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REACH Update nr. 4, 2023

PFAS

  • PFAS Discovered in YKK Waterproof Zippers 
  • ECHA receives more than 5 600 comments on PFAS restriction proposal
  • De chemie spreekt voor zich: Patagonia & Gore presenteren nieuw PFAS-vrij Gore-Tex ePE-membraan

POP PFHxS

  • EU – Addition of PFHxS, its salts and PFHxS related compounds to EU POPs Regulation
  • EU: Persistent Organic Pollutants (POPs), Regulation (EU) 2019/1021 – Amendment – (on listing of PFHxS, its salts and PFHxS-related compounds in Annex I) Regulation (EU) 2023/1608

Formaldehyde

  • EU: Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), Regulation (EC) 1907/2006 – Amendment – (on adding formaldehyde and formaldehyde releasers to Annex XVII) Regulation (EU) 2023/1464

Nikkel

  • EU Releases New Standard For Nickel EN 1811:2023

ECHA

  • ECHA to prepare restriction proposal on chromium (VI) substances
  • New task for ECHA to make batteries safer

SVHC

  • Six proposals to identify new substances of very high concern

USA

  • US: HB 3043 amendment to the Oregon Toxic-Free Kids Act (TFKA) 

PFAS
PFAS Discovered in YKK Waterproof Zippers 
Two years after announcing its transition to a green waterproofing technology for its zippers in 2021, Tokyo-based trim supplier YKK is still finding traces of per-and polyfluoroalkyl substances (PFAS) across its product lines writes Sourcing Journal. “For years, YKK has been working on removing PFAS from our products, initially focusing on water repellant chemicals because PFAS have historically been used within the apparel industry to make garments water resistant,” Chris Gleeson, vice president of YKK (U.S.A.) Inc. Global Marketing Group told Sourcing Journal. “More recently, YKK tested our entire supply chain for PFAS and realized that PFAS was in the paint used on some YKK products.”

Sourcing Journal adds: The company proactively notified its customers of this finding and transitioned to PFAS-compliant paint as of September this year, he added. “YKK has been diligently working to stay at the forefront of this complex and ever-changing regulatory landscape [and] will continue to monitor it to ensure we remain compliant,” Gleeson said. “We are committed to responsibly sourcing our materials and meeting PFAS regulations,” he said. U.S. lawmakers are advancing legislation that would outlaw the use of “forever chemicals” across many consumer products, from waterproof outerwear to non-stick pots and pans. The U.S. Environmental Protection Agency (EPA) has designated two of the most widely used PFAS chemicals, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA), as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), continues Sourcing Journal. 

ECHA receives more than 5 600 comments on PFAS restriction proposal
More than 4 400 organisations, companies and individuals submitted comments and information on the proposal to restrict per- and polyfluoroalkyl substances (PFAS) in the European Economic Area. Helsinki, 26 September 2023 – At the end of the consultation on 25 September, ECHA had received more than 5 600 comments from more than 4 400 organisations, companies and individuals. The comments will be checked by ECHA's scientific committees for Risk Assessment (RAC) and Socio-Economic Analysis (SEAC), and those providing relevant evidence-based information will be considered in the opinion making process.
The five countries who prepared the initial proposal will also review the consultation input and may update their initial proposal based on it.
Many comments submitted during the consultation are already published on ECHA’s website. Information indicated as confidential by the consultee is not made public. Comments received very close to the deadline are currently being processed and will be published shortly.

Next steps
RAC and SEAC are evaluating the proposed restriction and considering the relevant information received through the consultation. The committees develop their independent, scientific opinions over a series of meetings, where draft opinions are discussed. Attention is given to all aspects and impacted sectors.
ECHA will deliver the final opinions to the European Commission in the shortest possible timeframe, while ensuring proper scrutiny by the scientific committees. Once the committees adopt their opinions, they will be communicated to the public.
The Commission, together with the EU Member States, will decide on the restriction.

Background
The restriction proposal was prepared by authorities in Denmark, Germany, the Netherlands, Norway and Sweden. It was submitted to ECHA on 13 January 2023. It aims to reduce PFAS emissions into the environment and make products and processes safer for people. The six-month consultation ran from 22 March to 25 September 2023.

De chemie spreekt voor zich: Patagonia & Gore presenteren nieuw PFAS-vrij Gore-Tex ePE-membraan
Onder het motto "Great Chemistry" nodigden Patagonia en Gore-Tex afgelopen vrijdag gasten uit voor een informatief evenement in München. Het doel van het gezamenlijke evenement was om het nieuwe PFAS-vrije Gore-Tex ePE-membraan te presenteren en consumenten, winkeliers en de pers de mogelijkheid te bieden om vragen te stellen, schrijft FashionUnited. Lees meer>>

POP PFHxS
EU – Addition of PFHxS, its salts and PFHxS related compounds to EU POPs Regulation 
On 8 Aug 2023, the European Commission published Commission Delegated Regulation (EU) 2023/1608 to approve the regulation of perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds under Annex I to Regulation (EU) 2019/1021 (POPs Regulation). This regulation was approved as proposed and will enter into force on 28 Aug 2023, writes Intertek. Read more>>

EU: Persistent Organic Pollutants (POPs), Regulation (EU) 2019/1021 – Amendment – (on listing of PFHxS, its salts and PFHxS-related compounds in Annex I) Regulation (EU) 2023/1608
This EU Regulation implements the recent Decision that amended the Stockholm Convention on Persistent Organic Pollutants. Part A of Annex I of the EU Persistent Organic Pollutants (POPs) Regulation (EU) 2019/1021 is supplemented with a new entry reports Compliance and Risks. Read more>>

Formaldehyde
EU: Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), Regulation (EC) 1907/2006 – Amendment – (on adding formaldehyde and formaldehyde releasers to Annex XVII) Regulation (EU) 2023/1464
On 14 July 2023, the EU Commission adopted an amendment to the EU REACH Regulation and introduced a maximum emission limit for formaldehyde in a range of consumer products.  The emission limit is established at 0.062 mg/m3 of formaldehyde into indoor air for contributors such as wood-based articles and furniture and the interior of road vehicles, reports Compliance and Risks. Read more>>

Nikkel
EU Releases New Standard For Nickel EN 1811:2023
Please click here to read the new standard.

ECHA
ECHA to prepare restriction proposal on chromium (VI) substances
The European Commission has requested ECHA to prepare a REACH restriction proposal on certain chromium (VI) substances currently on the Authorisation List of substances of very high concern. Helsinki, 11 October 2023 – ECHA has received a mandate from the European Commission to prepare an Annex XV report for possible restriction of at least the chromium (VI) substances that are currently in entries 16 and 17 of the REACH Authorisation List (Annex XIV). ECHA will submit the proposal by 4 October 2024. Read more>>

New task for ECHA to make batteries safer
ECHA will support the European Commission in identifying substances of concern found in batteries or used in their manufacturing. It will also prepare proposals to restrict substances in batteries. Read more>>

SVHC
Six proposals to identify new substances of very high concern
The substances and examples of their uses ECHA publishes are:

USA
US: HB 3043 amendment to the Oregon Toxic-Free Kids Act (TFKA) 
The Oregon Toxic-Free Kids Act requires manufacturers of children’s products sold in Oregon to report products containing one or more High Priority Chemicals of Concern for Children’s Health (HPCCH) that are intentionally added at or above the practical quantification limit (PQL); or a contaminant with a concentration at or above 100ppm in accessible or inaccessible components, writes Intertek. Read more>>

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