Consumer Products | Monthly bulletin | April 2024
Chemical | Cosmetics & Personal Care | Softlines & Leather |
Toys, Childcare & Hardlines | Personal Protective Equipment
Europe
Next step for PFAS restriction proposal
On the 13th 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:
The ECHA can receive public comments until 15th 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:
|
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
- 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
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 4th 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
- Registry of CLH intentions until outcome - ECHA (europa.eu)
- Harmonised classification and labelling consultations - ECHA (europa.eu)
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 |
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 27th 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
UK REACH priorities for 2023-24
On the 15th 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:
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 |
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. |
Cosmetics & Personal Care
5G: A new component of the skin exposome?
The “skin exposome” is a concept initiated by Prof. Krutmann in 2017. It refers to the several environmental factors responsible for major disruptions in the skin's homeostasis, thereby contributing to the acceleration of skin ageing. These factors include diet, sleep, stress, smoking, pollution and solar irradiation. A great deal of research has led to a better understanding of the mechanisms involved in the skin's response to these different factors. Although extremely comprehensive and finely detailed, the list of elements making up the exposome needs updating. Today, we live in the digital era and are exposed daily to an "electromagnetic fog" that is becoming ever denser with the roll-out of 5G.
This is why, as part of an in-house research project, Eurofins Cosmetics and Personal Care has studied the impact of 5G radiation on human skin explants ex vivo. An approach combining transcriptomic and microscopic analysis showed that 5G irradiation (6 GHz) impacts skin barrier function, in particular by reducing filaggrin expression. An increase in inflammation (IL-1 alpha) and oxidative stress (HO-1 and COX-2) was also observed upon this electromagnetic stress.
These preliminary results confirm the importance of better characterising the impact of electromagnetic waves on the skin and open up new horizons for the development of active ingredients and cosmetic products in line with consumer expectations in terms of protection.
Scalp ageing: Eurofins C&PC revolutionises efficacy testing for anti-ageing products
With the continuous improvement of economic living standards, there is an increasing focus on combating ageing and enhancing beauty. The process of ageing, influenced by age progression and various external factors, gradually affects the body, with many signs of ageing becoming evident in the skin and hair. While most consumers possess a certain understanding of skin ageing and utilise anti-ageing products for prolonged periods, their awareness and attention towards the scalp, which serves as the foundation for hair growth – and comprises two-thirds of the head and facial skin area, remains relatively low.
Eurofins Cosmetics & Personal Care has introduced a novel testing protocol aimed at providing cosmetic companies with an optimal approach to assess the efficacy of products designed for anti-ageing treatments targeting the scalp, such as: scalp redness improvement, hair growth improvement...
The protocol primarily employs clinical grading and instrumental evaluations to gauge the anti-ageing effectiveness of the product, categorising diverse dimensions of anti-ageing claims based on product mechanisms, and offering varied evaluation schemes tailored to different hair and scalp regions.
In addition to clinical grading and instrumental evaluations, the efficacy of products can also be evaluated through image analysis and consumer questionnaires to assess improvements in the overall degree of ageing of the scalp or hair.
Non-compliant products: Eurofins C&PC strengthens your cosmetics compliance process
In 2023, 2,091 cosmetics products were subject to European Union (EU) prohibition or recall measures notified by Safety Gate, the EU's rapid alert system for dangerous non-food products. The risks identified were mainly of a chemical nature: for example, the presence of recently banned ingredients such as Lilial and HAA299, as well as hydroquinone, formaldehyde, methylchloroisothiazolinone (MCI) and methylisothiazolinone (MI). There were also instances of non-conformity concerning cyclic silicones (D4), which also have an environmental impact.
Moreover, one soap presented a choking hazard due to its visual characteristics, form, colour and size, which meant it could have been mistaken for foodstuff. A small part (cherry shape) could easily detach and a small child may have put it in the mouth and choked.
Finally, some products were recalled for microbiological reasons. Several cases were linked to contamination by Burkholderia cepacian or Pseudomonas aeruginosa, Pluralibacter gergoviae, or Staphylococcus aureus.
On the French market, 58 products were recalled thanks to the Rappel Conso plateform managed by the DGCCRF, the French authority responsible for the safety of products, post-market surveillance, and the regulation of commercial practices. The reasons were usually the presence of Lilial or Lyral. Some solar products also contained TiO2 particles with a diameter smaller than the regulatory limit.
