Chemicals | Monthly bulletin | December 2023

Eurofins newsflash Chemical

Europe

Toxic chemicals present in childcare products

On the 8^th November 2023, the European Chemicals Agency (ECHA) published a news article which explains the results about ECHA’s investigation into toxic chemicals present in childcare products. This investigation found that substances such as cobalt and lead, along with phthalates like DEHP, are the most common CMR substances present in childcare product such as car seats, bibs, products related to toiletries, and bedding and mattresses. For this reason, ECHA’s report provides elements to support the European Commission in the preparation of a restriction proposal for the use and presence of hazardous chemicals in childcare products based on article 68 of REACH.

For more information, consult the ECHA official publication here.

Recent publications 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
25/10/2023	The European Chemicals Agency (ECHA) publisheda rReport on the operation of the Prior Informed Consent (PIC) Regulation 2023	For more information, consult the ECHA’s website here.
30/10/2023	Publication of a report from the Commission to the European Parliament and the Council on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants.	For more information, consult the official publication here.
02/11/2023	The ECHA published all 5 642 contributions received from the public to the proposal to restrict per- and polyfluoroalkyl substances (PFAS) in the EEA.	For more information, consult the 123 word files in ECHA’s website here.
08/11/2023	The ECHA ‘s Enforcement Forum has published its advice on the enforceability of the proposed PFAS restriction prepared by five national authorities.	For more information, consult the ECHA’s website here.
15/11/2023	The ECHA has published a new report on ‘Key areas of regulatory challenge 2023’ that identifies areas where research is needed to protect people and the environment from hazardous chemicals.	For more information, consult the ECHA’s website here.

Other interesting links about REACH from the ECHA’s website

Interesting links about CLP on the ECHA’s website

European Initiatives publication related to chemicals

The table below summarises the recent European initiatives publications regarding chemicals by the European Commission:

Date	Title
25/10/2023	Electrical equipment – lead and cadmium in recovered polyvinyl chloride in electric doors and windows (RoHS exemption)

Standard updates

The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):

(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

Reference	Title	*Date of withdrawal ()**	Supersedes
EN ISO 24187:2023	Principles for the analysis of microplastics present in the environment (ISO 24187:2023)	2024-03-31

California adds three carcinogens to Proposition 65 List of Chemicals

On the 17^th November 2023, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced the addition of coal-tar pitch, fluoro-edenite fibrous amphibole, and silicon carbide whiskers to the list of chemicals known to the State of California to cause cancer under Proposition 65. Products containing the three newly listed chemicals will require a Proposition 65 warning starting from the 17^th November 2024.

Table 1:

Chemicals	Listed as causing	Date of listing	Basis for listing
Coal-tar pitch	Cancer	November 17, 2023	Labor Code-International Agency for Research on Cancer
Fluoro-edenite fibrous amphibole	Cancer	November 17, 2023	Labor Code-International Agency for Research on Cancer
Silicon carbide whiskers	Cancer	November 17, 2023	Labor Code-International Agency for Research on Cancer

For more information, consult the OEHHA official publication here.

International

Regulatory proposals notified to the WTO

The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):

Notification number

Countries

Title

G/TBT/N/CHE/283

Switzerland

Draft Ordinance of the Federal Office for the Environment concerning amendments to annexes 1.17, 2.16, and 2.18 of the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (Chemical Risk Reduction Ordinance, ORRChem, Fedlaw number: SR 814.8

The draft proposes to include five additional substances in

that Annex 1.17 of the ORRChem.

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
French Ministry of Ecological Transition	18/10/2023	Frequently Asked Questions (FAQ) Decree in the Council of State relating to consumer information on the environmental qualities and characteristics of products generating waste in application of article 13-I of the AGEC law
French Ministry of Ecological Transition	18/10/2023	Order of October 12, 2023 laying down specifications for approval of eco-organizations, individual systems and coordinating organizations of the sector with extended responsibility for the producer of furnishing elements designated in article R. 543-240 of the code of the environment It approvals specifications for eco-organizations, individual systems and coordinating organisations of the extended producer responsibility sector, applicable to furnishing elements whether intended for use by individuals or professionals. the Order comes into force on 1^st January 2024.
European Commission	19/10/2023	Drinking water - establishing the European positive lists of starting substances, compositions, and constituents It establishes the European positive lists of substances, compositions and constituents that can be used in the manufacture of such final materials/products.
European Commission	19/10/2023	Drinking water – procedure and methodologies for testing and accepting final materials It sets out the methodologies for testing and accepting the final materials that are used in such products. Only tested and accepted final materials can be use in products that come into contact with drinking water.
European Commission	26/10/2023	Report from the commission to the european parliament and the council circularity of mineral and synthetic lubrication and industrial waste oil management in the EU This report draws from three extensive studies by the Commission carried out between the years 2019 and 2023 and presents the results of the data analysis and the assessment done on the management of mineral and synthetic lubrication and industrial waste oils in the EU. The aim is to consider the feasibility of adopting measures to further improve the treatment of waste oils, including quantitative targets on the collection and the regeneration of waste oils.
European Commission	27/10/2023	Air pollutant emission projections – update of the reporting template to be used by EU Member States This ensures that Member States use the same template for reporting under the Directive and the Air Convention, in line with efforts under the Green Deal and the Zero Pollution action plan to reduce air pollution and streamline data gathering.
French Ministry of Ecological Transition	06/11/2023	Info-tri information for the consumer and for professionals General information about the info-tri so that consumers can understand the new indications found on the packaging of the products and on the products.
European Commission	07/11/2023	Waste treatment – Amendment to the European List of Waste to address waste batteries and wastes from treating them Its aim is to improve the identification, monitoring and traceability of the different waste streams and clarify their status as hazardous/non-hazardous waste.
French Ministry of Ecological Transition	17/11/2023	Framework for environmental claims and consumer information on products In order to provide the consumer with clearer, more understandable and more sincere information on the “environmental qualities and characteristics of products generating waste”, article 13 I of the law relating to the fight against waste and the circular economy of February 10, 2020 (AGEC) plans to harmonize, regulate and specify, in substance and in the manner of presenting them, a certain number of environmental claims which can be found in this link here.