Europe Reach Regulation for Various Sectors

Cosmetics Directive - The Directive 76/768/EC has been governing the composition, labelling and packaging of finished cosmetic products in the European Union since 1976 and is now replaced by the Cosmetics Regulation (EC) 1223/2009.

Cosmetics Regulation - Regulation (EC) 1223/2009, on cosmetic products, entered into force on 11 January 2010. From 11 July 2013, it completely replaced Directive 76/768/EEC, on the approximation of the laws of the Member States relating to cosmetic products. Being common to all Member States, the Regulation sought to address the remaining gaps among national transpositions of the Directive and to streamline procedures.

This law was created to establish standards for cosmetic products that would be applicable in the EU-27 and 4 EFTA countries: Norway, Switzerland, Lichtenstein, and Iceland.

Scope

Regulation (EC) 1223/2009 on cosmetic products covers cosmetics defined as:

• Any substance or mixture,
• Intended to be placed in contact with
  • The external parts of the human body (epidermis, hair system, nails, lips and external genital organs), or
  • Teeth and mucous membranes of the oral cavity
• With the any of the following as its main or exclusive purpose: cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odors

Regulation (EU) 655/2013 is provided in Regulation (EC) 1223/2009, and therefore covers claims made in relation to cosmetics according to the same definition.

Main requirements under Regulation (CE) 1223/2009

Obligations under the regulation fall on a Responsible Person (RP), who must ensure compliance. The RP must be established within the European Union (must be a natural or legal person within the Union).

Thus, RPs have obligations in relation to the product itself (including labelling and claims) and relative to market placement notification and follow-up.

Product-related obligations

Products available on the market must be safe for human health when used under normal or reasonably foreseeable conditions of use.

Ingredient restrictions

To this end, RPs must comply with the ingredient obligations set out in the Regulation, as set out in its annexes (which are regularly updated)

• • Annex II – Prohibited substances
  • Annex III – Substances with restrictions (e.g. maximum concentrations)
  • Annex IV – List of colorants allowed (non-listed products can’t be used)
  • Annex V – List of preservatives allowed (non-listed products can’t be used)
  • Annex VI – List of UV filters allowed (non-listed products can’t be used)

Good manufacturing practice

Cosmetic products must be manufactured in accordance with the ISO 22716 standard (or any other equivalent standard). This is self-certified, but third-party certification is possible.

Labelling and claims

Labelling in the container and packaging must include the following information

• Name and address of the Responsible Person and country of origin for imported products ;
• Nominal content (with some exceptions for packaging containing less than 5mL or 5mg, free samples or single application pack) ;
• The function of the product (unless it is clear from the presentation) ;
• Date of minimum durability (when <30 months) or period after opening where the product is safe and can be used with no harm to the consumer ;
• Batch or reference number (if impracticable, it need only apply in the packaging) ;
• Precautions of use ;
• The list of ingredients in order of weight and in INCI name system preceeded by the term "ingredients" (substances or mixtures intentionally used, not including impurities in raw materials or subsidiary technical materials not present in the final product).

Where it is impossible to include the precautions and ingredients in the label, they must be included in an attached leaflet, label, tape, tag or card.

The language of the information (except the product name, ingredients and batch number) is determined by national legislation.

Claims

Claims must comply with Regulation (EU) 655/2013, which establishes common criteria for claims. These must be :

• Truthful
• Supported with evidence
• Honest
• Fair
• Informative and understandable

Claims referring to the fact that no animal testing has been carried out may only be done if no animal testing has been used to develop the finished cosmetic product, its prototype, or its ingredients.

Information-related obligations  

Under Regulation (EC) 1223/2009, a RP must compile information relevant to the product in a Product Information File (PIF), notify Competent Authorities when placing said product on the market, and develop a system to monitor and report on undesirable effects. A list of Competent Authorities for every Member State may be found here.