Eurofins Cosmetics & Personal Care is committed to providing you with a complete range of analyses and personalised support for your cosmetics compliance procedures, including, but not limited to: Silicone, Microbiological quality control, Nanoparticles…
Softlines & Leather
Adopted proposal to reduce waste from textile
On the 13th of March 2024, the European Parliament (EP) adopted the proposal for a Directive of the European Parliament and of the council amending Directive 2008/98/EC on waste with the aim to reduce waste from textile and food products. This means that extend producer responsibility (EPR) schemes will be apply to textile products such as clothing and accessories, blankets, bed linen, curtains, hats, footwear, mattresses and carpets, including products that contain textile-related materials such as leather, composition leather, rubber or plastic.
Producers of this type of products will cover costs for collecting, sorting and recycling waste textiles.
The file will be followed up by the new Parliament after the 6-9th June European elections.
For more information, consult the European Parliament news here.
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.
CEN | |||
Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Textiles - Tests for colour fastness - Part C12: Colour fastness to industrial laundering (ISO 105-C12:2024) |
2024-08-31 |
French eco-modulation system for textile sector
In 2024, the French companies affected by Extended Producer Responsibility (ERP) are working on supporting documentation on eco-modulation, which they shall deliver to their eco-organisations.
AGEC Law (in article 62) establishes a system of bonus and penalties (bonus-malus) which depends on environmental performance criteria. These can either reduce or increase the amount of eco-contribution paid by companies to their eco-organisations; this is called eco-modulation.
This information must be communicated or made available to consumer at the time of purchase, as indicated in Article 13 of the AGEC law.
Each eco-organisation establishes an eco-modulation scale for its product category. For the textile sector, the three criteria are as follows:
- Bonuses for product durability
- Bonuses related to certain environmental labels
- Bonuses linked to the incorporation of recycled material
For more information, consult your corresponding French eco-organisation for your product category. For the textile sector, consult the Re-Fashion website here.
Textile methodological work for environmental labelling
In March 2024, the French ecological transition agency (ADEME) presented their methodological work on environmental labelling for textiles. ADEME’s and the public authorities’ priority is the finalisation and deployment of environmental labelling in the food and textile sectors in 2024. In 2024, a shortlist and final decision on the technical aspects, name and format is expected.
In short, consumer products must display an “environmental cost index” based on an environmental calculation over the entire life cycle of the product, following a validated benchmark.
It is important not to confuse this with the mandatory product information sheet regarding environmental qualities and characteristics, as required by Article 13 of the AGEC law and specified in Decree No. 2022-748 of April 29, 2022. This sheet presents certain qualitative characteristics of the product (e.g., country of manufacture, presence of hazardous substances), but not an environmental impact calculation.
The two main aims of this environmental cost index are to:
- Inform consumers of the environmental impact of consumer products.
- Encourage manufacturers and distributors to initiate and promote eco-design approaches to their products.
This requirement is stipulated by the Climate and Resilience Law (LAW no. 2021-1104 of August 22, 2021) in Article 2, which specifies that environmental labelling must provide information on the environmental impact of the goods and services over their entire life cycle. It must consider:
- Greenhouse gas emissions
- Damage to biodiversity
- Consumption of water and other natural resources.
The implementation timeline communicated is:
- 2024: voluntary display of the eco-score on fashion items
- 2025: display is mandatory
However, the implementation decree has not yet been published, and the timeline is likely to be postponed.
The system will also expand in the coming years to cover other consumer products such as furniture and cosmetics.
For further information, consult the ADEME website here.
AGEC Law: Upcoming measures (by 2024-25)
The French anti-waste for a circular economy law (AGEC Law) has introduced several measures, such as the prohibition of certain single-use plastic products and the requirement to display information on the recycling, reuse and sustainability of products, etc. with the aim to put an end to all forms of waste. By 2025, more action is expected to be taken:
- A new sustainability index on electronics. From 2024, the repairability index is becoming a sustainability index taking into account three criteria: robustness, reliability, and scalability. The first products concerned will be smartphones, televisions and washing machines.
- A new circular economy sector for professional packaging (pallets, films, boxes, etc.).
- Expand the collection of packaging, develop the deposit.
- Expand the deployment of sorting bins in public spaces.
- Implementation of a strategy to reduce, reuse and recycle plastic packaging (3R strategy).
