3.2.2021 – the use of nonylphenol ethoxylates (NPEs) in textiles that are meant for consumers and placed on EU market is limited.

3.2.2021 – the use of nonylphenol ethoxylates (NPEs) in textiles that are meant for consumers and placed on EU market is limited.

Entry 46a
Nonylphenol ethoxylates (NPE) (C2H4O)nC15H24O
Conditions of restriction
1. Shall not be placed on the market after 3 February 2021 in textile articles which can
reasonably be expected to be washed in water during their normal lifecycle, in concentrations
equal to or greater than 0,01 % by weight of that textile article or of each part of the textile
article.
2. Paragraph 1 shall not apply to the placing on the market of second- hand textile articles or of
new textile articles produced, without the use of NPE, exclusively from recycled textiles.
3. For the purposes of paragraphs 1 and 2, “textile article” means any unfinished, semi-finished
or finished product which is composed of at least 80 % textile fibres by weight, or any other
product that contains a part which is composed of at least 80 % textile fibres by weight,
including products such as clothing, accessories, interior textiles, fibres, yarn, fabrics and
knitted panels.
https://echa.europa.eu/documents/10162/7dcd73a4-e80d-47c5-ba0a-a5f4361bf4b1
EU Inspections to Control the REACH Authorisation Duties 2021

EU Inspections to Control the REACH Authorisation Duties 2021

Inspectors will check whether the SVHCs subject to authorisation that have been placed on the market have been granted an authorisation by the European Commission. They will also check whether uses of these substances comply with the conditions set in the authorisation decisions. The inspections will be carried out in collaboration with national customs and authorities responsible for occupational safety and health legislation (OSH) and for environmental protection.
The enforcement activities for REF-9 will be carried out in 2021 and a report on their results will be available towards the end of 2022.
Inspections have also started in a pilot project on recovered substances. The project is the Forum’s first to examine the interface between REACH and the EU’s Waste Framework Directive. It focuses on the exemption that the recycling sector has from registering substances that they have recovered from waste. The project targets recovered substances that fulfil the end-of-waste status.
The pilot project inspections will be carried out in 2021, while the report with the results of the project is expected during summer 2022.

ECHA 22.1.2021
https://echa.europa.eu/-/authorisation-obligations-and-recovered-substances-in-the-scope-of-two-forum-enforcement-projects

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Candidate List updated with two chemicals that are toxic for reproduction

Candidate List updated with two chemicals that are toxic for reproduction

ECHA News 19.1.2021 https://echa.europa.eu/sk/-/candidate-list-updated-with-two-chemicals-that-are-toxic-for-reproduction

The Candidate List of substances of very high concern now contains 211 chemicals

Substances added to the Candidate List on 19 January 2021:

EC No.                 CAS No.              Substance name

205-594-7           143-24-8              Bis(2-(2-methoxyethoxy)ethyl)ether;

–                            –                            Dioctyltin dilaurate, stannane, dioctyl-, bis(coco acyloxy) derivs., and any other stannane, dioctyl-, bis(fatty acyloxy) derivs. wherein C12 is the predominant carbon number of the fatty acyloxy moiety.

Companies must follow their legal obligations and ensure the safe use of these chemicals. From January 2021 onwards, they also have to notify ECHA under the Waste Framework Directive if their products contain substances of very high concern. This notification is submitted to ECHA’s SCIP database and the information will later be published on the Agency’s website.

ECHA Candidate List: https://echa.europa.eu/candidate-list-table

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One-third of products claimed to be treated with biocides have incorrect labelling

One-third of products claimed to be treated with biocides have incorrect labelling

ECHA/NR/20/43; Helsinki, 16 December 2020
36 % of checked treated articles were found to be non-compliant with labelling requirements under the Biocidal Products Regulation.
The first coordinated enforcement project on biocides (BEF-1) run by the BPR Subgroup of the Forum (BPRS) focused on checking obligations for treated articles in 2019.
National enforcement authorities in 22 Member States inspected almost 1 200 companies and checked more than 1 800 treated articles including clothing, paints, bedding and chemical mixtures. 73 % of the treated articles were produced in the EU.
In 36 % of cases, the quality of information provided on the labels of the treated articles was inadequate. For 42 % of articles and 23 % of mixtures, basic information, such as the name of the biocidal active substance used for treatment of the product was missing.

