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2021-01-21

EU Enforcement Report On Non-Compliant Imported Goods

Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) is a European Union regulation that addresses the production and use of chemical substances, and their potential impacts on both human health and the environment.

REACH places the burden of proof on companies. To comply with the regulation, companies must identify and manage the risks linked to the substances they manufacture and market in the EU. They have to demonstrate to ECHA how the substance can be safely used, and they must communicate the risk management measures to the users.

On December 16, 2020 the European Union (EU) published Regulation (EU) 2020/2096 to revise Annex XVII of Regulation (EC) 1907/2006 on Registration, Evaluation, Authorization and Restriction of Chemicals (Annex XVII of REACH, consolidated version to August 2020) in relation to 'Restrictions on the manufacturing, placing on the market and use of certain dangerous substances, mixtures and articles'.

The new law contains several important changes. It:

  • Deletes entries 22 (pentachlorophenol (PCP, its salts and esters)), 67 (decabromodiphenyl ether, Deca-BDE) and 68 (perfluorooctanoic acid (PFOA) and its salts, and PFOA-related substances) as these are now regulated under Regulation (EU) 2019/1021 on persistent organic pollutants (POP Recast Regulation, consolidated version to September 2020)
  • Edits the language to align with Regulation (EC) 1272/2008 on Classification, Labeling and Packaging of Substances and Mixtures (CLP Regulation, consolidated version to November 2020), including hazard statements
  • Exempts devices falling under Regulation (EU) 2017/745 (medical devices) from entries 28 to 30 on carcinogenic, mutagenic or reproductive category 1A and 1B substances (CMR category 1A and 1B substances)
  • Adds CMR category 1A and/or 1B substances to entries 28 to 30 to align with the CLP Regulation, including cobalt, three polycyclic aromatic hydrocarbons (PAHs) and diisohexyl phthalate (DIHP)
  • Deletes CAS and EC numbers for entry 46 (nonylphenol, NP) as the scope covers all isomers of NP
  • Replaces the list of harmonized standards in Appendix 10 for demonstrating compliance with azo colorants
According to the latest amendment, the provisions are implemented in several phases:
  • July 2020 for deleting entry 68 to Annex XVII of REACH (PFOA and its salts, and PFOA-related substances)
  • July 5, 2021 and October 1, 2021 for provisions in Points (8)(b), (11)(b) and (12)(b) under Article 2
  • January 5, 2021 for provisions other than those mentioned above
SGS can provide a wide array of services on REACH, as testing, training, consulting, process auditing, document preparation and other services to help you deal with these new green requirements more efficiently and effectively!

For enquiries, please contact our Customer Service team!

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