REACH Update nr. 2, 2023

MODINT International Restricted Substances List February 2023

Please find hereby the latest REACH alert with various interesting topics. First of all click here for a completely revised version of the MODINT German Fashion International Restricted Substances List February 2023. We would also like to make you aware of an upcoming webinar organized by ECHA on the upcoming PFAS restriction and the consultation round. MODINT will participate in this consultation round. MODINT has also been in contact with various members dealing with the new French legislation on Mineral oil regulation for packaging (MOHS and MOAH). Please find below a survey which you can use towards your packaging suppliers. We hope that all this information helps you further and in case of questions please do not hesitate to contact Antonio F. Barberi Ettaro. 
 

REACH revision

• H&M urges EU to review REACH regulations 

PFAS alternative

• New non-fluorinated repellent tech for fabrics (AGC Chemicals Americas)
• EU funds project to find PFAS alternatives 

PFAS consultation: ECHA Webinar 5 th of April 1100 hours Helsinki times

• Webinar: Restriction of per- and polyflueroalkyl substances (PFASs)
• PFAS public consultation ECHA
• PFAS restriction proposal

PFAS in the news

• ChemSec helps businesses map PFAS hotspots ahead of EU ban
• Brands worth more than €130 billion want the EU to ban PFAS chemicals

Other EU REACH ECHA consultations and upcoming regulations

• Consultation on SEAC’s draft Opinion on the DMAC and NEP restriction
• Consultation on polyvinyl chloride (PVC) and PVC
• REACH Committee positive on the restriction on formaldehyde and formaldehyde releasers
• Flame Retardants: Publication on Regulatory Strategy for Flame Retardants
• France: Mineral oil regulation for packaging

REACH revision
H&M urges EU to review REACH regulations 
Swedish fashion company H&M has again called for an urgent review of the European Union’s REACH regulations which govern the manufacture and import of chemical substances. H&M has sent a second letter to the EU, calling for a revision of REACH as soon as possible, after an earlier letter, sent to EU president Ursula von der Leyen in December by H&M and 21 co-signees, failed to elicit the desired response. The latest letter calls for more progressive chemicals legislation and includes three key demands - an ambitious REACH revision, an integrated hazard-based approach and improved chemical transparency. The letter goes on to say that the textile industry faces a major hurdle due to “insufficient information on chemical products from chemical suppliers.” H&M advises that the primary information about chemical ingredients, which is shown on a safety data sheet, does not provide enough information on the chemical content, reports Eco-textile News. Read more (notice you may need a login to read the complete article). 

PFAS alternative
New non-fluorinated repellent tech for fabrics (AGC Chemicals Americas)
US firm AGC Chemicals Americas (AGCCA) has entered a joint development agreement with Dryfiber, headquartered in Los Angeles, US, to commercialise a new oil and water repellent technology. According to Pennsylvania-based AGCCA, Dryfiber coatings are the industry’s first non-fluorinated repellent for woven and nonwoven fabrics. When applied to fabrics and carpets, the coating repels many types of stains and oils. Mario Vincenzini, material technology manager, chemicals, AGC Chemicals Americas, said: “The joint development is strategic for both AGCCA and Dryfiber. We can provide the technical expertise required to optimise product performance, which pairs well with Dryfiber’s commercial relationships and market presence.” The Dryfiber polymer chemistry was developed by Cornell University, Ithaca, New York (US). AGCCA said when a thin polymeric coating is applied to textiles, it imparts a microscopically rough texture that creates a chemical barrier.

The coating resists stains from oils while maintaining the fabric’s feel and softness, it added. Fluids then bead up on the treated fabrics and carpets so they can be easily cleaned. Dryfiber coatings are designed for industrial fabrics, apparel, upholstery, automotive textiles and carpets. AGCCA said they can be applied as a dip or spray-coated and serve as a high-performance alternative to fluorinated repellent technologies. Greg Lucci, founding partner of Dryfiber, said: “The textile market has shown great interest in adopting our non-PFC technology to deliver water and oil repellency as a drop-in solution. “AGC is an ideal partner for us because their knowledge and experience are key to the further development and commercialisation of Dryfiber technology.” WTiN has been tracking the upwards trajectory of non-fluorinated repellents across the textile & apparel industry and last year reported on the release of PHOBOTEX R-ACE by Huntsman Textile Effects. According to the company, the PFC-free durable water repellent makes it possible for brands to deliver high-performance apparel while meeting environmental standards. Read more>>

EU funds project to find PFAS alternatives 
A European Union (EU) funded research programme has been launched to develop methodologies to phase out the use of per- and polyfluoroalkyl substances (PFAS) in products including textiles.The ZeroF project brings together 12 research and industrial partners who will collaborate to develop 'safe-and-sustainable-by-design' coating alternatives to replace PFAS compounds in textiles and food packaging writes Eco-textile News. Read more (notice you may need a login to read the complete article).