The Product Information File

The Product Information File is the key document needed before placing a product on the European market since it serves as evidence that the product is compliant to the Regulation. It gathers technical documents related to the finished product and its raw material for a Safety Assessor to perform a thorough analysis.  The PIF is divided into 6 sections: 

1. A description of the cosmetic product that enables the PIF to be attributed to the cosmetic product. 
2. The cosmetic product safety report (CPSR).
3. A description of the method of manufacturing and a statement on compliance with good manufacturing practice (GMP) according to ISO standards 22716. 
4. Where justified by the nature of the effect of the cosmetic product, proof of the effect claimed for the cosmetic product.
5. Data on any animal testing performed by the manufacturer, his agents or suppliers, relating to the development or safety assessment of the cosmetic product or its ingredients, including any animal testing performed to meet the legislative or regulatory requirements of countries outside the EU.
6. Information on the label.

The PIF must be kept by the RP for 10 years after the date of the last batch of the cosmetic product was placed on the market. The PIF shall be available to the Competent Authorities of the Member State where it is kept.

Notification on the CPNP

Prior to placing a product on the market, the following information must be submitted by the RP to the European Commission, using the Commission’s Cosmetic Products Notification Portal (CPNP) :

• The product’s category and its name or names
• Name and address of the RP where the PIF is available
• Country of origin (for imports)
• Member State where the product will be placed in the market
• Contact details of a physical person (who will be contacted in case of necessity)
• The presence of nanomaterials
• Name and CAS number of CMR substances
• Frame formulation
• Original labelling and a photograph of the packaging

Cosmetovigilance

In the case of serious undesirable effects, the RP and distributors must notify the Competent Authority of the Member State where the effect occurred, providing the following information:

• All serious undesirable effects that are known to the RP (or which might be reasonably expected to be known to him)
• Name of the product, enabling its identification
• Corrective measures taken (if any)

A list of Competent Authorities for every Member State may be found here

• Regulation (EC) 1223/2009 is enforced by a “Competent authority” in each member state,
• Each member state their own authority and enforcement
• Each Manufacturer/Distributor/Responsible person shall submit the information to member state authority and then each member state shall communicate to EU commission so as to harmonies the information at National

The competent authorities of the Member States shall cooperate with each other and with the Commission to ensure proper application and due enforcement of this Regulation and shall transmit to each other, all information necessary with a view to applying this Regulation uniformly.

The Cosmetic Products Notification Portal (CPNP) is a free of charge online notification system created for the implementation of Regulation (EC) No 1223/2009 on cosmetic products. When a product has been notified in the CPNP, there is no need for any further notification at national level within the EU.

The CPNP is accessible to :

• Competent Authorities
• European Poison Centres
• Cosmetic products responsible persons
• Distributors of cosmetic

The term ‘manufacturer’ has a wide definition under the cosmetics legislation and includes the entity which has a product designed or manufactured, and markets the cosmetic product under its name or trademark. Therefore, unless it has explicitly been mandated as such in writing, a contract manufacturer / filler will normally not be considered as the Responsible Person as it is providing services for a third party and not in its own name.  

It is the responsibility of the Responsible Person (RP) to ensure that every product placed on the EU market complies with the requirements of the Cosmetics Regulation (EC) 1223/2009. The RP's duties relate to all aspects regulated under the EU cosmetics legislation:

• Safety
• Good Manufacturing Practice
• Safety assessment
• Product Information File
• Sampling and analysis
• Notification
• Restrictions for substances listed in Annex III
• Substances classified as CMR substances
• Nanomaterials
• Traces of prohibited substances
• Animal testing
• Labelling
• Product claims
• Access to information for the public
• Communication of serious undesirable effects
• Information on substances

Regulation (EC) No. 1223/2009 Article 8 establishes ISO 22716 or equivalent as the requirements for good manufacturing practice (GMP).  

ISO 22716 is the GMP standard and provides organisational and technical guidance on the management of the human, technical and administrative factors affecting cosmetic product manufacture and product quality.  

