Europe Regulatory News

An EU initiative will ban the use of Bisphenol A (BPA) in food contact materials in 2024. The EU is set to ban BPA in food contact materials such as packaging and kitchenware. The decision follows a s...

An EU initiative will ban the use of Bisphenol A (BPA) in food contact materials in 2024. The EU is set to ban BPA in food contact materials such as packaging and kitchenware. The decision follows a scientific assessment by the European Food Safety Authority (EFSA), which identified potential harmful effects of BPA on the immune system.  

The ban, which was endorsed by Member States after public consultation and discussions, will phase out BPA in items such as coatings of metal cans and reusable plastic bottles. There will be limited exemptions for cases with no safe alternatives, allowing the industry time to adjust and minimizing disruptions.  

European Food Safety Authority on BPA 

Bisphenol A (BPA) is a chemical commonly used in plastics and resins, such as polycarbonate plastics for water dispensers and epoxy resins for can linings. BPA can migrate into food and drink, prompting regular safety reviews by EFSA.  

EFSA’s recent re-evaluation, which considered over 800 new studies since 2013, found potential health risks from BPA, including effects on the immune system, reproductive health and metabolism. The new assessment significantly lowered the tolerable daily intake (TDI) for BPA from 4 micrograms to 0.2 nanograms per kilogram of body weight, a reduction of about 20,000 times. 

The findings suggest that average and high exposures to BPA exceed the new TDI, indicating potential health concerns. EFSA's advice, based on extensive consultation and collaboration with other scientific bodies, will guide EU lawmakers in setting regulatory measures to protect consumer health,.  

Commission Adoption 

On 12 June 2024, EU Member States agreed on the European Commission’s proposal to ban BPA, based on EFSA’s scientific assessment. The proposal will be formally adopted by the European Parliament and the Council following a scrutiny period and will enter into force at the end of 2024.  

On 15 July 2024, the European Commission adopted new biodegradability standards for polymers in fertilising products. These standards cover polymers used as coating agents, water retention agents, mul...

On 15 July 2024, the European Commission adopted new biodegradability standards for polymers in fertilising products. These standards cover polymers used as coating agents, water retention agents, mulch films and other additives and require that the polymers are natural and unmodified or meet biodegradability standards. These measures ensure that these polymers do not persist in the environment, thereby reducing potential pollution and ecosystem damage.

Compliance and Implementation Timeline

Manufacturers will need to demonstrate compliance with these new criteria using standardised test methods such as EN ISO 17556:2019 for soil and EN/ISO 14851:2019 for aquatic environments. The criteria will come into force on 17 October 2028, giving manufacturers plenty of time to adapt their products accordingly.

Biodegradability Criteria Details

The newly adopted standards set specific biodegradability criteria for polymers used in fertilising products. These polymers must achieve at least 90% degradation or mineralisation within 48 months of their functionality period, ensuring that they do not persist in the environment. To verify compliance, accelerated testing methods are permitted, allowing testing at higher temperatures, such as 37°C, to reduce the testing time while maintaining reliability. The criteria are designed to ensure that polymers degrade effectively in both soil and aquatic environments, minimising their impact on ecosystems. In addition, products containing these polymers must be labelled with warnings to prevent their use near water, further reducing potential environmental risks.

Consultation Process

The development of these criteria involved consultations with EU Member States and stakeholders, including non-governmental organisations, industry representatives, and private citizens. The public consultation period ran from 8 March to 5 April 2024.

Environmental and Economic Impact

By implementing these biodegradability standards, the European Commission aims to significantly reduce the environmental impact of fertilising products and support the EU’s Farm to Fork Strategy. This strategy includes a target to reduce nutrient losses by 50% by 2030 while maintaining soil fertility. The standards also promote sustainable water use in agriculture, which is essential for adapting to climate change and protecting water resources.

 Legislative Context and Support

The new criteria are part of an amendment to Regulation (EU) 2019/1009, which was originally adopted on 5 June 2019. This Regulation requires the assessment of biodegradability criteria for polymers used in fertilising products. The legal basis for this delegated act is Article 42(1) of the Regulation.

Conclusion

The European Commission's adoption of new biodegradability criteria for polymers used in fertilising products is an important step towards reducing environmental pollution and promoting sustainable agricultural practices. The new standards are in line with the EU’s wider environmental objective and will ensure

The European Commission is seeking public feedback on a draft delegated regulation amending Regulation (EU) 2019/1021, to include UV-328 in the list of persistent organic pollutants (POPs). The aim of...

The European Commission is seeking public feedback on a draft delegated regulation amending Regulation (EU) 2019/1021, to include UV-328 in the list of persistent organic pollutants (POPs). The aim of the Regulation is to protect human health and the environment by restricting or prohibiting the use of substances listed under the Stockholm Convention on POPs.

The draft Regulation is open for public feedback from 30 July to 27 August 2024. The Commission encourages public feedback, which will be taken into account when finalising the Regulation. Feedback can be submitted via the European Union’s official website.

