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2021-06-23

NEA newsletter-202106

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

Swedish investigation finds non-compliance issues with electrical goods
On May 3, 2021, the Swedish chemicals agency (KEMI) published the investigation results of a major enforcement project, which found illegal level of hazardous substances in certain consumer products sold in online stores. The project is part of the ECHA Enforcement Forum’s eighth REACH project (REF-8), which aims to control the selling of non-compliant products over the internet. During 2020, KEMI investigated 449 products purchased from online stores from 138 companies within and outside the EU. The results showed that 152 electrical products were not in compliant, with the major reason of excessive lead in solders. There were also non-compliant jewellery and children's products found. Besides, KEMI found that a large number of soft plastic materials contain short-chain chlorinated paraffins (SCCPs). Based on the findings of this project, Sweden will prioritise future actions on high-risk substances such as phthalates and SCCPs in electrical products, footwears and toys.

A new exemption has been added to Annex III of EU RoHS Directive
On April 20, 2021, the European Union issued Commission Delegated Directive (EU) 2021/647 in its official journal to amend exemptions in Annex III of the EU RoHS Directive (2011/65/EU), adding the 45th exemption applicable to category 11 of EE products. The exemption relates to the use of lead diazide, lead styphnate, lead dipicramate, orange lead (lead tetroxide), lead dioxide in electronic detonators for civil (professional) explosives, and barium chromate in long-time delay detonators of explosives for civil (professional) use.  This Directive will come into effect on November 1, 2021, and will be valid until April 20, 2026.

EU updates harmonized standard of REACH Annex XVII Entry 27 - nickel release 
In April 2021, the European Commission published latest list of harmonized standards for Entry 27 of Annex XVII of Regulation (EC) No 1907/2006 (REACH) – Nickel release. The latest standard EN 12472:2020 “Method for the simulation of accelerated wear and corrosion for the detection of nickel release from coated items” replaces the previous version EN 12472:2005+A1:2009, as the method for the simulation of accelerated wear and corrosion for the detection of nickel release from plated articles. The announcement did not specify an effective date, which can be considered as effective immediately.

Colombia proposes technical regulation for food contact glass and ceramics
On April 13, 2021, the World Trade Organization (WTO) announced a draft resolution of the Colombian Ministry of Health and Social Protection on its intention to “establish the technical regulation on food contact glass and ceramic articles, which are manufactured, imported and marketed in the national territory” . This draft resolution includes the list of HS codes for products within the scope of control, limit of leachable lead and cadmium, the standard of migration tests, labelling requirement, Certificate of Conformity (CoC) and Declaration of Conformity (DoC), and etc. The resolution will become effective six months after the date of publication in the Official Journal. In addition, there is a six-month transition period for products manufactured and imported from January 17, 2021 to the effective date of the resolution.

Colombia bans import and export of products containing asbestos
On April 16, 2021, the Colombian Ministry of Commerce, Industry and Tourism published Decree No. 0402, immediately bans the import and export of any products containing asbestos. The Decree has come into effective on April 17, 2021. Previously, Colombian Congress approved a ban on the production, sale and use of the asbestos in 2019 and has legislated in January 2021. The new Decree bans the import and export of any of the following products containing asbestos: cement, fibers, fabrics, clothing, paper, cardboard and felt, friction linings for brakes, and any other products containing asbestos fibers.

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