BEF-1 Report

Ekotox Biocidal Products Services

CoRAP – Draft Community Rolling Action Plan update for years 2021-2023

CoRAP – Draft Community Rolling Action Plan update for years 2021-2023

Ekotox Centers

January 1, 2021

https://echa.europa.eu/documents/10162/9801478/draft_corap_update_2021-2023_en.pdf/fdb46fb0-21a2-1ab7-3ce2-74dbe509a60f?utm_source=echa-weekly&utm_medium=email&utm_campaign=weekly&utm_content=20201209

The  draft  is  for  an  annual  update  of  the  CoRAP  and  covers  the  three subsequent years 2021-2023.

It contains substances suspected of posing a  risk  to  human  health  or  the  environment.  Substance  evaluation  is  the process  under  REACH  Regulation  (EC)  No  1907/2006  (Articles  44  to  48) that allows for clarification of such potential risks1. The  draft  CoRAP  contains  three  new  substances  compared  to  the  current CoRAP 2020-2022.

58 substances are divided for evaluation in 2021, 2022 and 2023, 8 being planned for evaluation in 2021.

From the 60 substances currently included in the CoRAP update published on 18  March  2020,  the Member States identified  five for withdrawing  as, based on new information or changes of circumstances, evaluation is seen as low priority or unnecessary.

For year 2021 following substances will be under evaluation:

201-240-0    79-97-0        4,4′-isopropylidenedio-cresol;

202-025-4    90-93-7        4,4′-bis(diethylamino)benzophenone;

203-253-7                        4-methylanisole;

253-249-4     36878-20-3   Bis(nonylphenyl)amine;

283-044-5     84539-55-9   Acetic acid, oxo-, sodium salt, reaction products with ethylenediamine and phenol, iron sodium salts;

400-370-7                        6-(1-phenylethyl)-1,2,3,4-tetrahydronaphthalene;

405-420-1     n.a.              EDDHMAFEK;

938-828-8     n.a.              Iron(III) chloride, complex with reaction products of 2,2′-(ethane-1,2-diyldiimino)diacetic acid, formaldehyde, phenol and potassium hydroxide.

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Restriction ‘75 REACH – substances in tattoo inks or permanent make-up

Restriction ‘75 REACH – substances in tattoo inks or permanent make-up

COMMISSION REGULATION (EU) 2020/2081 of 14 December 2020
amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards substances in tattoo inks or permanent make-up
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32020R2081&from=EN

Substances falling within one or more of the following points:

(a) substances classified as any of the following in Part 3 of Annex VI to Regulation (EC) No 1272/2008:
— carcinogen category 1A, 1B or 2, or germ cell mutagen category 1A, 1B or 2, but excluding any such substances classified due to effects only following exposure by inhalation
— reproductive toxicant category 1A, 1B or 2 but excluding any such substances classified due to effects only following exposure by inhalation
— skin sensitiser category 1, 1A or 1B
— skin corrosive category 1, 1A, 1B or 1C or skin irritant category 2
— serious eye damage category 1 or eye irritant category 2

(b) substances listed in Annex II to Regulation (EC) No 1223/2009 of the European Parliament and of the Council

(c) substances listed in Annex IV to Regulation (EC) No 1223/2009 for which a condition is specified in at least one of the columns g, h and i of the table in that Annex

(d) substances listed in Appendix 13 to this Annex.

Shall not be placed on the market in mixtures for use for tattooing purposes, and mixtures containing any such substances shall not be used for tattooing purposes, after 4 January 2022 if the
substance or substances in question is or are present in the following circumstances:

(a) in the case of a substance classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 as carcinogen category 1A, 1B or 2, or germ cell mutagen category 1A, 1B or 2, the substance is present in the mixture in a concentration equal to or greater than 0,00005 % by weight;

(b) in the case of a substance classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 as reproductive toxicant category 1A, 1B or 2, the substance is present in the mixture in a concentration equal to or greater than 0,001 % by weight;

(c) in the case of a substance classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 as skin sensitiser category 1, 1A or 1B, the substance is present in the mixture in a concentration equal to or greater than 0,001 % by weight;

(d) in the case of a substance classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 as skin corrosive category 1, 1A, 1B or 1C or skin irritant category 2, or as serious eye damage category 1 or eye irritant category 2, the substance is present in the mixture in a concentration equal to or greater than:
(i) 0,1 % by weight, if the substance is used solely as a pH regulator;
(ii) 0,01 % by weight, in all other cases;

