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2024-09-14

NEA newsletter-202409

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

China RoHS Update – revised GB/T 26572-2011
On June 29, 2024, the State Administration for Market Regulation (the Standardization Administration of the P.R.C.) issued China National Standard Announcement No. 14 [2024], approved No. 1 amendment order of GB/T 26572-2011 "Requirements of concentration limits for certain restricted sub-stances in electrical and electronic products" which is China RoHS related standard. Added control requirements for four phthalates substances, which are Dibutyl phthalate (DBP) and Diisobutyl phthalate (DIBP), Butyl benzyl phthalate (BBP) and Bis(2-ethylhexyl) phthalate (DEHP) with the limits of 0.1% (1000ppm). At the same time, the test method was updated from GB/T 26125-2011 to GB/T 39560 (all parts). The amendment will be implemented on January 1, 2026.
 
New intention to identify a substance of very high concern
On August 6, 2024, the European Chemicals Agency (ECHA) announced the addition of barium chromate to intention to identify substance of SVHC. The substance, which may be used in explosives, paints, adhesives, sealants and other products, was proposed to be added by the Netherlands due to its carcinogenicity. It is currently at the stage of "preparation of dossier of relevant substances by proposer" and is expected to be submitted by February 3, 2025. Subsequently, ECHA will launch a public consultation on the intended substances, during which all stakeholders can submit feedback to ECHA, and if the feedback is approved, it will be formally added to the SVHC candidate list. Now, the number of intended substances has increased to 12.

Methoxychlor will be added to the list of prohibited substances in EU POPs
On July 22, 2024, the European Commission announced the adoption of a proposed amendment to add methoxychlor to Annex I of Regulation (EU) 2019/1021, which shall apply to concentrations of methoxychlor equal to or below 0.01 mg/kg (0.000001 % by weight). This revision implements the EU international commitments under the Stockholm Convention on persistent organic pollutants. The regulation is expected to be formally published in the Official Journal of the European Union shortly and will enter into force on the twentieth day following that of its publication. At that time, the prohibited substances in Annex I of the EU POPs will be increased from 29 items to 30 items.

Canada mandates reporting on more than 300 PFAS
On July 27, 2024, based on Section 71 of the Canadian Environmental Protection Act (CEPA), Canada issued a mandatory reporting requirement for 312 types of PFAS products, involving 12 categories of products including various electronic products. The requirement calls for relevant enterprises to investigate their supply chains and report data to the Canadian government regarding the manufacturing, importing, or use of products exceeding specific thresholds in the 2023 calendar year. The specific thresholds refer to:

  • manufactured any of the 312 listed PFAS in a quantity above 1,000 grams (2.2lbs);
  • imported more than 10g (0.35oz) of a part 1 PFAS or more than 100kg (220Ibs) of a part 2 or 3 PFAS, whether the substance was alone or present above 1ppm in a mixture, product or in one of 12 specified categories of reportable manufactured items;
  • imported more than 100kg of any of the 312 listed PFAS above 1ppm in a manufactured item outside the 12 specified categories; or
  • used more than 10g of a listed PFAS – either alone or in a concentration above 1ppm – in the manufacture of a mixture, product or item.
This report requirement requires a deadline of January 29, 2025.

European Commission consults on exemptions to UV-328 POPs ban
Recently, the European Commission published a draft regulation on the exemptions to UV-328 under the ban in the EU POPs (Regulation (EU) 2019/1021) and launched a public consultation on July 30, 2024.  This draft regulation would exempt from the ban, until 26 February 2030, the use of UV-328 in:
  • land-based motor vehicles;
  • mechanical separators in blood collection tubes;
  • triacetyl cellulose film in polarisers;
  • photographic paper;
  • Spare parts for these applications would be allowed to stay on the market until the end of their service life or until 2044, whichever comes first.
This public consultation ends on August 27, 2024. The European Commission plans to adopt the regulation in the fourth quarter of 2024. It will come into force 20 days after its publication in the Official Journal and apply from February 26, 2025.

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