Chemicals | Monthly bulletin | July 2023

Eurofins newsflash Chemical

Europe

New update to Candidate List of Substances of Very High Concern (SVHCs)

On 14^th June 2023, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of two new substances, the current list of SVHCs now contains 235 substances.

Please see below a table indicating the latest substances added to the list:

Nº	Substance name	EC number	CAS number	Reason for inclusion	Examples of use(s)
1	Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide	278-355-8	75980-60-8	Toxic for reproduction (Article 57c)	Inks and toners, coating products, photo-chemicals, polymers, adhesives and sealants and fillers, putties, plasters, modelling clay.
2	Bis(4-chlorophenyl) sulphone	201-247-9	80-07-9	vPvB (Article 57 e)	Manufacturing chemicals, plastic products and rubber products.

Legal obligations for companies using substances of very high concern (SVHC) include:

Suppliers provide customers and consumers with enough information to allow for the safe use of products that contain an SVHC above a concentration of 0.1 % weight by weight (w/w)
Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% w/w and the substance is present in these products in quantities totalling over one tonne per producer or per importer per year. Notifications have to be submitted within six months from the date that the substance was added to the list of SVHC.
Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, must provide their customers with a safety data sheet.
Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing SVHC in a concentration above 0.1% w/w on the EU market is required to submit an SCIP Notification for that article to the ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.

Click here to refer to the official list on the ECHA’s website.

REACH-EN-FORCE (REF)-13 project: products sold online

On 20^th June 2023, the European Chemical Agency (ECHA) announced the REACH-EN-FORCE (REF)-13 project.

REACH-EN-FORCE (REF) projects aim to harmonise the enforcement of REACH, CLP and PIC regulations in each Member State and monitor compliance.

In this case, REF-13 will focus on products sold online. Inspections will take place in 2025 to check that consumer products comply with the aforementioned legislation, but inspectors may also check compliance with restrictions under the Persistent Organic Pollutants (POPs) Regulation, the Restriction of Hazardous Substances (RoHS) Directive, and Toys Safety Directive. Inspections will be guided by rules governing online sales, such as the Digital Services Act and General Product Safety Regulation.

The REF-13 project will be prepared in 2024, with inspections planned for 2025 and reports expected to be published in 2026.

For more information, please consult the ECHA’s website here.

Further recent updates regarding REACH Regulation

The following table provides a non-exhaustive summary of some recent updates regarding REACH Regulation (EC) No 1907/2006:

Summary of the most recent updates
Date	Subject	Link
12/06/2023	REACH Study Results The REACH Study Results have been updated, with 278 new substances having been added since August 2022. It contains non-confidential substance data submitted to ECHA under REACH regulation.	More information on IUCLID’s website here.
16/09/2023	Publication of Guidance on the implementation of the Commission Recommendation 2022/C 229/01 on the definition of nanomaterial by JRC publications repository.	More information on JRC’s website here.

Other interesting links about REACH from the ECHA’s website

Other interesting links about CLP on the ECHA’s website

Listing new substances in Annex A of POP Regulation

On 24 May 2023, European Commission published the Council Decision (EU) 2023/1006 on the position to be taken on behalf of the European Union at the eleventh meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants as regards the proposals for amendment of Annex A to that Convention.

The Union's position is to support the following substances being listed in the Annex A with the specific exemptions recommended by the POPRC:

Dechlorane plus
Methoxychlor
UV-328

The decision shall enter into force on the date of its adoption.

PFHxS added as new substance to the POP list

On 30 May 2023, The European Commission adopted the final version of the amendment related to Annex I of Regulation (EU) 2019/1021 on Persistent Organic Pollutants.

This amendment shall add the substance Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS related compounds to Part A of Annex I to Regulation (EU) 2019/1021.

The specific exemptions regarding intermediate use or other specifications are as follows:

Where they are present in substances, mixtures or articles.

1. Concentrations of PFHxS or any of its salts equal to or below 0.025 mg/kg (0.0000025 % by weight)

2. The sum of concentrations of all PFHxS-related compounds equal to or below 1 mg/kg (0.0001 % by weight).

Where it is present in concentrated firefighting foam mixtures that are to be used or are used in the production of other firefighting foam mixtures.

3.Concentrations of PFHxS, its salts and PFHxS-related compounds equal to or below 0,1 mg/kg (0,00001 % by weight).

Note: the application date will be 3 years after entry into force of this amending Regulation.

The amendment is expected to be published in the Official Journal of the European Union and this way to have application date.

For more information, please consult the European published initiative here.