- Implementation of a roadmap 2023-2028 specific to the textile sector: better collection, better recycling, better repair, developing the second life of textiles, supporting virtuous companies that respect environmental labels, etc.
- Develop solutions for plastic microfibre filters on washing machines to prevent the release of microplastics that pollute the ocean.
- To provide the French with a solution for collecting food waste to convert it into biogas or compost that is useful for the circular economy of the territories.
- Deploy eco-design bonuses and rebates to incentivise manufacturers to make their products more sustainable and recyclable.
Relevant publication related to ERP and AGEC Law
According to the principle of extended producer responsibility (EPR), waste management must be ensured by the producers of said products. To fulfill their obligations, they must join an approved eco-organisation or set up an approved individual system. The following texts indicate recent legislatives publications and guides about requirements related to Circular economy.
Entity | Date | Publication |
Re-Fashion (Eco-organization for textiles in France) |
In 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. |
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:
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 |
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. |
Changes in textile and footwear labeling in Argentina
On 28th February 2024, Resolution 49/2024 was published in the Official Gazette of the Argentine Republic, which modifies Resolution 850 of June 27, 1996 of the former Ministry of Economy and Public Works and Services and its amendments (R. 26/1996 and R. 404/2016) and Resolution 622/1995, related to textile products, garments and footwear.
The main changes are as follows:
- The labels placed on garments, clothing and footwear must present the corresponding information in Spanish.
- Identifying the exporter on the label is optional.
- On the labels or legends corresponding to this regime placed on imported merchandise, replacing the name of the importer with the corresponding Unique Tax Identification Code (CUIT) will be permitted.
For more information, consult the official publication in Official Gazette of the Argentine Republic website here (only available in Spanish language).
Regulatory proposals notified to WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
Notification number | Countries | Title |
Plurinational state of Bolivia, Colombia, Ecuador , Peru |
Preliminary draft guidelines (test method) to determine the predominant materials in footwear. The notified text establishes guidelines for the gravimetric method in order to determine the percentage of the present materials in the main parts of the footwear (upper, lining, insole and sole). |
|
Plurinational state of Bolivia, Colombia, Ecuador, Peru |
Draft Andean Technical Regulation on the labelling of footwear, leather goods, travel goods and similar items. The regulation establishes the minimum information requirements for labels attached to footwear, leather goods, travel goods and other similar manufactured and/or imported items marketed in the Andean subregion. |
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
The International Organization for Standardization (ISO) | |||
Reference |
Title |
Publication date |
Previously |
Textiles - Tests for colour fastness - Part C12: Colour fastness to industrial laundering |
2024-02 |
ISO 105-C12:2006/ AC:2007 ISO 105-C12:2006 |
Toys, Childcare & Hardlines
One step closer to new rules on toy safety
On the 13th of March 2024, the European Parliament approved its position in favour on the safety rules drafted for toys.
The draft rules aim to decrease the number of unsafe toys sold in the EU single market by introducing a ban on harmful chemicals and strengthening testing on safety, security, and privacy.
The rules also respond to several new challenges introduced by digital toys and online shopping, and converts the existing directive into a directly applicable regulation.
After of this first reading, the file will be followed up by the new parliament after the European elections on 6th-9th June.
For more information, consult the European Parliament website here.
Standard updates related to furniture
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.
CEN | |||
Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Furniture - Bunk beds and high beds - Part 1: Safety, strength and durability requirements |
2024-09-30 |
||
Furniture - Bunk beds and high beds - Part 2: Test methods |
2024-09-30 |
Technical publications about food contact materials
The table below summarises recent technical publications regarding food contact materials:
Date | Entity | Title |
07/02/2024 |
EFSA (European food safety authority) |
|
20/02/2024 |
EFSA (European food safety authority) |
French eco-modulation system for DIY, gardening items and Toys sector
In 1st January of 2024 Eco modulation on spare parts came into force for DIY, gardening items and Toys sector. French companies affected by Extended Producer Responsibility (ERP), in collaboration with eco-organizations, are working in the adoption of practices that promote the repairability of commercialized objects.
AGEC Law (in article 62) establishes a system of bonus and penalties (bonus-malus) which depends on environmental performance criteria. These can either reduce or increase the amount of eco-contribution paid by companies to their eco-organisations; this is called eco-modulation.
This information must be communicated or made available to consumer at the time of purchase, as indicated in Article 13 of the AGEC law.