PFAS consultation: ECHA Webinar 5 th of April 1100 hours Helsinki times
Webinar: Restriction of per- and polyflueroalkyl substances (PFASs)
The six-month consultation on the proposed universal restriction of PFASs is planned to start on 22 March 2023. The consultation is open for anyone to give evidence-based comments on the restriction proposal. This info session explains the restriction process and helps those interested to take part in the consultation. Follow it from our home page on 5 April at 11:00 Helsinki time. No registration is required. You will be able to submit questions to the expert panel before the event. Follow our news to know when we open the form for questions. Read more>>

PFAS public consultation ECHA
The European Chemicals Agency (ECHA) launched today its 6-month public consultation on PFAS. Compared to the pre-published restriction report, the updated proposal includes the following changes relevant for the textile sector:

1. It is clarified that the PFAS proposal does not cover the use of PFASs in fire-fighting foams, which is assessed in a separate restriction proposal. However, no reference or clarification on the relation with PFHxA restriction is made.  
2. From page 153, new information is added on medical devices, including hernia meshes and wound treatments. For these applications, 12-year derogation could be considered, however concerns revolve around emissions and no evidence on the amount of emissions this derogation would bring.
3. From page 156, new information is added on the transport sector. This includes “applications affecting the proper functioning related to the safety of vehicles, and affecting the safety of operators, passengers or goods”. It is outlined that 12-year derogation is proposed, however there is no evidence available of the exact amount of additional emissions this derogation would bring.
4. The changes mentioned in points 2 and 3 are also echoed in Table 13, which gives an overview of the comparison of RO1 and RO2.

In case of any questions, please contact Antonio Barberi Ettaro.

PFAS restriction proposal
EURATEX informs that the European Chemicals Agency (ECHA) pre-published the PFAS restriction proposal (for more info and Annexes please see ECHA page and press release). ECHA will also organise an information session on 5 April 2023. Based on first glance, the Dossier Submitters support some time-limited derogations to PPE Category III (especially for professional firefighting activities), impregnation agents for re-impregnation of articles, and textiles used in filtration and separation media. Additionally, the proposal puts forward potential derogations for textiles used in engine bays and some medical applications, which would be considered after the public consultation. However, there are no derogations for PPE designed specifically for armed forces or other emergency response workers, high visibility clothing or a clear derogation for woven, knitted and nonwoven medical textiles. The proposal also does not support any larger technical textile derogation nor PPE Categories I and II.

PFAS in the news
ChemSec helps businesses map PFAS hotspots ahead of EU ban
The EU’s plans to ban PFAS will have a huge impact on companies globally. Perhaps even more than expected, as many manufacturers are unaware that they may have PFAS chemicals in their product line. ChemSec’s new online tool — PFAS Guide — helps solve this problem, writes Chemsec. Read more>>

Brands worth more than €130 billion want the EU to ban PFAS chemicals
March 23rd, the discussions on the upcoming ban of PFAS chemicals in the European Union start. Through an advocacy campaign from environmental NGO ChemSec, over a hundred consumer brands worth more than €130 billion strongly support a comprehensive ban on these harmful chemicals. Many companies are taking a stand against PFAS chemicals as the EU invites the public to give its opinions on the proposed ban on these harmful chemicals.
108 companies dedicated to phasing out PFAS chemicals from products and processes have joined the PFAS Movement, an advocacy campaign initiated by environmental NGO ChemSec that calls for comprehensive regulation of PFAS in the EU, writes Chemsec. Read more>>

Other EU REACH ECHA consultations and upcoming regulations
Consultation on SEAC’s draft Opinion on the DMAC and NEP restriction
The European Chemicals Agency (ECHA) has launched the consultation on SEAC’s draft Opinion on the DMAC and NEP restriction.

SEAC puts forward the following restriction conditions:

DMAC

1. Shall not be placed on the market as a substance on its own, as a constituent of other substances, or in mixtures in a concentration equal to or greater than 0.3 % after [date3] unless manufacturers, importers and downstream users have included in the chemical safety reports and safety data sheets, Derived No-Effect Levels (DNELs) relating to exposure of workers of 13 mg/m3 for long-term exposure by inhalation and 1.8 mg/kg bw/day for long-term dermal exposure.
2. Shall not be manufactured, or used, as a substance on its own, as a constituent of other substances, or in mixtures in a concentration equal to or greater than 0.3 % after [date as in paragraph 1] unless manufacturers and downstream users take the appropriate risk management measures and take the appropriate operational conditions to ensure that exposure of workers is below both the DNELs specified in paragraph 1
3. The entry into force of the restriction: paragraph 1 and 2 shall apply after 18 months as proposed by the Dossier Submitter, however, after 4 years for the companies in Man-Made Fibre sector.

