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2024-05-20

NEA newsletter-202405

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

ECHA identifies risks from PVC additives and microparticle releases
The European Chemicals Agency's (ECHA) investigation found that some substances added to polyvinyl chloride (PVC) plastic, like plasticisers, may pose risks to people and the environment. To limit the use of these additives and to minimise releases of PVC microparticles, regulatory action would be necessary.
The investigation focused on 63 PVC additives, including plasticisers, heat stabilisers and flame retardants. The key findings suggest that regulatory action would be needed:

  • to minimise risks associated with plasticisers, particularly ortho-phthalates, which are generally harmful to reproduction;
  • to minimise risks from heat stabilising organotins, such as DOTE, which may cause developmental malformations and reproductive harm;
  • to reduce emissions of flame retardants as suggested in ECHA's Regulatory Strategy for Flame Retardants;
  • to implement and improve technologies that minimise PVC microparticle emissions especially at recycling facilities and landfills. The release of PVC microparticles contributes to plastic pollution. These microparticles also contain harmful additives, and therefore, minimising their re-leases would consequently reduce emissions of these additives.
ECHA's investigation has now been sent to the European Commission, which will assess it and decide whether there is a need to formally ask ECHA to prepare a REACH restriction proposal.

New Online Sales Project in 2025
The Forum also agreed on the specific scope of the next harmonised enforcement project (REF-13) on online sales, for which inspections will start in 2025. Inspectors will check products sold online, if they contain substances restricted for use under the REACH and POPs regulations. This enforcement project will also verify that mixtures are classified, labelled and packaged in line with the Classification, Labelling and Packaging (CLP) Regulation and will verify that the related information is provided online. Checks may also address compliance with restrictions defined in the Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive.
During the March meeting, the Forum and its biocidal products regulation subgroup (BPRS) members gave steer to other ongoing projects and exchanged information about enforcement initiatives on the national level.
The Forum and the BPRS met remotely on 14-22 March 2024. The next meeting will take place in June 2024.

SVHC pre- proposal list for Y2024 H2 and Y2025 H1
The registry of SVHC intentions until outcome aims to make interested parties aware of the substances for which an SVHC dossier is planned to be submitted to ECHA. Member States, or ECHA at the request of the European Commission, may propose a substance to be identified as a substance of very high concern (SVHC). Advance notice gives interested parties time to prepare for commenting later in the process.
Norway intends to submit proposals for six substances during the period 2024-2025. The pre- proposal substances are listed as follows:
Substance Name CAS No. Expected Date of Submission Scope
Hexamethyldisiloxane 107-46-0 03-Feb-2025 PBT
(Article 57d)
Dodecamethylpentasiloxane 141-63-9 03-Feb-2025 vPvB
(Article 57e)
Decamethyltetrasiloxane 141-62-8 03-Feb-2025 vPvB
(Article 57e)
1,1,1,3,5,5,5-heptamethyltrisiloxane 1873-88-7 03-Feb-2025 vPvB
(Article 57e)
1,1,1,3,5,5,5-heptamethyl-3-[(trimethylsilyl)oxy]trisiloxane 17928-28-8 03-Feb-2025 vPvB
(Article 57e)
Octamethyltrisiloxane 107-51-7 01-Aug-2024 vPvB
(Article 57e)

Switzerland Bans PFHxS and PFHxS-Related Compounds
In Switzerland, persistent organic pollutants (POP) are regulated under the Stockholm Convention. PFHxS was identified as POPs chemicals in Annex A to the Stockholm Convention in June 2022. In March 2024, Switzerland issued RO 2024/113 to add perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds to the list of substances for elimination under Part I to Appendix A of the nation's POP Convention. Highlights of the amendment are summarized below:
RO 2024/113, March 18, 2024
Decision No SC-10/13 of the Conference of the Parties on the listing of perfluorohexane sulfonic acid (PFHxS), its salts and related compounds
Substance Scope Requirement Effective date
  • PFHxS and its salts
  • PFHxS-related compounds
  • Production
  • Use
Prohibited (with no derogations) November 16, 2023

Washington, USA, Becomes First State to Ban Lead in Cookware
On March 28, 2024, the governor of Washington state signed HB 1551 into law to become the first state in the nation to restrict lead in cookware.
The law adds a new chapter to Title 70A RCW. Beginning January 1, 2026, cookware and cookware components manufactured, sold, offered, or distributed in Washington State shall not contain lead and lead compounds at a level of more than 5 ppm.
It also authorizes the Department of Ecology (DOE), in consultation with the Department of Health (DOH) to lower the 5 ppm lead limit by rule after December 2034 if it is feasible to achieve a lower limit.

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