(e) in the case of a substance listed in Annex II to Regulation (EC) No 1223/2009 (*), the substance is present in the mixture in a concentration equal to or greater than 0,00005 % by weight;

(f) in the case of a substance for which a condition of one or more of the following kinds is specified in column g (Product type, Body parts) of the table in Annex IV to Regulation (EC) No 1223/2009, the substance is present in the mixture in a concentration equal to or greater than 0,00005 % by weight:
(i) “Rinse-off products”;
(ii) “Not to be used in products applied on mucous membranes”;
(iii) “Not to be used in eye products”;

(g) in the case of a substance for which a condition is specified in column h (Maximum concentration in ready for use preparation) or column i (Other) of the table in Annex IV to Regulation (EC) No 1223/2009, the substance is present in the mixture in a concentration, or in some other way, that does not accord with the condition specified in that column;

(h) in the case of a substance listed in Appendix 13 to this Annex, the substance is present in the mixture in a concentration equal to or greater than the concentration limit specified for that
substance in that Appendix.

HEMA – 2-Hydroxyethyl Methacrylate di-HEMA TMHDC – Ban on the sale of cosmetic nail products to consumers

HEMA – 2-Hydroxyethyl Methacrylate di-HEMA TMHDC – Ban on the sale of cosmetic nail products to consumers

COMMISSION REGULATION (EU) 2020/1682 of 12 November 2020 amending Annex III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32020R1682&from=EN

Cases of sensitisation to nail products containing HEMA and Di-HEMA TMHDC reported in some Member States lead the Commission to the conclusion that there is a risk that such products may be applied with insufficient precision, causing contact with the skin adjacent to the nail plate.

Cosmetic products containing HEMA or di-HEMA TMHDC

From 3 June 2021 products containing that substance and not complying with those conditions shall not be placed on the Union market.

From 3 September 2021 products containing that substance and not complying with those conditions shall not be made available on the Union market.

Wording of conditions of use and warnings:

For professional use only

Can cause an allergic reaction

EU Cosmetics Legislation and Requirements

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1 in 4 imported products found to be non-compliant with REACH and CLP

1 in 4 imported products found to be non-compliant with REACH and CLP

September 28

ECHA’s Enforcement Forum

https://echa.europa.eu/sk/-/1-in-4-imported-products-found-to-be-non-compliant-with-reach-and-clp

Helsinki, 24 September 2020 – National enforcement authorities and customs inspectors in 16 Member States checked almost 1 400 products, with more than 300 (23 %) found to be non-compliant with certain obligations under REACH and the Classification, Labelling and Packaging (CLP) regulations. The products were checked at strategic entry points in these countries, such as airports and harbours but also at inland customs offices.

The majority of checks addressed compliance with REACH restriction obligations, focusing on the presence of the restricted substances cadmium, lead and nickel in articles. Of the 1 225 checks for restricted substances, 17 % of the products had amounts of the restricted substances above the required limit. This rate is similar to those reported in the Forum’s previous project on restrictions (REF-4) conducted in 2016. The highest rate of non-compliance was for cadmium detected in jewellery.

The majority of the products were checked for restriction obligations (79 %) and those found to be non-compliant (74 %) mostly came from China, as well as from the United Arab Emirates, India, Thailand, North Macedonia and Madagascar. Importers of articles containing chemical substances must ensure that products placed on the EU market are compliant with REACH obligations.

https://echa.europa.eu/documents/10162/13555/customs2_project_report_en.pdf/5a2c3795-7ed9-5900-fe28-540228abc7c1

Under this pilot project, cooperation with the customs authorities for better enforcement of the REACH and CLP regulations has been examined. Selected controls were performed on products before they enter the European Single Market. These products were mostly:

(a) articles for which the presence of a substance restricted by REACH Annex XVII was checked, for example jewellery and other metal and plastic articles; and

(b) mixtures, for which the classification and packaging requirements were examined.

The primary scope of this project was to check the compliance of imported goods during the time when they were still under customs supervision and to prohibit the entrance of non-compliant products to the European market.


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Vertebrate animal testing on cosmetic ingredients

Vertebrate animal testing on cosmetic ingredients

ECHA Board of Appeal Helsinki, 18 August 2020

https://echa.europa.eu/about-us/who-we-are/board-of-appeal

The Board of Appeal found that the REACH Regulation requires registrants to perform studies on vertebrate animals even if the substance is used exclusively as an ingredient in cosmetic products. The REACH Regulation does not contain an automatic exemption from the information requirements for registration if a substance is used as an ingredient in cosmetic products. A registrant can benefit from an exemption only if it shows that the conditions for an adaptation (for example, a waiver for the studies) are fulfilled.