The documentation system implemented should incorporate the following (this list is not exhaustive):  

• procedures  
• instructions  
• specifications  
• protocols  
• reports (such as complaint reports, deviation reports, investigation reports or recall reports)  
• methods  
• records  

Animal Testing Prohibited :

The Cosmetics Directive provides the regulatory framework for the phasing out of animal testing for cosmetics purposes. Specifically, it establishes:

• Testing ban - prohibition to test finished cosmetic products and cosmetic ingredients on animals;
• Marketing ban - prohibition to market finished cosmetic products and ingredients in the EU which were tested on
• The testing ban - on finished cosmetic products applies since 11 September 2004; the testing ban on ingredients or combination of ingredients applies since 11 March
• The marketing ban applies since 11 March

Responsible person has an obligation to communicate within supply chain on behalf of EU manufacturer and importer. Responsible persons who consider or have reason to believe that a cosmetic product which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that product into conformity, withdraw it or recall it, as appropriate.

Furthermore, where the cosmetic product presents a risk to human health, responsible persons shall immediately inform the competent national authorities of the Member States in which they made the product available and of the Member State in which the product information file is readily accessible, giving details, in particular, of the non-compliance and of the corrective measures taken.

Responsible persons shall cooperate with these authorities, at the request of the latter, on any action to eliminate the risks posed by cosmetic products which they have made available on the market. In particular, responsible persons shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of specific aspects of the product, in a language which can be easily understood by that authority.

GPC can :

• Review your formulation 
• Test the physic-chemical properties of your product 
• Test the microbiology of your product 
• Perform a safety assessment 
• Perform regulatory monitoring 
• Give regulatory consulting 

Under Annex VIII to the CLP Regulation, importers and downstream users placing hazardous mixtures on the EU market are to provide specific information on their mixtures to appointed bodies. The annex also specifies a harmonised format for notifications. The information contained in the notifications will be used by poison centres for emergency health response purposes in case of incidents involving these mixtures.

The obligation applies to mixtures placed on the market that are classified for human health or physical hazards.

Note that biocidal products and plant protection products are within the scope of this obligation, and the information submission requirements apply in addition to other obligations under the Biocidal Products Regulation and Plant Protection Products Regulation.

Exemptions

The obligation to submit information does not apply to mixtures considered hazardous only due to environmental hazards. Mixtures exempted from the submission requirements include also:

• radioactive mixtures;
• mixtures subject to customs supervision;
• mixtures used in scientific research and development;
• medicinal and veterinary products, cosmetic products, medical devices and food and feeding stuffs; and
• mixtures only classified as gases under pressure and explosives.

For all ‘new’ products not already notified under national legislation, you must submit the required information before you place the mixture on the market. Submissions should be made in the harmonised format, according to the relevant date of applicability. The date of applicability depends on the use type, i.e. the end user, of the mixture:

1 January 2021 for consumer or professional use;

1 January 2024 for industrial use.

Before these dates, mixtures may be subject to existing national requirements and duty holders should contact the appointed body in the country of interest for further information.

• Legal entities on behalf of duty holders, such as consultant, mother company, i.e. ‘Foreign user’

• Importers or downstream users of mixtures out of scope i.e. a voluntary submission

• Legal representative of non-EU suppliers can also submit through the EU legal entity

1. Guidance on PCN requirements

2. Assess the portfolio to identify the

• Notification Requirements

• Trade names and Brand

• Country specific variations

• Use specific variations

• Components specific variations

3. Possibility to group and optimize the Notifications

4. Generate the UFI core for the Mixture

5. Verify the UFI in cases of Mixture (external) in Mixtures

6. Inventory data to support classification & Labelling of Mixture

7. Guidance on Packaging – type, and size requirements

8. Update SDS to harmonized with Poison Centre Notified information

9. Revised and updated PCN Notification submission

10. Portfolio management in PCN portal

Any chemical material/object containing chemicals placed into EU market need to comply with the REACH regulation. The chemical substances have the registration obligation whereas objects/articles containing chemicals have separate set of obligation.  