Minnesota approves PFAS and heavy metals regulation on various consumer products

On May 24, 2023, the State of Minnesota signed Bill HF 2310 into law to regulate Perfluoroalkyl and polyfluoroalkyl substances (PFAS), lead, and cadmium in various consumer products. The new law also contains a notification requirement for products containing intentionally added PFAS.

Under the new law, PFAS is defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Please see Table 1 below for a summary of HF 2310.

Table 1:

Chemical(s)	Scope	Requirement	Effective Date
Lead and Cadmium	Jewelry	Lead ≤ 90 ppm Cadmium ≤ 75 ppm	August 1, 2023
	Toys
	Cosmetics and personal care products
	Puzzles, board games, card games, and similar games
	Play sets and play structures
	Outdoor games
	School supplies
	Pots and pans
	Cups, bowls, and other food containers
	Craft supplies and jewelry-making supplies
	Chalk, crayons, paints, and other art supplies
	Fidget spinners
	Costumes, costume accessories, and children’s and seasonal party supplies
	Keys, key chains, and key rings
	Clothing, footwear, headwear, and accessories
PFAS	Carpets or rugs	Prohibited if intentionally added PFAS	January 1, 2025
	Cleaning products
	Cookware
	Cosmetics
	Dental floss
	Fabric treatments
	Juvenile products*
	Menstruation products
	Textile furnishings
	Ski wax
	Upholstered furniture
PFAS	All products	Notification if intentionally added PFAS	January 1, 2026
PFAS	All products	Prohibited if intentionally added PFAS	January 1, 2032

Washington adopts new restriction and reporting rule under safer products program

The Safer Products Program for the State of Washington implements the Toxic Pollution law (Chapter 70A.350 RCW), which was signed in 2019 to create a pathway to keep toxic chemicals out of the environment. Under the Safer Products Program, there is a four phase implementation process to:

Designate priority chemicals;
Identify consumer products that contain these chemicals;
Decide whether to regulate those chemical-product combinations by requiring reporting or chemical restrictions; and
Adopt rules to implement those regulatory actions.

On May 31, 2023, the State of Washington adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting to require manufacturers to restrict or report:

PFAS in aftermarket stain- and water-resistance treatments, carpets and rugs, and leather and textile furnishings;
Ortho-phthalates in vinyl flooring and in personal care product fragrances;
Organohalogen flame retardants in electric and electronic products;
Flame retardants in recreational polyurethane foam; and
Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.

Please see Table 1 below for a summary of the requirements under the new rule.

Table 1:

Chemical(s)	Scope	Requirement	Effective Date
PFAS	Aftermarket stain- and water-resistance treatments	Prohibited if intentionally added	January 1, 2025
	Carpets and rugs	Prohibited if intentionally added	January 1, 2025
	Leather and textile furniture and furnishings for indoor use	Prohibited if intentionally added	January 1, 2026
	Leather and textile furniture and furnishings for outdoor use	Prohibited if intentionally added	January 1, 2024
Ortho-phthalates	Fragrances in beauty and personal care products	Prohibited if intentionally added as a solvent or fixative for fragrance ingredients	January 1, 2025
Ortho-phthalates	Vinyl flooring	≤ 1000 ppm, individually or combined	January 1, 2025
Flame retardants	Electric and electronic products with plastic external enclosures, intended for indoor use – electronic displays and TVs	Prohibited if intentionally added organohalogen flame retardants	January 1, 2025
	Electric and electronic products with plastic external enclosures, intended for indoor use – Large business, products other than electronic displays and TVs	Prohibited if intentionally added organohalogen flame retardants	January 1, 2027
	Electric and electronic products with plastic external enclosures, intended for indoor use – Small businesses, products other than electronic displays and TVs	Prohibited if intentionally added organohalogen flame retardants	January 1, 2028
	Electric and electronic products with plastic external enclosures, intended for outdoor use –	Reporting if intentionally added organohalogen flame retardants	January 1, 2024
	Recreational covered wall padding made from polyurethane foam.	Reporting if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP	January 1, 2024
	Other recreational products made from polyurethane foam	Prohibited if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP	January 1, 2025
Alkylphenol ethoxylates	Laundry detergent	≤ 1000 ppm, individually or combined	January 1, 2025
Bisphenols	Drink cans	Prohibited if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners	January 1, 2025
	Food cans	Reporting if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners	January 1, 2024
	Thermal paper	Prohibited if intentionally added bisphenols	January 1, 2026

Maine amends PFAS Reporting Law

On June 8, 2023, the State of Maine approved Bill HP 138 – LD 217 to amend the PFAS reporting law, Public Law c. 477 – An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.

