Chemicals | Monthly bulletin | March 2024

Eurofins newsflash Chemical

Europe

New hygiene standards for drinking water

On the 23^rd January 2024, the European Commission adopted six new minimum hygiene standards for materials and products that come into contact with drinking water.

The objective is to prevent microbial growth and reduce the risk of harmful substances leaching into drinking water.

They will apply from the 31^st December 2026, to materials and products used in contact with drinking water.

The six acts are expected to be published in the Official Journal after two months in which the European Parliament and the Council will be able to formulate their objections.

Work is also being done on other methodologies and guidelines required by the Drinking Water Directive, such as measuring microplastics and perfluoroalkyl substances (PFAS) in drinking water.

For more information, consult the delegated act in the European Commission here.

Exemption for cadmium and lead in plastic profiles

On the 10^th January 2024, the European Commission published Commission Delegated Directive (EU) 2024/232 which amends Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium and lead in plastic profiles in electrical and electronic windows and doors containing recovered rigid polyvinyl chloride.

The entry 46 is added in Annex III to Directive 2011/65/EU (RoHS Directive).

Member States shall adopt and publish, by the 31^st July 2024 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.

They shall apply those provisions from the 1^st August 2024.

Mercury deal to completely phase out in the EU

On the 21^st February 2021, the Council and European Parliament reached a provisional political agreement on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions. The proposal addresses the residual remaining uses of mercury in products in the EU, with a view to establishing a mercury-free Europe. The deal is provisional pending formal adoption by both institutions.

For more information, consult the European Council website here.

On the 1st March 2024, the text of the Council and Parliament’s provisional agreement was included. For more information, please visit the Council of the European Union website here.

Recent publications on 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
30/01/2024	ECHA CHEM is a new chemicals database. It contains information from over 100.000 REACH registrations that companies have submitted to ECHA. Later this year, the database will be expanded with the redesigned Classification and Labelling Inventory, followed by the first set of regulatory lists.	For more information, consult the ECHA’s website here.
30/01/2024	The European Chemicals Agency (ECHA) published its Strategy Statement 2024-2028. The strategy details the agency’s goals and priorities over the next five years to protect health and the environment through its work for chemical safety.	For more information, consult the ECHA’s website here.
07/02/2024	The European Chemicals Agency (ECHA) is considering recommending the following substances for the REACH Authorisation List: Melamine; Bis(2-ethylhexyl) tetrabromophthalate covering any of the individual isomers and/or combinations thereof (TBPH); S-(tricyclo[5.2.1.0 2,6]deca-3-en-8(or 9)-yl) O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate; Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide; Barium diboron tetraoxide.	For more information, consult the ECHA’s website here.
07/02/2024	Publication of Consultation on a draft recommendation for amendment of Authorisation List entries of Dibutyl phthalate	For more information, consult the ECHA’s website here.

Other interesting links about REACH from the ECHA’s website

Interesting links about CLP on the ECHA’s website

RoHS

National updates on RoHS

In February 2024, several countries published national updates related to the modifications made by the European Commission to Annex III and IV of Directive 2011/65/EU relating to limiting the use of certain dangerous substances in electrical and electronic equipment. They have been amended and supplemented as necessary by delegated acts. The publications are:

Country

Date

Publication

France

18/02/2024

Order of February 16, 2024 amending the order of March 5, 2020 relating to the limitation of the use of certain dangerous substances in electrical and electronic equipment. (Text n° 12).

From the 1^st August 2024, Commission Delegated Directive 2024/232/EU amending Directive 2011/65/EU as regards an exemption relating to cadmium and lead in profiles in plastic material containing recycled rigid polyvinyl chloride intended for the manufacture of electric and electronic doors and windows.

Spain

21/02/2024

Order PJC/133/2024, of February 20, which modifies, with regard to exemptions relating to the use of lead and mercury, Annex IV of Royal Decree 219/2013, of March 22, on restrictions to the use of certain dangerous substances in electrical and electronic equipment.

Through this order, the following delegated directives are incorporated into Spanish law:

Delegated Directive (EU) 2023/1437 which modifies Annex IV of Directive 2011/65/EU regarding an exemption relating to the use of mercury in fusion pressure transducers for capillary rheometers under certain conditions and
Delegated Directive (EU) 2023/1526 amending Directive 2011/65/EU as regards an exemption for lead as a stabilizer thermal in polyvinyl chloride used as a base material in sensors used in in vitro diagnostic medical products.

Mexico

Hazardous substances and materials (dangerous goods)

On the 17^th February 2024, the Official Mexican standard NOM-002-SCT-SEMAR-ARTF-2023 on the list of hazardous substances and materials (dangerous goods), took effect and NOM-002-SCT2/2011 was cancelled.

It applies the mandatory way to shippers, transporters and recipients of dangerous goods transported by general means of land, air, and sea communication. The aim is to identify the dangerous goods transported, according to their class, danger division, secondary danger, number assigned by the United Nations Organization, the special provisions to which their transport must be subject, quantitative limits of limited quantities and permitted excepted quantities and corresponding instructions for the use of packaging, large packaging, intermediate bulk containers, large containers and packaging, portable tanks, multi-element gas containers and bulk containers and their special provisions.

