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The Use of Formaldehyde and Formaldehyde-releasing Substances will be Restricted under REACH

from CIRS by

EU,REACH,Restriction,Formaldehyde,Revision,Substance,Chemical

On July 17, 2023, the European Union published Regulation (EU) 2023/1464 to amend the REACH Regulation by introducing a new restriction on formaldehyde released from articles under Annex XVII as entry 77. This new provision will come into effect 20 days after its publication in the Official Journal of the European Union.

This update can be seen as a comprehensive control measure by the EU to regulate formaldehyde, and the scope of applicable products is no longer limited to those containing boards; it now encompasses almost all lightweight consumer products, including but not limited to:

  • furniture;
  • toys;
  • baby and children's products;
  • tools;
  • stationery;
  • fitness equipment;
  • pet supplies; and
  • sanitary products.

The key amendments are as follows:

Name of Substance

Restriction Condition

77. Formaldehyde

CAS No 50-00-0

EC No 200-001-8

and formaldehyde-releasing substances

1. Shall not be placed on the market in articles, after August 6, 2026, if, under the test conditions specified in Appendix 14, the concentration of formaldehyde released from those articles exceeds:

(a) 0.062 milligram per cubic meter (mg/m3) for furniture and wood-based articles;

(b) 0.08 mg/m3 for articles other than furniture and wood-based articles.

The first subparagraph does not apply to:

  1. articles in which formaldehyde or formaldehyde-releasing substances are exclusively naturally present in the materials from which the articles are produced;
  2. articles that are exclusively for outdoor use under foreseeable conditions;
  3. articles in constructions, that are exclusively used outside the building shell and vapor barrier and that do not emit formaldehyde into indoor air;
  4. articles exclusively for industrial or professional use unless formaldehyde released from them leads to exposure of the general public under foreseeable conditions of use;
  5. articles for which the restriction laid down in entry 72 applies;
  6. articles that are biocidal products within the scope of Regulation (EU) No 528/2012 of the European Parliament and of the Council;
  7. devices within the scope of Regulation (EU) 2017/745;
  8. personal protective equipment within the scope of Regulation (EU) 2016/425;
  9. articles intended to come into contact directly or indirectly with food within the scope of Regulation (EC) No 1935/2004; and
  10. second-hand articles.

2. Shall not be placed on the market in road vehicles after August 6, 2027, if, under the test conditions specified in Appendix 14, the concentration of formaldehyde in the interior of those vehicles exceeds 0.062 mg/m3.

The first subparagraph shall not apply to:

  1. road vehicles exclusively for industrial or professional use unless the concentration of formaldehyde in the interior of those vehicles leads to exposure of the general public under foreseeable conditions of use; and
  2. second-hand vehicles.

The following points are worth noting regarding this regulation:

  • The applicable materials are not limited to sheet materials (particleboard, plywood, fiberboard); plastics, textiles, leather, and other materials are also within the scope of regulation.
  • The regulation applies to a wide range of products. It specifically mentions that even though toy products already have formaldehyde restriction requirements, they still need to comply with the newly added provisions.
  • The limit requirements are quite stringent. While the European Commission proposed a 36-month transition period between the effective date and the proposed restrictive measures' implementation, manufacturers still face urgent challenges in improving processes to meet the requirements.

The regulatory situation for formaldehyde in the EU market is becoming increasingly severe, and it is advisable for companies to conduct relevant investigations in advance to better meet market requirements. With an experienced team of experts and a comprehensive laboratory network. At CIRS we are able to provide you with complete REACH service solutions and various SVHC testing programs, to help you easily comply with REACH requirements.

If you need any assistance or have any questions, please get in touch with us at service@cirs-group.com.

  

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