European Commission Revised the Definition of Nanomaterials
On June 10, 2022, the European Commission revised the definition of nanomaterials in a new Recommendation. As a deliverable of the Chemicals Strategy for Sustainability, the new Recommendation supports a coherent EU regulatory framework for nanomaterials, helping to align legislation across all sectors. It is expected that different individual sectors will update their internal definition according to the revised definition after the new Recommendation is implemented. Each sector will proceed in accordance with its own timetable.
ECHA Proposed to Add 5 New Substances as POPs
On May 24, 2022, ECHA conducted a public consultation on 5 chemical substance expected to be or have been proposed to include in the list of Persistent Organic Pollutants (POPs). Comments can be made before July 19, 2022. Once these substances are officially listed in the Stockholm Convention, the European Commission will make amendments to the POPs Regulation according to the Stockholm Convention. The implementation of the POPs Regulation is expected to exert an influence on the manufacture, use and export of products containing these substances. Therefore, enterprises shall take appropriate measures as early as possible.
The European Union Proposed to Add Two Substances into Restricted Substances List under RoHS Directive
May 2022, the European Commission launched a public consultation on the restriction of the use of certain hazardous substances in electrical and electronic equipment (known as the RoHS-Directive), which recommended to add Tetrabromobisphenol A (TBBP-A) and medium-chain chlorinated paraffins (MCCPs) into the List of RoHS Restricted Substances. If this draft is approved, the number of the RoHS Restricted Substances will be increased from 10 to 12. The European Commission is planned to adopt the it in the fourth quarter of 2022 and the restriction measures of these two substances shall be subject to the final decision of the Commission.
CBAM may Apply to the Chemical Industry
The Committee on Environment, Public Health and Food Safety (ENVI) adopted their legislative report on the regulation establishing a Carbon Broader Adjustment Mechanism (CBAM) with 49 votes for, 33 against and 5 abstentions on May 17. According to the press released by the European Parliament, the CBAM legislative report, which is drafted by the ENVI and represents the stance of the European Parliament, has a broader scope and faster implementation compared with the Draft CBAM released by European Commission in July 2021.
F-gas Regulation is Facing Major Updates
In April 2022, the European Commission has released the proposal on fluorinated greenhouse gases (F-gas) was released by the EU, which would amend Directive (EU) 2019/1937 and repeal Regulation (EU) No 517/2014. This Regulation aims to further tighten the control on hydrofluorocarbons (HFCs) and fluorinated greenhouse gases (F-gas). If the revised Regulation gets approved, it will significantly influence enterprises that export fluorinated gases to the EU as well as enterprises that involve in pre-charged equipment such as refrigeration, air conditioners, and heat pump equipment charged with hydrofluorocarbons.
The European Union Added 39 Entries into the Annex VI to the CLP Regulation
The Committee for Risk Assessment (RAC) has adopted opinions and amendments to Annex VI to the CLP regulation, with 39 new entries added, 17 entries amended and 1 entry deleted. This amended Regulation shall enter into force on May 3, 2022, and will be implemented from November 23, 2023.
The European Union Added 22 Hazardous Substances to PIC for Export Notification
On 20 April 2022, the EU released the revised Prior Informed Consent (PIC Regulation) on the import and export of hazardous chemicals, which will start to apply from 1 July 2022. EU exporters will be required to notify their intentions to export 22 chemicals following an amendment to the PIC Regulation. The amendment also bans the export of four chemicals.
Interpretation on How to Properly Adopt Read-across Approach during Substance Registration and Matters Need Attention
As one of the most frequently used alternative methods for hazard assessment, the read-across approach has been widely adopted in chemical registration in many counties and regions. Take new substance registration in China for example, read-across is widely used in serial registration. When carrying out serial registration, enterprises shall provide physicochemical data of each substance as well as a complete set of data that consists of health toxicological data and eco-toxicological data of new substances in the group. Besides, enterprises should submit at least one same health toxicological and ecotoxicological data for each new substance.
ECHA Believes the Uses of Ten Phthalates have been Largely Phased Out in EU
Under the requirements of Article 69(2) of REACH Regulation, ECHA is required to consider whether the use of 10 phthalates should be restricted. After gathering information from various sources, ECHA has prepared a report with the view that the use of the above substances have been largely phased out in EU. Among the ten phthalates, the first seven entries in Annex XIV (33-39) of REACH have passed their sunset date of 4 July 2020 and the remaining three entries (44-46) have passed their latest application date of 27 August 2021. ECHA has not received any applications for authorisations for these substances.
Five Substances Added to Authorised Substances List under REACH
On 11 Apr. 2022, the European Commission has added 5 substances into the Authorised List by adopting the Commission Regulation COMMISSION REGULATION (EU) 2022/586 of 8 April 2022 regarding amending Annex XIV to REACH Regulation. This amendments will take effect from 1 May 2022.