcoming regulation, from 1st of January 2021, on fluorinated gas (F gas) and ozone-depleting substances (ODS). F gas regulation will remain the same during the transition period and as such you must continue to implement all regulatory requirements in place pre 31st January 2020.
For further information about the transition period, click here to visit the GOV.UK website.
For further information about from 1 January 2021, click here to visit the GOV.UK website.
Public consultation to clarify Proposition 65
On 31st January 2020, California’s Office of Environmental Health Hazard Assessment (OEHHA) opened a public consultation in relation to proposed amendments to its Proposition 65 with the aim of clarifying ambiguities in Article 6 of the warning regulation. Comments can be submitted until 16th March 2020.
For further information, click here to visit the OEHHA’s website.
New York Passes Toxic Chemicals in Children's Products Law
On 7th February 2020, the New York governor signed Assembly Bill A06296A into law to regulate toxic chemicals in children's products, which will come into effect as of 1st March 2020.
As issued in our newsflash last June, no later than twelve months after a dangerous chemical appears on a published list, manufacturers who offer a children's product for sale or distribution in the State of New York that contains a dangerous chemical or chemical of concern are required to report such chemical use at practical quantification limits to the Department of Environmental Conservation.
Children’s products containing the following dangerous chemicals will be prohibited from 1st January 2023:
- Tris(1,3-dichloro-2-propyl) phosphate
- Benzene
- Formaldehyde(other than in textiles)
- Asbestos
- Organohalogen flame retardants
Please click here for more information.
Maine Revised Draft Rule to Designate PFOS and its Salts as Priority Chemicals
Recently the Maine Department published a revised draft rule to Chapter 890 to designate perfluorooctane sulfonic acid ("PFOS") and its salts as priority chemicals and certain children’s products which contain these regulated chemicals must be reported.
As a follow on from the former draft rule, as issued in our Newsflash last May, this proposal applies to manufacturers or distributors who offer for sale certain children’s products in the State of Maine containing intentionally added amounts of PFOS or its salts.
Comments can be submitted by 9th March 2020.
Please click here for more information.
Regulatory proposals notified to WTO
Please see the below table summarising the most recent notifications made to the World Trade Organization (non-exhaustive):
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Notification number / Link |
Country |
Title |
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US |
Significant New Use Rules on Certain Chemical Substances (20-1.B)
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons do not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and the EPA has conducted a review of the notice, made an appropriate determination on the notice under TSCA, and undertaken any risk management actions as are required as a result of that determination |
As a reminder, below is a summary table of the standards and legislation that will come into effect within the next six months and which will require application:
- Legislation:
Manufacturers and importers should carefully consider these upcoming application dates and confirm that their products comply with these restrictions: -
- Europe:
Commission Regulation (EU) 2017/1000 of 13 June 2017 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards perfluorooctanoic acid (PFOA), its salts and PFOA-related substances
Brief:
According to Entry 68 of Annex XVII to REACH, shall not, from 4th July 2020, be used in the production of, or placed on the market in an article, in a concentration equal to or above 25 ppb of PFOA including its salts or 1000 ppb of one or a combination of PFOA-related substances. This shall not apply to: (a) perfluorooctane sulfonic acid and its derivatives, which are listed in Part A of Annex I to POP Regulation
- Europe:
