Europe Regulatory News

On 10 June 2022, the European Commission released a new recommendation updating the definition of nanomaterials that should inform EU legislation on the topic. A deliverable of the EU Chemicals Strate...

On 10 June 2022, the European Commission released a new recommendation updating the definition of nanomaterials that should inform EU legislation on the topic. A deliverable of the EU Chemicals Strategy for Sustainability, this new recommendation updates the definition established in Recommendation 2011/696/EU. Being set out in Commission recommendations, the definitions are not binding, but they orient the application of relevant legislation and can be used in binding rules and regulations.

The new definition clarifies the characteristics of particles composing nanomaterials. While the 2011 Recommendation only defined them in general terms, the new one specifies rules for particles having elongated or plate-like shapes.

The new definition also eliminates a flexibility clause relative to the threshold for the amount of particles under a certain size. In the 2011 Definition, the general rule was that nanomaterials were materials composed of at least 50% of said particles. However, in cases justified on environmental, health, safety or competitiveness grounds, lower thresholds may apply. The possibility of establishing lower thresholds is not included in the new recommendation. This is expected to minimize the potential for divergence between different legal frameworks.

While the definition is not binding, it will orient the development of the legal framework, for instance, in relation to upcoming reviews of general and product-specific chemicals legislation.

On June 22, 2022, the European Parliament adopted its negotiating position on the European Commission’s proposal for a regulation establishing a Carbon Border Adjustment Mechanism (CBAM). In the...

On June 22, 2022, the European Parliament adopted its negotiating position on the European Commission’s proposal for a regulation establishing a Carbon Border Adjustment Mechanism (CBAM).

In the EU, certain industrial sectors must purchase the right to emit greenhouse gases through a system known as the Emissions Trading Scheme. However, stakeholders have expressed concerns that this puts EU producers at a disadvantage, and that the relocation of industrial activities prevents the attainment of emission reduction objectives.

The CBAM would address these concerns by requiring importers to purchase certificates (“CBAM certificates”) reflecting the price of carbon that they would have paid if their products had been produced in the European Union. Among other issues, the Commission’s proposal includes details on the covered products, the calculation of their embedded emissions, and the price of CBAM certificates.

While the European Parliament has overall welcomed the Commission’s draft regulation, it has proposed some amendments to its coverage and timeline. In addition to the product scope proposed by the Commission (iron and steel, aluminium, electricity, cement, organic basic chemicals and fertilizers), the Parliament is proposing to make the system applicable to hydrogen, polymers (i.e. plastics), and organic chemicals. In relation to organic chemicals and polymers, the proposed amendments would see the Commission carry out a study to assess their specific challenges. The Commission would then be able to propose technical adjustments or the delay of the CBAM entry into force relative to these product groups.

Other proposed changes concern the allocation of revenues raised through the scheme, the implementing authority, and the basis for the calculation of embedded emissions. Negotiations between Parliament and the Council of the EU, representing the Member States, will now begin. Both institutions must agree on a final text. The adoption of Parliament’s common position has seen delays in the initial vote, which was scheduled for June 8. This reflects the contentious nature of the proposal, which therefore might still see important changes before becoming law.

The European Commission opens consultation till July 8, 2022, on the exemption of hexavalent chromium usage. According to the proposal, the exemption of the use of hexavalent chromium as an anticorros...

The European Commission opens consultation till July 8, 2022, on the exemption of hexavalent chromium usage. According to the proposal, the exemption of the use of hexavalent chromium as an anticorrosion agent in gas absorption heat pumps (GAHPs) will end on December 31, 2026.

This consultation is under Annex III of the Directive on the restriction of hazardous substances (RoHS) in electronic and electrical equipment. The exemption is due to the unavailability of other anticorrosion agents. Also, other heat pumps that are available have less energy efficiency.

The Commission evaluates that with this exemption, about 38g of hexavalent chromium will be used per GAHP and around 1,400 kg would be placed on the market annually.

Generally, some hazardous substances are restricted in Electrical and Electronic Equipment (EEE) under the Directive of RoHS. However, specific, and time-limited exemptions can be granted for substances when requested by stakeholders, as long as the request/substance meets the necessary criteria.

On the 15th of June 2022, the European Commission notified its draft decision to not approve methylene dithiocyanate as an existing active substance to be used in biocidal products of product-type 12....

On the 15^th of June 2022, the European Commission notified its draft decision to not approve methylene dithiocyanate as an existing active substance to be used in biocidal products of product-type 12. This is in accordance with Regulation (EU) No 528/2012 of the European Parliament and the Council.

This new decision means that biocidal products of product-type 12 containing methylene dithiocyanate are not expected to meet the criteria laid down in Article 5(1) for specific points. It is quite challenging to confirm the minimum purity of the active substance and to set a reference specification for the substance considering applicants’ inability to submit data of an excellent quality to meet data requirements in points 2.7, 2.8, and 4.1.

Point 2.7: Specification of purity of the active substance in g/kg or g/l, as appropriate

Point 2.8: Identity of impurities and additives together with the structural formula and the possible range expressed as g/kg or g/l, as appropriate.

Point 4.1: Analytical methods for the determination of the pure active substance and where appropriate, for relevant degradation products, isomers, and impurities of the active substance and additives.

All these points are of Title II of Annex IIA to Directive 98/8/EC. It is also impossible to confirm that the materials used to conduct ecotoxicological studies cover the presented specifications and to conclude on the impurities’ relevance since there is no ecotoxicological data.