Under the amendment, the following changes were made to the original PFAS reporting requirements:

Changes reporting date deadline to January 1, 2025 (from January 1, 2023)
Includes additional reporting information:
- An estimate of the total number of units of the product sold annually in the state or nationally
- The amount of total organic fluorine in the product if the amount of each PFAS compound is not known
Exempts manufacturers that employ 25 or fewer people
Exempts used products or used product components
Clarifies packaging exemption

China

China releases announcement on five POPs substances restricted update

The Standing Committee of the 13th National People's Congress has deliberated and approved an amendment to the Stockholm Convention on Persistent Organic Pollutants. With the amendment, the convention now lists three persistent organic pollutants including Polychlorinated Naphthalenes and Short Chain Chlorinated Paraffins (hereinafter collectively referred to as the “Amendments”). The Amendment has been in force in China since June 6, 2023.

The Amendment dictates the phase-out period or restriction of five POPs:

No	Persistent Organic Pollutant Name	CAS No.	China Customs Statistical Commodity Catalog
1	Hexachlorobuta-1,3-diene	87-68-3	2903299020
2	Pentachlorophenol and its salts and esters	87-86-5 131-52-2 27735-64-4 3772-94-9 1825-21-4	2908110000 2908199023 2908199024 2915900014 2909309017
3	Polychlorinated naphthalenes, including dichloronaphthalene, trichloronaphthalene, tetrachloronaphthalene, pentachloronaphthalene, hexachloronaphthalene, heptachloronaphthalene, octachloronaphthalene	-	2903999050
4	Decabromodiphenyl ether (decaBDE)	1163-19-5	2909309018
5	Short-chain chlorinated paraffin (SCCP)	For example： 85535-84-8 68920-70-7 71011-12-6 85536-22-7 85681-73-8 108171-26-2	3824890000

Note: Short-chain chlorinated paraffin refer to straight-chain chlorinated hydrocarbons with a chain length of C10 to C13, whereby the chlorine content exceeds 48% by weight, and its concentration in the mixture is greater than or equal to 1% by weight.

The specific matters concerning the restriction and control of the above five types of persistent organic pollutants are hereby announced as follows:

The production, use, importation and exportation of hexachlorobutadiene, polychlorinaphthalene, pentachlorophenol and their salts and esters are prohibited.
The production, use, importation and exportation of DecaBDE is prohibited (except for the following uses).

(1) Textile products that need to have flame retardant characteristics (excluding clothing and toys).

(2) Additives for plastic shells and components used in household heating appliances, irons, fans, immersion heaters, containing or directly contacting electrical parts, or which need to comply with flame retardant standards, where the density is less than 10% by weight of the parts.

(3) Polyurethane foam for building insulation.

The exemption period for the above three types of uses ends on 31 December 2023.

The production, use, importation and exportation of SCCPs (except for the following uses) is prohibited.

(1) Additives used in the production of conveyor belts in the natural and synthetic rubber industry.

(2) Spare parts for rubber conveyor belts used in mining and forestry.

(3) The leather industry, fattening leather.

(4) Lubricant additives, engines for automobiles, generators and wind energy facilities, as well as refineries for oil and gas exploration drilling and diesel production.

(5) Outdoor decorative lamps.

(6) Waterproof and fuel-retardant paint.

(7) Adhesives

(8) Metal processing.

(9) The second plasticiser of flexible polyvinyl chloride (but shall not be used in the processing of toys and children's products).

The exemption period for the above nine types of uses ends on 31 December 2023.

Enterprises, public institutions and other producers and operators that emit hexachlorobutadiene and polychlorinene shall take effective measures to effectively reduce emissions or eliminate emission sources. Encourage the development and application of alternative technologies to prevent the formation and release of hexachlorobutadiene, polychlorinene and naphthalene.
Unless otherwise specified, the above requirements for prohibition or restriction of production, use, importation and exportation does not apply to chemical substances used in laboratory-scale research or as reference standards, nor to chemical substances appearing as unintentional trace contaminants in products and articles.
Departments of ecology and environment, industry and informatisation, housing and urban-rural construction, agriculture and rural areas, commerce, emergency management, market supervision and management, disease prevention and control, and customs, shall, in accordance with the relevant national laws and regulations, strengthen the supervision and management of the production, use, importation and exportation of the above five types of persistent organic pollutants. If violations of the announcement are discovered, they will be seriously investigated and dealt with in accordance with the law.
This announcement came into effect on June 6, 2023.

