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2022-12-20

NEA newsletter-202212

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

NGOs call for banning the use of PFAS in EU consumer goods
On October 12, 2022, non-governmental organizations issued a manifesto on website, proposing the requirements on how Europe-an authorities should address the existing problem of PFAS and stop adding pollution related to these chemicals. Fifty NGOs called on EU countries to ban the use of PFAS in food packaging, cosmetics, clothing and other consumer goods by 2025, and prohibit the use of PFAS in all uses by 2030. Germany, Denmark, Netherlands, Norway and Sweden are developing a comprehensive re-striction on all PFAS.

Proposal of EU on Strengthening the Prohibition of Lead in PVC
On October 5, 2022, the EU Commission released a long-awaited revised proposal to ban lead in PVC. Previously, the EU Parliament raised an objection to the original draft of the EU administrative department in 2020. The revised text shortens the transition peri-od after the proposed regulations came into force from 24 months to 18 months, and requires label to be affixed with "Warning: Contains Lead". The members of REACH Committee discussed the proposal at the meeting on October 26 and added the requirements to the proposal in Annex XVII Entry 63 of REACH Regulation (EC) No 1907/2006.

Germany gives three restriction options in bisphenols proposal
In October 2022, Germany submitted a restriction proposal for BPA and other bisphenols of similar concern (BoSC) for the environment. The proposed bisphenol substances to be regulated are BPA, BPB, BPS, BPF and BPAF. In relation to the economic and environmental impact assessment, three re-striction options are given.
Option 1 restricts the placing on the market of mixtures and articles where concentration is equal to or greater than 10 ppm, with the exception of polymer production. Intermediate for polymer production of which contact to water, and hence emissions to the aquatic environment as the main entry path, can be excluded during reasonable and foreseeable use throughout the service life can be excluded from the 10 ppm requirement, while those of which contact to water cannot be excluded shall follow substance migration limit of 0.04 mg/L over the entire service life. Option 2 is similar to option 1, with added derogation on polymeric use being 150 ppm. Option 3 restricts only the use of bisphenols as additives but allow all use as monomers in the production of polymers, and the limit is 1000 ppm.

USA-Washington state plans to control Phthalates
The Washington State Departments of Ecology and Health has prepared Draft Phthalates Action Plan to identify the potential health and environmental effects of phthalate chemicals and recommend strategies to reduce those impacts in Washington. The product categories suggested for evaluation include textiles, packaging, building materials, medical devices, cleaning articles, juvenile products, personal care products and food contact materials (FCMs). The draft Action Plan is expected to be finalized by the end of 2023.

EEA countries can soon notify to SCIP database
From January 2021, duty holders in EU countries, such as EU producer, EU importer and EU assembler, are required to submit I6z file to SCIP database if their article contains substances of very high concern (SVHC) > 0.1%. In addition to this, from November 7, 2022, the obligation to submit notifications to ECHA’s SCIP database has been extended to also cover companies supplying articles in the European Economic Area (EEA). Thus, companies from Iceland, Liechtenstein and Nor-way can submit notifications to ECHA for their products containing SVHC.

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