On July 14, 2023, the European Commission adopted Commission Regulation (EU) 2023/1464, which amends Annex XVII to Regulation (EC) No 1907/2006 (REACH) regarding the use of formaldehyde and formaldehyde-releasing substances. The new regulations introduce additional restrictions on the emission of this substance from various products placed on the EU market to better protect consumer health from its harmful effects.
Formaldehyde is widely used in many products and materials, but it is also classified as a hazardous substance, including one with carcinogenic properties. Therefore, the European Union has decided to tighten regulations regarding its presence in products and emissions into indoor air.
The new regulations aim to reduce consumer exposure to formaldehyde, especially in closed environments such as homes and vehicle interiors. The regulation entered into force 20 days after its publication in the Official Journal of the EU and is directly applicable in all member states.
In accordance with the content of the new restriction: Formaldehyde and formaldehyde-releasing substances:
1. Shall not be placed on the market in articles, after 6 August 2026, if, under the test conditions specified in Appendix 14, the concentration of formaldehyde released from those articles exceeds:
(a) 0,062 mg/m3 for furniture and wood-based articles;
(b) 0,080 mg/m3 for articles other than furniture and wood-based articles.
The first subparagraph shall not apply to:
(a) articles in which formaldehyde or formaldehyde releasing substances are exclusively naturally present in the materials from which the articles are produced;
(b) articles that are exclusively for outdoor use under foreseeable conditions;
(c) articles in constructions, that are exclusively used outside the building shell and vapour barrier and that do not emit formaldehyde into indoor air;
(d) articles exclusively for industrial or professional use unless formaldehyde released from them leads to exposure of the general public under foreseeable conditions of use;
(e) articles for which the restriction laid down in entry 72 applies;
(f) articles that are biocidal products within the scope of Regulation (EU) No 528/2012 of the European Parliament and of the Council (*);
(g) devices within the scope of Regulation (EU) 2017/745;
(h) personal protective equipment within the scope of Regulation (EU) 2016/425;
(i) articles intended to come into contact directly or indirectly with food within the scope of Regulation (EC) No 1935/2004;
(j) second-hand articles. 2. Shall not be placed on the market in road vehicles after 6 August 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.
2. Shall not be placed on the market in road vehicles after 6 August 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:
(a) 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;
(b) second-hand vehicles.
Source: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32023R1464
Ekotox website: https://ekotox.eu/restrictions/