Decision to Include UV-328

At the eleventh meeting of the Conference of the Parties to the Stockholm Convention (COP11) in May 2023 in Geneva, Switzerland, it was decided to add UV-328 to Annex A of the Convention, with specific exemptions. This amendment requires the inclusion of UV-328 in Annex I of Regulation (EU) 2019/1021. This decision is reflected in the draft Delegated Regulation.

UV-328 is a chemical compound widely used as a UV stabilizer in various plastic and rubber products to prevent degradation from ultraviolet light. Its full chemical name is 2-(2H-Benzotriazol-2-yl)-4,6-di-tert-pentylphenol (CAS No 25973-55-1).

Consultation Process to Date

The Commission consulted with experts from all Member States and relevant stakeholders, including the chemical industry and civil society, at meetings held on 14 June 2023, 29 November 2023 and 7 June 2024. In addition, the European Chemicals Agency (ECHA) conducted a call for information from 31 May to 18 August 2023. Feedback highlighted the need for specific exemptions for articles containing UV-328 imported into the Union.

Proposed Exemptions and Restrictions

The proposed Regulation includes specific exemptions for the use of UV-328 in certain articles, such as mechanical separators in blood collection tubes, polarisers, photographic paper and spare parts for land-based motor vehicles. These exemptions are intended to allow the continued import and use of these articles until suitable alternatives are found. A limit of 1 mg/kg is also proposed for UV-328 as an unintentional trace contaminant in substances, mixtures and articles. Details of the exemptions can be found in the Annex to the draft Delegated Regulation here.

Next Steps

The Regulation will enter into force on the twentieth day following its publication in the Official Journal of the European Union and will apply from 26 February 2025.

For more details and to participate in the consultation process, please visit the European Commission's official website here

On 23 July 2024, the European Chemicals Agency (ECHA) announced that it has adopted a new policy on administrative charges for joint authorisation applications involving small and medium-sized enterpr...

On 23 July 2024, the European Chemicals Agency (ECHA) announced that it has adopted a new policy on administrative charges for joint authorisation applications involving small and medium-sized enterprises (SMEs). This update, which has been confirmed by the European Commission, simplifies the charging process for companies with an incorrectly declared size.

Single Charge for Joint SME Applications

Under the new policy, ECHA will now issue only one administrative charge for joint authorisation applications, even if several applicants have wrongly declared their company size. The charge will be based on the size of the largest applicant in the group. The invoice will be sent to the lead applicant. If all applicants have declared their company sizes correctly, no administrative charge will be applied.

Updated Definition of Financial Gain

The definition of ‘financial gain’ has been revised to include the benefit of incorrect size declarations made before the invoice is issued. This change will ensure that the lower charges SMEs might gain as a result of incorrect declarations are properly reflected in the administrative charges.

Charge Levels Remain Unchanged

The levels of administrative charges and other provisions remain the same as previously set. The updated decision, which applies from 22 July 2024, consolidates and simplifies past regulations into a single framework. The fee structure last revised in 2015 will continue to apply.

Background on SME Fees

The REACH Regulation and the REACH Fee Regulation authorise ECHA to levy charges for administrative and technical services. The updated policy integrates previous decisions from 2010, 2013 and 2015 into a single approach and streamlines the fee process for joint authorisation applications involving SMEs.

On 19 July 2024, the European Commission launched a consultation on a delegated regulation that will amend the EU’s Prior Informed Consent (PIC) Regulation (EU No 649/2012). The amendment primarily ...

On 19 July 2024, the European Commission launched a consultation on a delegated regulation that will amend the EU’s Prior Informed Consent (PIC) Regulation (EU No 649/2012). The amendment primarily updates the list of chemicals in Annex I, based on recent regulatory developments in the EU and decisions taken under international conventions such as the Rotterdam and Stockholm Conventions.

Understanding PIC

The Prior Informed Consent (PIC) Regulation regulates trade of certain hazardous chemicals that are banned or severely restricted in the EU. It imposes obligations on companies wishing to export these chemicals to non-EU countries or import them into the EU. PIC implements the Rotterdam Convention within the EU and promotes shared responsibility and cooperation in the international trade of hazardous chemicals. It also protects human health and the environment by providing importing countries with information on the safe storage, transport, use and disposal of hazardous chemicals. The PIC Regulation entered into force on 1 March 2014.

What does the PIC Regulation cover?

• Banned or severely restricted chemicals listed in Annex I to the PIC Regulation, including active substances in pesticides and industrial chemicals.

• Chemicals listed in Annex V to the PIC Regulation that are prohibited for export from the EU.

Main Changes in the Delegated Regulation

New Chemicals Added: A total of 42 new chemicals have been added to Part 1 of Annex I, including substances such as abamectin, acrolein, benfluralin and dihexyl phthalate. Part 2 sees the inclusion of 39 new chemicals such as benthiavalicarb, chloridazon, cyanamide and metiram.