This conclusion is consistent with the Cosmetics Regulation. The Cosmetics Regulation contains restrictions for vertebrate animal testing on the ingredients of cosmetic products. These restrictions, however, do not prevent registrants from carrying out tests in order to comply with the information requirements of REACH.

https://echa.europa.eu/documents/10162/23010712/a-009-2018_decision_en.pdf/237e31c9-2801-c160-7e5b-7ce81a3b7f17

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22 hazardous chemicals added to EU regulation on imports and exports

22 hazardous chemicals added to EU regulation on imports and exports

ECHA/NR/20/26

Exporters of the substances now have to notify their designated national authority before exporting them. In most cases, consent from the importing country is also needed. In addition, exports from the EU of a series of mercury-containing articles, such as fluorescent lamps, have also been banned.

https://echa.europa.eu/-/22-hazardous-chemicals-added-to-eu-regulation-on-imports-and-exports

19 new entries containing 22 substances are now subject to export notifications under the PIC Regulation. Three of the entries (diquat, glufosinate and propineb) cover two substances each.

EU exporters who want to export any of the substances after 1 September 2020, as such or in mixtures, need to notify their designated national authority of their intention at least 35 days before the date of their first export.

20 of the 22 substances also need consent from the authorities of the importing country before they can be exported.

The majority of the 22 substances have been added to the PIC Regulation because they are banned as active substances in plant protection products within the EU. Some are also severely restricted under the Biocidal Products Regulation and, approved only for a limited number of biocidal products. One substance (imidacloprid) is also used in veterinary medicinal products.

COMMISSION DELEGATED REGULATION (EU) 2020/1068 of 15 May 2020

amending Annexes I and V to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32020R1068&from=EN

Annex I to Regulation (EU) No 649/2012 is amended by these substances:

(1) in Part 1, in the table, the following entries are added:

Chemical CAS No EC No CN code Category Use limitations
‘Chlorothalonil 1897-45-6 217-588-1 ex 2926 90 70 p b
Chlorpropham 101-21-3 202-925-7 ex 2924 29 70 p b
Clothianidin 210880-92-5 n.a. ex 2934 10 00 p sr
Desmedipham 13684-56-5 237-198-5 ex 2924 29 70 p b
Dimethoate 60-51-5 200-480-3 ex 2930 90 98 p b
Diquat, including diquat dibromide 2764-72-9

85-00-7

220-433-0 201-579-4 ex 2933 99 80 p b
Ethoprophos 13194-48-4 236-152-1 ex 2930 90 98 p b
Fenamidone 161326-34-7 n.a. ex 2933 29 90 p b
Flurtamone 96525-23-4 n.a. ex 2932 19 00 p b
Glufosinate, including glufosinate-ammonium 51276-47-2 77182-82-2 257-102-5 278-636-6 ex 2931 39 90 p b
Oxasulfuron 144651-06-9 n.a. ex 2935 90 90 p b
Propineb 12071-83-9 9016-72-2 235-134-0 ex 2930 20 00 p b
Pymetrozine 123312-89-0 n.a. ex 2933 69 80 p b
Quinoxyfen 124495-18-7 n.a. ex 2933 49 90 p b
Thiamethoxam 153719-23-4 n.a. ex 2934 10 00 p sr
Thiram 137-26-8 205-286-2 ex 2930 30 00 p sr’

in Part 3, in the table, the following entries are added:

Chemical Relevant CAS number (s) HS code

Pure substance

HS code Mixtures containing substance Category
‘Hexabromocyclododecane 25637-99-4, 3194-55-6, 134237-50-6, 134237-51-7, 134237-52-8 and others 2903.89   Industrial
Phorate 298-02-2 2930.90 3808.50 Pesticide’

In Annex V to Regulation (EU) No 649/2012, the table of Part 2 is amended as follows: (1) in entry 3, the following text is added:

Description of chemicals/article(s) subject to export ban Additional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)
‘— Mercury (II) sulphate (HgSO4);

— Mercury (II) nitrate (Hg(NO3)2).

CAS RNs 7783-35-9, 10045-94-0

EC Nos 231-992-5, 233-152-3’;

(2) the following entries are added:

REGULATION (EU) No 649/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 concerning the export and import of hazardous chemicals

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012R0649&from=EN


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