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2022-03-22

NEA newsletter-202203

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

Resorcinol to be listed under SVHC Candidate List
The European Commission held a consultation meeting on the identification of resorcinol (CAS: 108-46-3) as a Substance of Very High Concern (SVHC) from Jan 6 to Jan 27, 2022. The decision was adopted with 19 votes in favour, 3 against, and 5 abstentions. 
Resorcinol was listed as the 23rd batch of Consultation List by European Chemicals Agency (ECHA) in Mar 2020. However, it was not formally included as the Member State Committee could not reach an agreement. Subsequently, the EU submitted notification G/TBT/N/EU/803 to the WTO on Jun 1, 2021, intending to identify resorcinol as an SVHC. 
At present, the official website has listed a Draft Implementing Act, which shows that resorcinol has been identified as an SVHC due to its endocrine disrupting properties. Following that, the ECHA will update the list of SVHC candidate substances accordingly.


New York State Postpones to Ban Harmful Flame Retardant Chemicals in Consumer Products
On Jan 24, 2022, the Governor of the U.S. state of New York signed Senate Bill S7737 (companion A8723) into law to amend the previously issued Bill S4630B/A5418B, which regulates flame retardant chemicals in upholstered furniture, mattresses, and electronic display enclosures. 
Regarding electronic displays, the main revisions include: clarifying the meaning of "organohalogen flame retardants", extending the effective date of prohibition of intentionally added organohalogen flame retardants in enclosures and stands of electronic displays from Jan 1, 2024 to Dec 1, 2024, and stipulating the exemption of seller's liability, etc. Following the amendment, from Dec 31, 2022, manufacturers/importers must submit annual reports identifying all organohalogen flame retardants used in enclosures or stands of electronic displays. After Dec 1, 2024, it is prohibited to use organohalogen flame retardants in such products either added intentionally or at levels above the limits set by the New York State Environmental Protection Agency. Violators will face penalties of up to $2,500 per day. 
SGS recommends that relevant enterprises investigate the content of organohalogen flame retardants in related products in advance to avoid trade risks.


Release of "14th Five-Year Plan" for Energy Conservation and Emission Reduction Comprehensive Work Plan
On Jan 24, 2022, the State Council of the People's Republic of China issued the "14th Five-Year Plan" Comprehensive Work Plan for Energy Conservation and Emission Reduction (hereinafter referred to as the "Plan"), which aims to deepen the battle against pollution, accelerate the establishment and improvement of a green and low-carbon circular economic system, promote the comprehensive green transformation of economic and social development, and help achieve the goal of carbon peaking and carbon neutrality.

The main elements of the Plan are: 

  • establishing the reduction target of national energy consumption and total volatile organic compound (VOCs) emissions by 2025; 
  • deploying key energy conservation and emission reduction projects, including pollutant reduction projects in key areas and comprehensive VOC rectification projects, and promotion of the use of low-VOC coatings, inks, adhesives and detergents in key areas and industries; 
  • proposing the limit of VOC content in consumer goods and the atmospheric pollutants emission in key VOC-related industries, and after the relevant conditions are mature, considering the timely inclusion of volatile organic compounds in the scope of environmental protection tax collection; 
  • the forecast on unified green product standards, certification, labelling system, and implementation of energy-saving and low-carbon environmental protection product certification and other requirements.

The EU Has Officially Revised a Number of Mercury Exemptions under the RoHS Directive
On Feb 24, 2022, the European Union published a total of 12 directives including Directives (EU) 2022/274, (EU) 2022/275, (EU) 2022/276, (EU) 2022/277, (EU) 2022/278, (EU) 2022/279, (EU) 2022/280, (EU) 2022/281, (EU) 2022/282, (EU) 2022/283, (EU) 2022/284, (EU) 2022/287 which revise a number of mercury-related exemptions in Annex III of the RoHS Directive. 
The relevant amendments are as follows: revocation of Exemption 1(a)-(e),1(g),2(a)(1)-(5) with transition period set; amendment on Exemption 1(f),2(b)(4),4(a),4(b),4(f) with new expiry dates; update on the limits and expiry dates of Exemption 2(b) (3),4(c)-I,4(c)-II,4(c)-III; extension on the expiry dates of Exemption 3(a)-(c) and 4(e). 
According to an assessment conducted by the European Commission since 2016, safe mercury-free alternatives to fluorescent lamps have been widely used. This update has revised a number of exemption clauses for mercury applications in fluorescent lamps. SGS recommends that relevant companies pay attention to the latest developments in the exemption clauses to ensure product compliance. 


The EU Publishes Final Assessment Report on Exemption of RoHS Directive Pack 24 
On Feb 25, 2022, the final assessment report of the EU RoHS consulting project Pack 24 was officially released. The report evaluates the extension applications of Exemption 5(b), 18(b), 18(b)-I, 24, 29, 32, 34 in Annex III and Exemption 34 in Annex IV and offers recommendations. The Pack 24 consultation evaluates exemptions related to lead content, involving materials such as glass, phosphor catalyst, solder and others. This final assessment report also adds Exemption18(b)-II and 24(a). 
The Pack 24 consultation was launched on Jan 19, 2021. The EU will publish the final updated directive in the Official Journal (EUOJ) based on the recommendations of this assessment report. Enterprises can refer to the contents listed in this assessment report to make products adjustment in response to regulatory changes in advance.

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