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NEA Newsletter-202011

Latest Progress in Environmental Protection Laws and Regulations, Product Recall Case, and Experts Q&A

EU enforcement found 1 in 4 of imported products were non-compliant with REACH and CLP
On September 24, 2020, the European Chemicals Agency published an enforcement report, announced the results of a pilot enforcement project on REACH and CLP regulation jointly conducted by the ECHA’s enforcement forum and the customs authorities of EU member states. According to the report, 23 % of inspected products were found non-compliant with REACH and CLP, 1389 products from 37 different countries (71% from China) were checked in the project. Most of the enforcement addressed compliance with REACH restriction obligations, of the 1225 products, 221 (17%) of these had amounts of the restricted substances above the required limits and were non-compliant with REACH. For CLP, 167 products were checked and 107 (64%) were found to be non-compliant. As mentioned in the report, there is a continuous need for targeted enforcement in future. SGS recommends enterprises pay attention to the latest requirements of relevant regulations to ensure the compliance of products.

The EU released draft proposal for listing chlorpyrifos in the Stockholm Convention on POPs
On October 14, 2020, ECHA published draft proposal for listing chlorpyrifos in Annex A to the Stockholm Convention on Persistent Organic Pollutants (POPs) Regulation and opened a public consultation. Chlorpyrifos, which belongs to the group of organophosphate pesticides, is widely applied as an insecticide in agriculture and as a biocide to control non-agricultural pests. Usage of chlorpyrifos as a biocide was phased-out in the European Union by Commission Decision (2007/565/EC) by 2008. The draft lists the evidences that chlorpyrifos meets with the characteristics of POPs, such as environmental persistence, bioaccumulation, long-range transport potential and adverse effects, and the EU will consider stakeholders’ comments at relevant stages of the process under the Convention. The public consultation will end on December 9, 2020.

EU proposes to restrict N, N-dimethylformamide (DMF) in Annex XVII to REACH
On September 24, 2020, the European Union submitted notification G/TBT/N/EU/749 to the WHO, proposes to restrict the use of N, N-dimethylformamide (DMF) as a substance on its own or in mixtures. The draft regulation proposes a restriction for placing N,N-dimethylformamide (DMF) on the market in concentrations higher than 0.3%, unless the Derived No-Effect Levels (DNELs) relating to exposure of workers of 6 mg/m3 for exposure by inhalation and 1.1 mg/kg/day for dermal exposure have been included in the relevant chemical safety reports and safety data sheets, or unless manufacturers and downstream users take the appropriate risk management measures and provide the appropriate operational conditions to ensure that exposure of workers is below the DNELs. The draft regulation is expected to be adopted in the first quarter of 2021, and will come into effect 20 days after its publication in the official journal of the European Union, and the relevant restrictions will be implemented 24 months after the regulation comes into force.

EU Call for evidence on a possible restriction on BPA
On October 14, 2020, the EU opened a public consultation, call for evidence on 4,4’-isopropylidenediphenol (Bisphenol A, BPA) and structurally related bisphenols of similar concern for the environment. This consultation aims to investigate the manufacture, import, use and placing on the market of Bisphenol A and structurally related bisphenols of similar concern for the environment, as well as on the possibility for substitution, potential alternatives and on the socio-economic impacts of substitution. Germany intends to submit an Annex XV restriction dossier on BPA and structurally related bisphenols of similar concern for the environment to ECHA before October 1, 2021. The information gathered through this call for evidence will be used to assess the restriction application. Currently, the entry made to the registry of intention for the restriction is as follows: restricting the use as an additive and the content in articles (0.02% by weight); restricting content of residues (unreacted monomer) in articles – also for imported goods (0.02% by weight); restricting the use of mixtures with content of 0.02% by weight for non-automated processes; Introducing release rates for BPA from articles during service life preventing release into the environment and/or (direct) migration to organisms. The public consultation period of this project will end on January 15, 2021.

California proposes to add two substances to the Prop 65 list
On October 9, 2020, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list molybdenum trioxide and indium tin oxide as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), and open for public consultation. Californian Health and Safety Code incorporates relevant section of California Labor Code into Proposition 65 and requires that certain substances identified by the International Agency for Research on Cancer (IARC) be listed as known to cause cancer under Proposition 65, OEHHA evaluates whether a chemical’s listing is required. The International Agency for Research on Cancer (IARC) concludes that molybdenum trioxide and indium tin oxide are classified in Group 2B (“possibly carcinogenic to humans”) based on sufficient evidence of carcinogenicity in animals. Molybdenum trioxide is used in steel production and in the production of molybdenum metal, while Indium tin oxide is a transparent conducting oxide used in many electronic devices. This comment period has been extended until November 23, 2020.

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