Sustainability, circular economy and environment

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
French Ministry of Ecological Transition	12/01/2024	Order of December 13, 2023 listing the products concerned by the opening of an accreditation program for the certification of the European Union ecological label and repealing the order of March 23, 2022. This order aims to complete the list of products subject to the opening of an accreditation program for certification of the European Union ecological label. The list is as follow: Cosmetic and care products for animals; Textile detergents; Hand dishwashing detergents; Dishwasher detergents; Detergents for industrial dishwashers or intended for communities; Textile detergents for industrial use or intended for communities; Hard surface cleaning products; Growing media and soil conditioners; Absorbent hygienic protection products and reusable menstrual cups; Interior or exterior paints and varnishes.
European parliament	17/01/2024	Parliament has approved a directive that will improve product labelling and ban the use of misleading environmental claims. Its main points are: More accurate and reliable advertising Durability in focus The next steps is the approval from the European Council and after that it will be published in the Official Journal. Member states will have 24 months to transpose it into national law. For more information, Consult the European Parliament website here.
European Commission	19/01/2024	Commission Implementing Regulation (EU) 2024/288 of 18 January 2024 concerning the frequency of checks on wood packaging material carrying, protecting or supporting certain commodities from certain third countries.
European Commission	25/01/2024	European initiative: Watch list of surface-water pollutants The Commission will revise the watch list of surface water pollutants. This list aims to ensure that the levels of several potential chemical pollutants are monitored in surface waters across the Union, so that the risk they may pose is properly assessed and, if necessary, controlled through the appropriate means. Its status is in preparation.
European Commission	25/01/2024	European initiative: Export and import of hazardous chemicals – review of the list of chemicals subject to international trade rules The Commission intends to update the list of hazardous chemicals subject to certain rules when internationally traded. Its status is in preparation.
Scottish Minister	09/02/2024	The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.I. 2024 No. 42) These Regulations amend the Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (S.S.I. 2023/7) (the “principal Regulations”) to revise the definitions of “household packaging” and “exempt packaging”, and to clarify the division of responsibilities between brand owners, packer/fillers, importers and first UK owners, and distributors. These Regulations also amend the principal Regulations to require SEPA to publish a list of large producers and produce guidance in relation to the definition of “household packaging”, to require scheme operators to monitor the accuracy of the information provided by producers to a scheme and make other amendments. They come into force on the 1^st April 2024.
European Commission	14/02/2024	Council and Parliament strike provisional deal on the right to repair directive (R2R). The agreed legislation will make it easier for consumers to seek repair instead of replacement by making the access to repair services easier, faster, transparent, and more attractive. The scope of the directive to those products for which the EU legislation lays down reparability requirements (i.e., washing machines, dishwashers, refrigerators, or vacuum cleaners). In the future, the Commission can introduce reparability requirements for new products, through the eco-design regulation, which will then be added to the list of products covered by the R2R directive (Annex 2). It includes as main points: the possibility for consumers to request manufacturers to repair products. a European repair information form. a European Online Platform for repair. an extension of 12 months of the liability period of the seller after the repair of a product. The provisional agreement needs to be endorsed and formally adopted by both institutions.
European Commission	15/02/2024	European initiative: National Emission Reduction Commitments Directive – evaluation EU legislation on the reduction of national emissions of certain atmospheric pollutants sets commitments that each EU Member State must meet for five air pollutants that significantly harm human health and the environment. Its status is call for evidences.
European Commission	20/02/2024	Regulation (EU) 2024/590 of the European Parliament and of the Council of 7 February 2024 on substances that deplete the ozone layer, and repealing Regulation (EC) No 1005/2009.
European Commission	20/02/2024	Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014.
European Council	20/02/2024	A provisional political agreement on a proposal to set EU air quality standards with the aim of zero-pollution by 2050. On the other hand, it seeks to bring EU air quality standards in line with the World Health Organization (WHO) recommendations.
European commission	20/02/2024	European Commission updated its website related to The European Green deal. It added the agreements, strategy and recommendation which were published in February 2024. For more information, consult the European Commission website here.
European Council	20/02/2024	Final approval for the directive to empower consumers for the green transition The Council adopted a directive to empower consumers for the green transition. The new rules will enhance consumers’ rights by amending the unfair commercial practices directive (UCPD) and the consumer rights directive (CRD) and adapting them for the green transition and the circular economy. This means that the legislative act has been adopted and it will be published in the Official Journal of the European Union soon.
French Ministry of Ecological Transition	21/02/2024	Decree No. 2024-123 of February 20, 2024 regarding funds intended to finance the repair of products included in the principle of extended producer responsibility. Provisions relating to the repair of products covered by the principle of extended producer responsibility to which the funds dedicated to financing the repair refer. The provisions of the decree will come into force on the 1^st July 2024.
European Commission	01/03/2024	Proposal for a Directive of the European Parliament and of the Council concerning urban wastewater treatment (recast) - Letter to the Chair of the European Parliament Committee on the Environment, Public Health and Food Safety (ENVI)