Each eco-organisation establishes an eco-modulation scale for its product category. For the DIY, gardening items and Toys sector, the rules are as follows:
- Product must be made of several components.
- Spare parts must be essential for the use of the product.
- Spare parts must be available for a minimum period after the last time the product for which they are intended was placed on the market: 2 years for toys, 5 years for DIY and gardening products.
For more information, consult your corresponding French eco-organisation for your product category. For the DIY, gardening items and Toys sector, you can consult the Ecomaison website here.
AGEC Law: Upcoming measures (by 2024-25)
The French anti-waste for a circular economy law (AGEC Law) has introduced several measures, such as the prohibition of certain single-use plastic products and the requirement to display information on the recycling, reuse and sustainability of products, etc. with the aim to put an end to all forms of waste. By 2025, more action is expected to be taken:
- A new sustainability index on electronics. From 2024, the repairability index is becoming a sustainability index taking into account three criteria: robustness, reliability, and scalability. The first products concerned will be smartphones, televisions and washing machines.
- A new circular economy sector for professional packaging (pallets, films, boxes, etc.).
- Expand the collection of packaging, develop the deposit.
- Expand the deployment of sorting bins in public spaces.
- Implementation of a strategy to reduce, reuse and recycle plastic packaging (3R strategy).
- Implementation of a roadmap 2023-2028 specific to the textile sector: better collection, better recycling, better repair, developing the second life of textiles, supporting virtuous companies that respect environmental labels, etc.
- Develop solutions for plastic microfibre filters on washing machines to prevent the release of microplastics that pollute the ocean.
- To provide the French with a solution for collecting food waste to convert it into biogas or compost that is useful for the circular economy of the territories.
Deploy eco-design bonuses and rebates to incentivise manufacturers to make their products more sustainable and recyclable.
Relevant publication related to ERP and AGEC Law
According to the principle of extended producer responsibility (EPR), waste management must be ensured by the producers of said products. To fulfill their obligations, they must join an approved eco-organisation or set up an approved individual system. The following texts indicate recent legislatives publications and guides about requirements related to Circular economy.
Entity | Date | Publication |
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:
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. |
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. |
Ecomodulation for packaging
According to the principle of extended producer responsibility (EPR), waste management must be ensured by the producers of said products. To fulfill their obligations, they must join an approved eco-organisation or set up an approved individual system.
In 2024 the ecoorganisation for packaging Ecoembes published Ecomodulation guide 2024: Technical and economic model for rate ecomodulation by Ecoembes.
The new ecomodulation guidelines established in Royal Decree 1055/2022 are aimed at encouraging packaging to be lighter, have a higher degree of recyclability and incorporate post-consumer secondary raw materials.
Packaging that facilitates selection and recycling and incorporates recycled raw material will have a bonus in the cost rate for managing domestic packaging waste, compared to those that do not, which will have a penalty.
For more information, consult the Ecoembes website here.
Amendment to import requirements for maternity and baby products
On the 1st of March 2024, the Turkish authorities published amendments to the notification on the import inspection of maternal and baby products (product safety and inspection: 2024/17) (product safety and inspection: 2024/34).
The main amendments are:
- The nation’s Food Codex on food contact plastics (Communiqué 2019/44) will be carried out by the Ministry of Agriculture and Forestry.
- The following two standards detailing product safety for particular products subject to inspection have been added:
- TS EN 13209-2 (baby carriers)
- TS EN 14372 (cutlery and feeding utensils)
- Requires test reports from accredited laboratories and photographs of imported products.
- If it is applicable to the product, an EU Declaration of Conformity for products within the scope of the Toy Safety Directive and the Directive on Electrical Equipment Designed for Specific Voltage Limits (2014/35/EU) (LVD).
It entered into force on the date of its publication with retroactive effect from 1 January 2024.
Update the packaging waste Regulation
On 12th March 2024, The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 (S.I. 2024/359) was published. 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 published.
It entered into force on 1st April 2024.
Utah repeals online labelling rule for upholstered furniture
In April 2023, Utah’s Department of Agriculture and Food published changes to labelling rules that clarify that the law label requirements in Rule R70-101 for bedding, upholstered furniture and quilted clothing are applicable to online sales, as well as to brick and mortar sales.
Based on feedback from the furniture industry regarding the difficulty of satisfying the online labelling requirements, the Department has issued a Notice of Emergency (120-day) Rule to temporarily suspend the requirement to display the law label information online for upholstered furniture sold through e-commerce platforms, effective February 2, 2024. The online labelling requirements for quilted clothing will remain unchanged.