The Database for Substances of Concern In articles as such or in complex Products (SCIP) was established under the Waste Framework Directive (WFD) that aims to reduce hazardous chemicals in waste and promote safer alternatives. It is part of the EU’s waste legislation package, contributing to the EU's circular economy policy. 

The SCIP database ensures that the information on objects/articles containing Substances of Very High Concern (SVHC) is available throughout the whole lifecycle of products and materials, including at the waste stage.  

The following substances may be identified as SVHCs:  

• Substances meeting the criteria for classification as carcinogenic, mutagenic or toxic for reproduction (CMR) category 1A or 1B in accordance with the CLP Regulation. 

• Substances which are persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB) according to REACH Annex XIII. 

• Substances on a case-by-case basis, that cause an equivalent level of concern as CMR or PBT/vPvB substances. 

Once a substance is identified as an SVHC, it is included in the Candidate List. The inclusion in the Candidate List brings immediate obligations for suppliers of the substance as per Article 33(1) of the REACH regulation, such as: 

• supplying a safety data sheet 

• communicating on safe use 

• responding to consumer requests within 45 days and 

• notifying ECHA if the article they produce contains an SVHC in quantities above one tonne per producer/importer per year and if the substance is present in those articles above a concentration of 0.1% (w/w). 

From 5th January 2021, information about articles containing substances of very high concern (SVHCs) in a concentration above 0.1% weight by weight (w/w) on the EU market must be submited to ECHA. From this date onward all EU producers, Assemblers, importers, and distributors (inside EU only) must notify to the SCIP database. 

* substances of very high concern (SVHC) for human health and environment 

From 5 January 2021, article information should be communicated. To successfully notify your article to the SCIP database there are several categories for which information needs to be provided: 

Category 1: Information on Article. 

• Information to identify the article (Identifiers): 

• Article name (mandatory) 

• Primary article identifier (EAN, GTIN, catalogue number, part number) (mandatory) 

• Other names and identifiers (optional) 

• Information to categorize the article (Categorization): 

• Article category (CN/TARIC code) (mandatory) 

• Production in the EU (required but not essential) 

• Characteristics that help to identify the particle article 

• picture, (optional) 

• dimensions, (optional) 

• color, (optional) 

• weight (optional) 

• Safe use instructions: how do you use this article safely? 

• Option 1: Provide safe use instructions (free text)  

• Option 2: Select “No need to provide safe use information beyond the identification of the Candidate List substance”  

• Disassembling instructions (optional) 

• Complex object component (only applies to complex objects): 

• Linked article (add a link to an existing article or create a new article to link with this complex object) 

• Number of units of the linked article in the complex object. 

Category 2: Concern elements (SVHC) 

• Candidate list substance  

• Concentration range, incl > 0.1% by weight and < 100% by weight 

• Material category and/or Mixture category (EUPCS) 

• Additional material characteristics. 

1. Did the EU ban Single-use plastics?

Yes, the EU has banned single-use plastic products to reduce the danger these non-recyclable products pose to our environment.

2. What is the new EU Single-use Plastic Directive about?

The new EU Single-use plastic directive is a further clarification of guidelines made by the European Commission on the regulation of single-use plastics in the European Union. This directive applies to all member states within the EU. This new directive was issued on 31st May 2021, and it is what we refer to as an explanatory manual with detailed examples of products included or excluded from this regulation.

3. When is the new directive’s deadline?

The Single-Use Plastics Directive (SUPD) was approved in May 2019, and by 3rd July 2021, the ban on single-use plastic products and marking requirements will come into force.

4. Are all plastics referred to as Single-use plastics?

No. According to the directive, plastics refer to materials that consist of polymer to which additives or other substances might have been added. Also, this can function as a primary structural component of final products, excluding natural polymers that have not been chemically modified.

