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2022-05-20

NEA newsletter-202205

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

ECHA committees agree to REACH restriction for dechlorane plus
In March 2022, the Committee for Risk Assessment (RAC) adopted its opinion supporting Norway's proposal to restrict Dechlorane Plus (DP). The proposal intends to restrict the manufacture, use and placing on the market of Dechlorane Plus as substances, constituents of other substances, mixtures and articles. Dechlorane Plus is a very persistent and very bio-accumulative organic pollutant, which was identified by European Chemicals Agency (ECHA) as a Substance of Very High Concern (SVHC) in 2018. It is mainly used as a flame retardant, for example, in adhesives and sealants in cars, aeroplanes and electronic equipment. The Committee for Socio-Economic Analysis (SEAC) also supports a restriction in its draft opinion, which is open for consultation from 17 March 2022 to 16 May 2022.

OEHHA announced a second modification to amendments to short-form warnings of CP 65
On April 5, 2022, the California Office of Environmental Health Hazard Assessment (OEHHA) announced a second 15-day consultation on the modification to proposed amendments to short-form warnings of consumer products. The public comment closed on April 20, 2022. Details on amendments are as follows: (1) allows the use of short-form warnings on product labels of any size, regardless of package size and shape, by removing the limitations for the use of these product labels; (2) retains the requirement of a minimum of 6-point type size when using short-form warnings; (3) modifies the language ‘exposes you to' to 'can expose you to'; (4) changes the regulation's operative date from 'one year' to 'two years' after the effective date of the amendments.

Public Consultation on the Revision of RoHS Directive
On March 15, 2022, the European Commission launched a public consultation on the review of the EU Directive on the restriction of hazardous substances (RoHS) in electrical and electronic equipment. The Commission published a 4-week call for evidence to inform the review in February. The evaluation described the problems with RoHS and the potential areas for improvement, including the exemption process, the process of reviewing the list of restricted substances, the alignment of RoHS to other EU legislative frameworks (e.g., REACH Regulation) and so on. The public comment period begins on April 5, 2022, and closed on April 20, 2022. The stakeholders could submit their replies to this consultation during this period.

EU plans restriction on bisphenols
Recently, EU have assessed a group of 148 bisphenols and recommended that 34 bisphenols need to be restricted due to their potential hormonal or reprotoxic effects. This number may change as more information is gathered. Three bisphenols (bisphenol A, bisphenol B and 2,2-bis(4'-hydroxyphenyl)-4-methylpentane) have already been identified as substances of very high concern (SVHCs). German authorities are already preparing a proposal to restrict the use of bisphenol A and other bisphenols with endocrine-disrupting properties for the environment. Once it is clearer which bisphenols the proposal will cover, EU will consider any further needs for regulatory action on bisphenols. The planned restriction of per- and polyfluoroalkyl substances (PFASs) will also need to be considered in any additional action as bisphenol AF and its eight salts are also defined as PFASs.
Bisphenols are mainly used in the manufacture of polymers or polymer resins such as polycarbonate plastics and epoxy resins and hardeners. It is also used in thermal paper, inks and coatings, adhesives, textiles, and cardboard

Europe NGO urges crack down on dangerous products for online markets
Consumer rights NGO Beuc has urged increase accountability for online marketplaces after a research compilation by its members, published on 17 March, 2022, found persistent failures to act against dangerous products entering Europe.The NGO's research flagged multiple issues associated with exposure to chemicals from products available online, including, illegal amounts of hydrogen peroxide in teeth-whitening products; failures to list chemical ingredients and the presence of suspected endocrine disrupting chemicals or allergens in cosmetic products; and toys containing phthalates, etc. Beuc suggests regulators should focus on increased accountability for online marketplaces and traceability along the supply chain, cooperate with regulators outside the EU to share data more easily on non-compliant products.
 

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