Additionally, an environmental risk assessment identified unacceptable risks and there is no suitable risk mitigation measure to adopt. The proposed date of adoption is September 2022 and entry into force will be 20 days from its publication in the Official Journal of the EU.

The European Commission’s Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) consults on its opinion regarding the safety of titanium dioxide in toys until July 4, 2022. Co...

The European Commission’s Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) consults on its opinion regarding the safety of titanium dioxide in toys until July 4, 2022.

Considering the classification of titanium dioxide in the EU as a category 2 carcinogen via inhalation, SCHEER had to evaluate available products to ascertain the level of safety in using the substance in toys and toy materials. The conclusion of their evaluation says toys containing titanium dioxide are considered safe if manufacturers prove that the products contain no ultrafine particles.

Titanium dioxide is a substance used in white pigments and inhalation exposure can occur with products that release particles. Therefore, when ultrafine particles are present in the products, SCHEER suggested that safe use should not be indicated for casting kits, chalks, and powder paint. However, the use of titanium dioxide as a colouring agent for polymers in toys poses no risk since the pigment for such is locked in. But if it is not embedded in polymer, substance release is highly possible.

For finger paints, white colour pencils, lipstick and lip gloss, SCHEER do not affirm them as safe for use for children. The hazard characterization for immunotoxic, genotoxic, and carcinogenic activity is highly uncertain.

The European Commission plans to put a stop to the REACH restriction procedure for cobalt salts while focusing on setting occupational exposure limits (OELs) for the compound. This decision follows a ...

The European Commission plans to put a stop to the REACH restriction procedure for cobalt salts while focusing on setting occupational exposure limits (OELs) for the compound. This decision follows a debate on how best to manage risks for the compounds.  

This concerns five cobalt salts that were already due to become substances under REACH authorization. However, the Commission decided that it will be better and more suitable to restrict them. Therefore, cobalt salts now have a binding OEL under Osh legislation and this will protect workers better than before.

Cobalt salts are used for manufacturing chemicals, batteries, catalysts, biogas, and feed-grade materials. The fourth revision to the carcinogens, mutagens and reprotoxic substances Directive (CMRD) includes the Commission’s obligation to propose a limit value for cobalt and inorganic cobalt compounds latest by December 31, 2024.

ECHA’s Committee for Risk Assessment (RAC) has expressed its support for restricting the use of lead in ammunition for hunting, outdoor sports shooting, and fishing by adopting its opinion on ECHA�...

ECHA’s Committee for Risk Assessment (RAC) has expressed its support for restricting the use of lead in ammunition for hunting, outdoor sports shooting, and fishing by adopting its opinion on ECHA’s proposal to restrict the use of lead for relevant activities. The use of lead in these situations is reckoned as posing non-adequately controlled threats to people, wildlife, and the environment, especially for birds.

Once adopted, this restriction would reduce lead emissions by 72% compared to previously non-restricted situations, preventing the poisoning of wildlife, including many endangered species, and reducing exposure to vulnerable population groups.

The restriction proposal was developed at the request of the European Commission, in line with the EU’s Green Deal, its Chemicals Strategy for Sustainability, and the Zero Pollution Action Plan for water, air, and soil. However, military uses of lead ammunition and other non-civilian uses of lead ammunition such as by police, security and customs forces, are still beyond the scope of the restriction proposal as well as indoor uses of lead ammunition.

Despite RAC’s consent to the ECHA proposal, it nevertheless recommended a shorter transition time to phase out lead gunshots in hunting. The highlights of the Committee are listed below:

• The proposed restriction is effective, practical, and monitorable as a measure to address the risks without many modifications.
• A five-year transition period to phase out lead in gunshot for hunting as initially proposed is not necessary, seeing as the use of lead gunshot in wetlands is already regulated in the EU; the shorter the transition period means the less lead that would possibly be released into the environment.
• Labelling of ammunition and fishing sinkers containing lead and information to consumers at the point of sale is recommended, and the need to label products and inform consumers of products’ risks should be triggered at a concentration threshold of 1% (weight by weight), which is the same threshold as restricting the use and placing on the market of lead ammunition and fishing sinkers, which is different from what ECHA originally proposed (a threshold of 0.3% w/w);
• Abolishment of derogation for a lead gunshot in sports shooting is considered for the convenience of easier enforcement of the restriction, which is in line with ECHA’s preferred restriction option; in the case where the decision-maker deems this derogation needed, it is RAC’s suggestion to limit shot sizes used in sports shooting (between 1.9 and 2.6 mm).

RAC did the assessment by evaluating the reliability and representativeness of data provided by the European Food Safety Authority (EFSA) and the available scientific studies on the relevant risks. This assessment was done during opinion-making, where the former data presented somehow robustly demonstrated risks to vulnerable populations like children and pregnant women, especially to the children’s neurological development.

ECHA has also updated its initial proposal, where the key updates are explained in the Q&A document, and this updated proposal as a background document shall be available soon. The Committee for Socio-economic Analysis (SEAC) is expected to agree to the draft opinion in early June, where a 60-day consultation on SEAC’s draft opinion will soon start afterwards and it will be finalized in December.

The opinions of both committees are expected to be ready by the end of 2022, which will then be sent to the European Commission at the start of 2023, and at last, the decisions on REACH restrictions are taken by the European Commission along with the EU countries, scrutinized by the Council and the European Parliament.

You can also read about the EU's proposal to restrict lead and lead compounds in PVCs here.