Also, Single-use plastics are products made with plastic and used one time before being thrown away: no hope of reusing or recycling them. Single-use plastics are also known as ‘disposable plastics’.

5. What are the marking requirements provided by the directive?

From 3rd July 2021, all single-use plastic products placed in the market will have a marking, either on the packaging or the product itself. This marking only applies to the products that were listed in part D of Directive 2019/904. These products are sanitary towels, tampons, tampon applicators, wet wipes, tobacco products, and cups for beverages. Read more here.

6. Who are the affected parties?

The EU directive on Single-use plastics applies to all member states within the EU. However, non-EU countries are not bound by this regulation at all.

7. Which Single-use Plastics are specifically banned?

Here is a list of the banned single-use plastics:

• Plastic straws
• Plastic plates and cutlery
• Beverage stirrers
• Balloon sticks
• Cups, food, and beverage containers made with expanded polystyrene
• Products made of oxo-degradable plastic
• Plastic water bottles
• Plastic shopping bags

Although there are some significant plastic product exemptions, they are food containers that require further preparation of the food before it can be consumed, beverage cups & lids, and plastic bottles of over 3 liters.

To get a complete list,contact us at compliance@gpcregulatory.com

8. Why EU Single-use Plastic Directive?

Plastic now makes up 80 to 85% of marine litter, and of this, 50% are single-use plastics. The main objective of SUPD is to reduce and further prevent the impact these plastic products have on the environment, especially our human health and aquatic environments. It will also help the Member States have an extensive reduction in the consumption of these products by 2026, 2022 being the base year, that is, the first year in the years to follow.

9. What other options do food manufacturers and retailers have as replacements for plastic spoons used with single-serve containers?

Starting from 3rd July 2021, only cutleries approved by the directive will be allowed in restaurants, events, and retailers. The approved ones include paper and wooden cutleries that have no poly in the board or coating.

10.What is the next step to take (if there is any action point (s)?

• Yearly report by member states to the European Commission. 77% of single-use plastic products in the market must be recycled by 2025, and 90% of it by 2029.
• Member States need to put in place measures that will guarantee that single-use plastic products are no longer placed in the market starting from 3rd July.
• Member States should see to it that affected products are replaced with affordable alternatives.
• According to the list provided by the directive, Member States must ensure that concerned single-use plastic products placed in the market bear a marking either on them or their packaging.

Single-Use Plastics Directive (SUPD)

On the 31st of May 2021, the European Commission released a new directive on single-use Plastics. The new EU Single-Use Plastic Directive aims to make further clarifications about plastic products that fall within that category and give further explanation about its regulations and policies. 

The new directive further mentions the reporting format to be used by member states and the deadlines for submitting their reports to the commission. The directive applies to every product considered as single-use plastic within the EU.

By 3rd July 2021, the ban on single-use plastic products and marking requirements will come into force.

GPC prepares a summary report for your reference. Download it here. 

The European Medical Devices Regulation (MDR) replaced the previous Medical Device Directive (MEDDEV), which was lagging the current state of the art. The MDR will be: 

1. Introduced progressively 

2. Updated regularly by means of Implementing Acts. 

3. The existing MEDDEV Guidance Documents have been implemented into the text of Regulation. 

4. Final version of the European Medical Device and IVD Regulations published on 5 May 2017 

1. Europe Medical Device Regulation (MDR) 

2. Europe In Vitro Diagnostic Regulation (IVDR) 

5. MDD 93/42/EEC 

CONSOLIDATED Medical Device Directive (93/42/EEC) 

In-Vitro Diagnostic Devices Directive (98/79/EC)- Directive 98/79/EC on In Vitro Diagnostic Medical Devices 