Proposal requirements for silicone in food contact materials
On the 28th of February 2024, Anvisa (Brazil’s National Health Agency) published two proposals related to food contact silicone materials and items. These two proposals are under public consultation until the 5th of May 2024. The ongoing consultations are as follows:
- Proposal for a resolution by the Collegiate Board of Directors - RDC, determining the sanitary requirements applicable to silicones used in materials, packaging, coatings and equipment intended to come into contact with food (Public Consultation No. 1235). The main points are as follows:
- Exempts coatings intended for cellulosic materials.
- Permits the use of authorised substances according to PC No. 1236/2024.
- Allows the use of colourants according to Resolution RDC No. 52 of November 26, 2010 (or its replacement) for colours in packaging and plastic equipment intended to come into contact with food.
- Chemical requirements:
- Silicone materials and articles:
- ≤ 0.5% volatile organic matter (VOM)
- ≤ 0.5% extractable compounds
- Negative for peroxides
- ≤ 0.01 mg/kg sum of primary aromatic amines (PAA)
- Silicone materials for childcare items:
- ≤ 0.01 mg/kg N-nitrosamines and ≤ 0.1 mg/kg N-nitrosatable substances from saliva (UNE EN 12868)
- Silicone materials and articles:
- Proposal for Normative Instruction - IN, which provides for the sanitary requirements applicable to silicones used in materials, packaging, coatings and equipment intended to come into contact with food (Public Consultation No. 1236). The main points are as follows:
- Chemical requirements:
- Specific migration limits (SML) for nine elements and their salts:
- ≤ 1 mg/kg for each of aluminum (Al) and barium (Ba)
- ≤ 0.05 mg/kg cobalt (Co)
- ≤ 5.0 mg/kg for each of copper (Cu) and zinc (Zn)
- ≤ 48 mg/kg iron (Fe)
- ≤ 0.6 mg/kg for each of lithium (Li) and manganese (Mn)
- ≤ 0.02 mg/kg nickel (Ni)
- Annexes which indicate specifications and methodologies for the use of substances:
- Annex I ‘Substances that can be used for silicone oils or fluids and their respective emulsions’
- Annex II ‘Substances that can be used for the manufacture of silicone resins’
- Annex III ‘Substances that can be used for the manufacture of silicone elastomers (silicone rubber)
- Annex IV ‘Authorized substances for the manufacture of childcare items’
- Annex V ‘Substances that can be used as additives, fillers and additives for fillers’
- Annex VI ‘Substances that can be used as monomers’
- Specific migration limits (SML) for nine elements and their salts:
- Chemical requirements:
Annex VII ‘Methods for the determination VOM release, extractable compounds and peroxide residue in silicone elastomers’
New requirements for metals in food contact materials
In December 2023, Mercosur (the Southern Common Market) published Mercosur/GMC/Resolution. No 48/2023 amending GMC resolution n° 46/06 “Mercosur technical regulation on provisions for containers, coatings, utensils, covers and metal equipment in contact with food.”
The main amendments are as follows:
- Updated impurity specifications:
- ≤ 1% for the sum of antimony, arsenic, cadmium, lead, and mercury, subject to
- ≤ 0.01% for each of cadmium, lead, and mercury and
- ≤ 0.03% for arsenic
- Copper has been removed as one of the heavy metals in impurities.
- Revisions to the list of stainless steel alloys authorised for use.
- Provides specifications and restrictions for anodised and non-anodised aluminium and its alloys.
- The addition of uncoated carbon steel (for limited applications) and passivated metals and metal coatings to list of raw materials authorized for use in contact with food.
Countries to the Southern Common Market (Argentina, Brazil, Paraguay and Uruguay) must transpose Mercosur/GMC/Res. No 48/2023 into their national law before June 2, 2024.
Regulatory proposals notified to 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/ISR/1322 |
Israel |
SI 14350 -Child care articles –Drinking equipment –Safety requirements and test methods Revision of the Mandatory Standards SI 5817 parts 1 and 2 on children's drinking equipment will be replaced with SI 14350. The mains differences between the old version and this new revised draft standard are:
|
Personal Protective Equipment
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.
CEN | |||
Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Personal fall protection equipment - Rope access systems - Rope adjustment devices |
2024-08-31 |