Hong Kong

Hong Kong has modified the Hazardous Chemicals Control Ordinance schedules

Following the National People's Congress deliberating and approving the Amendment to the Stockholm Convention on Persistent Organic Pollutants to List, the Hong Kong Environment and Ecology modified the Hazardous Chemicals Control Ordinance schedules 1 and 2.

Schedule 1 has been amended, to include an additional four hazardous substance and list after item 7, part 1 schedule 1:

Items	Hazardous substance	CAS Number
8	Hexachlorobutadiene	87-68-3
9	Polychlorinated naphthalenes, including: (a) dichlorinated naphthalenes (b) trichlorinated naphthalenes (c) tetrachlorinated naphthalenes (d) pentachlorinated naphthalenes (e) hexachlorinated naphthalenes (f) heptachlorinated naphthalenes (g) octachlorinated naphthalenes	/
10	Decabromodiphenyl ether	1163-19-5
11	Short-chain chlorinated paraffins (Alkanes, C_10-13, chloro): straight-chain chlorinated hydrocarbons with chain lengths ranging from C₁₀ to C₁₃ and a content of chlorine greater than 48% by weight For example, the substances with the following CAS registry numbers may contain short-chain chlorinated paraffins: (a) 85535-84-8 (b) 68920-70-7 (c) 71011-12-6 (d) 85536-22-7 (e) 85681-73-8 (f) 108171-26-2	/

Schedule 2 has been amended to include an additional, item 10:

Items

Hazardous substance

CAS Number

Perfluorooctanoic acid, its salts and related compounds:

(a) Perfluorooctanoic acid (PFOA)

(b) Salts of perfluorooctanoic acid

335-67-1

The Hazardous Chemicals Control Ordinance (Cap.595) regulates the manufacture, exportation, importation and use of certain hazardous chemicals. These chemicals are specified in Schedules 1 and 2 of the Ordinance, and include those subject to the regulation of the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention) and those subject to the regulation of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention).

Sustainability, environmental and circular economy

Miscellaneous technical publications relating to environmental, plastics, packaging and waste

The table below summarises the most recent publications regarding the environment, circular economy and sustainability (non-exhaustive):

Entity	Date	Publication
Ministry for the Ecological Transition and the Demographic Challenge (MITECO) (Spain)	07/05/2023	The first list of packaging producers (ERP), according to Royal Decree 1055/2022, of 27 December on packaging and packaging waste, has been available on the ministry's website since 07 May, and will be updated periodically. The purpose of this registry is to collect data on the introduction of packaging into the market. Therefore, since 01 January 2023, the producers of products that introduce containers in the Spanish market, whether for domestic, commercial or industrial use, have been obliged to register and declare said containers in the Register of Product Producers. Therefore, it is importance that you verify if your registration has been completed correctly and/or your suppliers are also registered.
UK’s Department for Environment, Food & Rural Affairs	23/05/2023	Single-use plastics ban guidance was published with the aim to aid compliance with the single-use plastic bans that will enter in force 01 October 2023. The ban on these types of items, such as plates, bowls, trays, containers, cutlery and balloon sticks, will apply to: Online and over-the-counter sales and supply Items from new and existing stock All types of single-use plastic, including biodegradable, compostable and recycled Items wholly or partly made from plastic, including coating or lining Note: ‘Single use’ means an item is intended to be used only once for its original purpose.
Council of the European Union	07/06/2023	The Council agreed on a negotiating mandate related to a proposal for regulation on the reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal. The proposal aims to upgrade the existing European Pollutant Release and Transfer Register (E-PRTR) in order to establish a more comprehensive and integrated industrial emissions portal. The Council and Parliament will start negotiations to agree on the final shape of the legislation. The outcome of the negotiations will then need to be formally adopted by both institutions.
European Commission	08/06/2023	The published initiative: Waste management - early warning report was adopted by the European Commission.
European Commission	14/06/2023	The published initiative is in the process of being drafted: Wildlife trade – alignment of EU rules with recent decisions taken under the CITES convention on wildlife trade This initiative will align EU legislation with the 19^th meeting of the Conference of the Parties (CoP) relevant decisions.
Council of the European Union	16/06/2023	A background brief about the Environmental Council meeting which took place in Luxembourg on 20 June 2023. EU environment ministers will seek and debate: a general approach on a proposal for a nature restoration regulation. a proposal for a regulation on CO₂ emission standards for new heavy-duty vehicles. a proposal for a directive on air quality. Spain will present its work programme as incoming Presidency.