The regulation of medical devices is primarily concerned with enabling patient access to high quality, safe and effective medical devices, and avoiding access to products that are unsafe. WHO has a mandate, as outlined in the World Health Assembly (WHA) Resolution 60.29 “to encourage member states to draw up national or regional guidelines for good manufacturing and regulatory practices, to establish surveillance systems and other measures to ensure the quality, safety and efficacy of medical devices and, where appropriate, to participate in international harmonization. The 67th WHA(World Health Assembly) approved the resolution “Regulatory system strengthening for medical products”. It states the importance of regulations for medical devices as one of the medical products, for better public health outcome and to increase access to safe, effective and quality medical products. New Medical Device Regulations have been introduced after the Covid-19 Pandemic and the IVDR will be fully applicable on 26 May 2022, after a five-year transition period. The MDR and IVDR represent a significant development and strengthening of existing regulatory system for medical devices in Europe and will replace the original Directives which have been in place for over 25 years. 

A notified body is an organization designated by an EU country to assess the conformity of certain products before being placed on the market. These bodies carry out tasks related to conformity assessment procedures set out in the applicable legislation, when a third party is required. The European Commission has published a list of such notified bodies. Manufacturers outside the EU must identify an EU-based authorized representative unless they have a registered business within the European Union. The primary task of the authorized representative is to be point of contact for the national health authorities of the Member States. Authorized representatives or manufacturers typically also register devices in individual member states. In the future, registration will become easier. With the Commission’s 2010 Decision to enforce use of Eudamed—the EU-wide database for devices on the market—registration of in vitro diagnostics in each country became redundant. 

Before placing a device, other than a custom-made device, on the market, the manufacturer shall, in accordance with the rules of the issuing entity referred to in Article 27(2), assign a Basic UDI-DI as defined in Part C of Annex VI to the device and shall provide it to the UDI database together with the other core data elements referred to in Part B of Annex VI related to that device. 

Stage 1: Device Classification 

Medical devices are usually divided into subgroups. 

In Europe medical devices are divided into three different groups:  

• Active implantable medical devices(AIMD), 

• General medical devices and 

• In vitro diagnostic devices (IVD).

Stage 2: Notification Procedure 

• Member States may only designate conformity assessment bodies for which the assessment pursuant to Article 39 was completed and which comply with Annex VII. 

Stage 3: CE Marking 

Known as the “new approach” directives, these directives outline a set of “essential requirements,” rely on use of voluntary EU-wide harmonized standards and offer a choice of conformity assessment modules.

Presence of certain substances shall be labeled on the device itself and/or on the packaging for each unit or, where appropriate, on the sales packaging, with the list of such substances. Appropriate precautionary measures shall be given in the instructions for use (If the intended use of such devices includes treatment of children or treatment of pregnant or breastfeeding women or treatment of other patient groups considered particularly vulnerable to such substances and/or materials, information on residual risks for those patient groups). 

• Identification of compliance requirements under various guidelines including all data requirements.​ 

• Data gap analysis and pre-assessment support​ 

• Technical documentation support​ 

• Pre and post-submission support and technical liaison with authorities. 

In the European Union, the European Green Deal aims at establishing a new sustainable, low-carbon, resource-efficient and competitive economic model. 

Several strategies and action plans apply the overarching vision of the European Green Deal to specific economic sectors. Each of these strategies and action plans detail the legislative changes that will be proposed (either through new regulations or amendments to existing ones). 

Additionally, some regulatory initiatives from before the European Green Deal also brought circularity goals into the regulatory framework of the EU, such as the database for Substances in Concern in Products (SCIP).

Circular Economy Action Plan

Presented in March 2020, the EU Circular Economy Action Plan singles out some key industries where regulatory action will be focused. These are:  

• Electronics and ICT   

• Batteries and vehicles   

• Packaging   

• Plastics   

• Textiles   

• Construction and buildings   

• Food, water and nutrients 

Under the Circular Economy Acton Plan, a dedicated Strategy for Sustainable and Circular Textiles has been presented in March 2022.  