NEP

1. Shall not be placed on the market as a substance on its own, as a constituent of other substances, or in mixtures in a concentration equal to or greater than 0.3 % after [date] unless manufacturers, importers and downstream users have included in the chemical safety reports and safety data sheets, Derived No-Effect Levels (DNELs) relating to exposure of workers of 4.0 mg/m3 for long-term exposures by inhalation and 2.4 mg/kg/day for long-term dermal exposure.
2. Shall not be manufactured, or used, as a substance on its own, as a constituent of other substances, or in mixtures in a concentration equal to or greater than 0.3 % after [date as in paragraph 1] unless manufacturers and downstream users take the appropriate risk management measures and take the appropriate operational conditions to ensure that exposure of workers is below both the DNELs specified in paragraph 1.

While the ECHA’s usual webform is currently not open yet, based on the Information Note, in addition to general questions there is also the following question:
RAC has agreed a higher long-term dermal DNEL value than originally proposed by the Dossier Submitter, i.e. 1.8 mg/kg bw/day instead of 0.53 mg/kg bw/day.
a) Could the risk management measures already in place at your site(s) ensure compliance with the agreed higher DNEL value?
b) If not, what action(s) should be taken? What would be the costs of such action(s)?

Consultation on polyvinyl chloride (PVC) and PVC
The European Chemicals Agency (ECHA) has launched a call for evidence consultation on polyvinyl chloride (PVC) and PVC additives after a request from the Commission.

According to the background note, the call for evidence aims to gather specific information on the substances used in PVC, uses, exposures, recycling, other waste stage activities, alternatives and potential costs of alternatives and costs of potential regulatory measures. More specifically, ECHA is looking for information on 1) substances that can be used as alternatives to the currently used ‘additives in focus’ in PVC and 2) additives used in alternative plastics to PVC. More information: list of substances concerned, tentative list of additives used, tentative alternatives and additives in focus.In the tentative list of additives used document, it is outlined that for the functions of heat stabilisers, plasticisers and/or flame retardants in textiles the end uses are wellingtons, ski boots, soles/bottoms, rain covers, clothing and accessories (including artificial leather). Furthermore, furniture applications are also listed.

REACH Committee positive on the restriction on formaldehyde and formaldehyde releasers
EURATEX informs that the REACH Committee gave a positive opinion to the restriction on formaldehyde and formaldehyde releasers (text and Annex) with 26 Member States in favour and 1 against. The text was now forwarded to the European Parliament and the Council who have until 13 May 2023 to object. If no objections are raised, then the Regulation will be published in the EU Official Journal and enter into force.

Flame Retardants: Publication on Regulatory Strategy for Flame Retardants
MODINT informs that ECHA has published its Regulatory Strategy for Flame Retardants. Section 2 of the document outlines the uses for the textile sector. It is highlighted that the global textile flame retardants market is driven by the increasing demand for fire retardant fabrics from various end-use industries, such as defence, transportation, and industrial manufacturing.The polyester application held the largest revenue share of 39.5% in 2019 and is anticipated to maintain its dominance over the forecast period while cotton is expected to be the second-largest and polyurethane (PU) is likely to witness the fastest growth over the forecast period.

According to the ECHA press release, the restriction scope could cover all aromatic brominated flame retardants that are confirmed or will be confirmed to be persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB) through harmonised classification or identification as substances of very high concern (SVHCs).Before a potential restriction proposal, preparatory work would include an assessment of the waste stage to find out if hazardous substances are released when products containing flame retardants are dismantled, recycled, or disposed of. It could also include an assessment of the availability of suitable alternative substances or materials.Timeline wise any potential process for restriction is not expected to be initiated before 2025. This is due to awaiting data on aliphatic brominated and the organophosphorus flame retardants, which is expected to come in from 2024 onwards. For now, ECHA proposes to reassess the situation for these groups of flame retardants in 2025 and revise the strategy accordingly.

France: Mineral oil regulation for packaging
France: legislation on mineral oils in ink (MOAH/MOHS) used in packaging and printing.The French Ministry of Ecological Transition released new regulation applied only in France which is mineral oils in ink used in packaging and printing to be handed over to customer are prohibited from Jan. 2023. Click here for more detailed information on this new legislation

MODINT has been in contact with its German colleague expert on this subject. We advise you to contact your supplier of packaging that may contain these chemicals. You can also send this survey  to your packaging supplier. Not much is known about it now, it is specific French legislation. In Germany they have been able to block such legislation. Not all test institutes are able to test on MOHS and MOAH. We have heard that TÜV is able to perform these tests. For your information, please click here to find their service. 

More information: Antonio Barberi Ettaro.