Revised Entries: The entries for cyanamide, terbufos and warfarin in Part 1 have been updated with new details. In addition, the entry for polychlorinated biphenyls (PCBs) in Part 3 has been revised.

Deletions and Additions: Terbufos has been removed from Part 2 and added to Part 3 of Annex I with updated details.

New Export Ban: Perfluorohexanesulfonic acid (PFHxS), its salts and PFHxS-related compounds have been added to the list of chemicals subject to an export ban in Annex V. The entry for endosulfan has also been updated.

Consultation Deadline and Regulatory Goals

The consultation on this amendment closes on 16 August 2024 and stakeholders are encouraged to provide their feedback. The proposed amendments aim to improve the regulatory framework for the safe management of hazardous chemicals, ensuring better protection of human health and the environment.

The full text of the draft Delegated Regulation  and its annexes can be downloaded here.

On 18 July 2024, the European Union implemented its latest Eco-design for Sustainable Products Regulation, marking a significant step towards environmental sustainability. The regulation, referred to ...

On 18 July 2024, the European Union implemented its latest Eco-design for Sustainable Products Regulation, marking a significant step towards environmental sustainability. The regulation, referred to as ESPR, is a vital component of the Commission’s strategy to promote greener and more circular products. It is part of a comprehensive set of measures integral to realizing the goals set out in the 2020 Circular Economy Action Plan. These initiatives are designed to support the EU's efforts to meet its environmental and climate objectives, including doubling the rate of material circulation and achieving determined energy efficiency targets by 2030. 

Eco-design for Sustainable Products Regulation

The  Eco-design for Sustainable Products Regulation (ESPR) is an approach to sustainable design that operates under a framework, allowing specific product rules to be gradually established either individually or for groups of products with similar characteristics. To ensure transparency and public and stakeholders’ awareness of ESPR initiatives, the Commission will periodically adopt and update working plans. These plans will outline the products to be assessed and the measures to be implemented, over a period of at least three years. 

The Regulation (EU) No 2024/1781, effective from 18 July 2024, establishes this framework for eco-design requirements for sustainable products. It includes amendments to Directive (EU) No 2020/1828 and Regulation (EU) No 2023/1542, while repealing Directive 2009/125/EC, and applies to almost all categories of physical goods. This regulatory framework allows for the setting of performance and information criteria, referred to as ‘eco-design requirements’, which are crucial for advancing sustainability goals within the EU. 

Implementation 

The EU's Eco-design Forum is essential in shaping the ESPR, engaging stakeholders in the development of the post-implementation rules with inclusivity at its core. An open call for membership invites broad participation. The Commission will update working plans to ensure transparency, with the first plan set for mid-2025, covering textiles, steel and more. The ESPR aims to harmonize EU standards and align them with global trade rules to promote sustainability. Ongoing efforts support the transition from the Eco-design Directive, enhancing energy efficiency and labelling. Stakeholders are urged to follow updates on the European Product Registry for Energy Labelling (EPREL) for further details on the implementation of the ESPR. 

Essential Dates to Remember 

The key dates to remember for the ESPR are: 

1. Q3 2024: Establishment of the Eco-design Forum and call for membership applications. 

2. Q4 2024: First meeting of the Forum and consultation on draft first ESPR working plan. 

3. Q2 2025: Adoption and publication of the first ESPR working plan.  

On 22 July 2024, the European Council officially adopted a groundbreaking regulation requiring digital labelling of fertilising products across the EU. The regulation aims to modernise labelling pract...

On 22 July 2024, the European Council officially adopted a groundbreaking regulation requiring digital labelling of fertilising products across the EU. The regulation aims to modernise labelling practices, reduce costs and simplify obligations for suppliers, while maintaining essential physical labels for those who need them.

Background and Impact

Digital labels, already in use for some chemical products such as batteries, offer significant cost savings and ease of content updates. The new regulation is expected to reduce annual labelling costs by approximately €57,000 for large companies and by €4,500 for SMEs. The road to this regulation began with the Commission’s proposal on 27 February 2023 and culminated in a provisional agreement on 22 January 2024.

This regulation is part of the EU’s wider efforts to improve digital solutions, promote sustainability and protect consumer rights in the single market.

Embracing the Digital Age

The new regulation updates the existing guidelines on fertiliser labelling and promotes digital labelling to reduce bureaucracy and environmental impact. Digital labels, accessible via QR or barcodes, will provide comprehensive product information online for at least 10 years after the product is place on the market. This move is expected to improve the readability and updateability of labels, ensuring that consumers receive accurate and comprehensive information.

Protecting Vulnerable Consumers

Recognising the digital divide, the Regulation ensures that physical labels will continue to be available for vulnerable consumers and those with limited digital skills. Bulk products will also have physical labels at the point of sale to ensure accessible information.

Legislative Process and Implementation

Following the approval of the regulation by the Council, the regulation will nowbe signed by the Presidents of the European Parliament and the European Council. It will then be published in the Official Journal of the European Union and will enter into force three days after publication.