Strategy for Sustainable and Circular Textiles

The Strategy for Sustainable and Circular Textiles foresees actions to make textile value chains more sustainable and circular. These include, for example:  

• The revision of EU Ecolabel criteria for textiles and footwear 

• The review of Regulation 1007/2011, on textile  

• Establishing mandatory sustainability performance requirements under the upcoming Ecodesign for Sustainable Products Regulation  

Chemicals Strategy for Sustainability

The European Commission presented its Chemicals Strategy for Sustainability in October 2020, with an overarching goal of eliminating or minimizing the use of hazardous substances. This is expected to bring positive effects in terms of protection of human and environmental health, and boost innovation to safe and sustainable chemicals. 

Actions proposed under the Strategy are being rolled out since 2020, with several key legislative changes being initiated in 2022. 

Before the end of the year, the Commission is expected to propose amendments to the following key pieces of legislation: 

• Regulation 1907/2006, concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (the REACH Regulation) 
• Regulation 1272/2008, on classification, labelling and packaging of substances and mixtures (the CLP Regulation) 
• Regulation 1223/2009, on cosmetic products 

Circular Economic aims to Reduce Waste by keeping the products in use, which signifies each product's importance. The circular economy seeks to make the most of the material resources available by applying three basic principles: reuse, reduce, and recycle. In this way, the life cycle of the products is extended, waste is used, & a more efficient and sustainable production model is established over time. The idea arises from imitating nature, where everything is valued and used, and waste becomes a new resource. In this way, the balance between progress and sustainability is maintained. With the increasing amount of waste generated each year through various industries, the cosmetic industry is also not far behind. The cosmetic industry is one of the top contributors in the packaging space for plastic waste. It is far from pretty regarding its impact on the environment.

The cosmetic industry value chain broadly comprises of 6 levels:
• Stage 1: Inputs to Production – Consists of companies providing raw materials to manufacture cosmetics and their packaging.
• Stage 2: Manufacturing/Development – This step entails manufacturing cosmetic products as per the requirements. Product manufacturers of primary and supporting activities are involved in this stage.
• Stage 3: Packaging – This step involves the primary/secondary packaging of the product; hence this is of high relevance for our research. The product is capped and labelled for the stakeholders to understand the product.
• Stage 4: Distribution – This step is secondary/ tertiary packaging-intensive as it requires transporting the products to various geographic locations. The product reaches different distribution and wholesale centres from its warehouses.
• Stage 5: Retail & Wholesale – Product is distributed to various wholesalers and retailers from where the consumers can get access to the products.
• Stage 6: Consumers – They represent the final link in the value chain. Consumers are the ones who buy the product from retailers/ wholesalers in the previous steps. They are a crucial stakeholder in the entire value chain of the cosmetic industry.

Europe is a world leader in the cosmetics industry and a dominant cosmetics exporter. The E.U.'s involvement mainly concerns the regulatory framework for market access, international trade relations, and regulatory convergence. These all aim to ensure the highest level of consumer safety while promoting this sector's innovation and competitiveness. The European Commission (E.U., 2021)is also in contact with cosmetics stakeholders at E.U. and international levels. Regardless of the manufacturing processes or distribution channels, cosmetic products placed on the E.U. market must be safe.

Existing Situation

Directive 2006/66/EC on batteries and accumulators (the Batteries Directive), last amended in 2018, is the current legal act in place for batteries. It applies to all types of batteries, irrespective of chemical composition, size or nature and classifies them according to their use. Categories of batteries are

• Portable battery
• Automotive batteries
• Industrial batteries

The directive laid down rules for

• Reducing the use of hazardous substance in batteries. (Prohibited certain mercury and cadmium content)
• And to ensure the proper management of waste batteries

It required the member states to ensure that the appropriate collection schemes were in place for waste portable batteries and set collection rates. The collection rates were set at 25% in weight by September 2012 and rose to 45% by September 2016. Producers of battery and other related products became responsible for the waste management of batteries under extended producer responsibility.

The directive also established obligations in relation to the efficiencies of the recycling processes. The efficiencies set were 65% by average weight of Lead acid batteries and 50% by average weight of other batteries.

Proposed Changes

The three objectives for the new proposal are: strengthening the functioning of the internal market, which includes products, processes, waste batteries and recycles, by ensuring a level playing field through a common set of rules; promoting circular economy; and reducing environmental and social impacts throughout all stages of the battery lifecycle.

The main changes in the proposal include

• Creating new battery classifications, by adding a new category of electric vehicle in already existing categories
• Requirements to minimise carbon footprint of EV batteries: a carbon footprint declaration, requirement to comply with maximum lifecycle thresholds and declaration for classification in carbon footprint performance category
• Mandatory minimum levels of recycled content in EV
• Minimum electrochemical performance and durability
• A new obligation of battery replaceability for portable batteries
• Setting up and electronic exchange system for battery information

It also proposes the development of minimum mandatory green public procurement.

EU Regulation1107/2009 established the plant protection industry. Plant protection products (PPPs) in the European Union under Regulation (EC) No 1107/2009 Data requirements have increased, and risk assessment schemes have become more complex. The European Food Safety Authority (EFSA) is constantly developing new guidance documents. 

Plant protection products (PPPs) are placed on the market in the European Union under Regulation (EC) No 1107/2009. Pesticides are products that are delivered to the consumer in the form of active chemicals, safeners, or synergists, and are designed for one of the following purposes: 

1. unless the main objective of these goods is deemed to be for reasons of hygiene rather than for the protection of plants or plant products (e.g., fungicides, insecticides), protecting plants or plant products against all hazardous organisms or stopping the action of such organisms. 

2. other than as a nutrient, impacting plant life processes, such as plant growth regulators and rooting hormones. 

3. preserving plant goods, to the extent that such substances or products are not subject to special Community preservative rules (for example, extending the life of cut flowers). 

4. destroying unwanted plants or parts of plants, except algae, unless the products are applied to soil or water to protect plants (e.g., herbicides/weedkillers to kill actively growing weeds); checking or preventing undesired plant growth, except algae, unless the products are applied to soil or water to protect plants (e.g., herbicides/weedkillers to prevent weed growth). 

The data requirements are set out in Regulation (EU) No. 283/2013 for the active substance and in Regulation (EU) No. 284/2013 for the product formulation along with national requirements which are specific to each Member State. However, writing EU regulatory dossiers is one of the most important tasks. Data must be provided in a draft Registration Report dRR. The report consists of core assessment for zone and national addenda as per Member State (MS) requirement. Below are required procedures: 

1. Compilation and preparation of dossier 

2. Authority comment’s reply with scientific justification 

3. Communication with authorities 

4. Task Force identification and management 

5. Management of the entire authorization process 

The current data requirements for the EU dossier of an active substance are set out in. Regulation (EU) 283/2013. These data facilitate an in-depth assessment of the active substance. The data are sub divided into various sections: 

1. Physical and chemical properties 

2. Information regarding use 

3. Methods of analysis 

4. Efficacy 

5. Toxicology and metabolism 

6. Residues in food and feed 

7. Fate and behavior in the environment and 

8. Ecotoxicology 

CLP regulation came into force on 20 January 2009. It gives harmonized requirements for the classification, packaging and labelling of the articles and chemical substances. CLP regulation is based on the United Nations’ Globally Harmonized System (GHS) and purpose to ensure high level of protection environment and human health.  

1. The CLP regulation requires manufacturers, importers, and other downstream users to do correct classification, labelling and packaging of the substances according to the guidelines before they reach the market.  

2. After the classification of substance, it must communicate to the supply chain with its hazard’s information.  

3. The labelling of hazard is done to classify the level with labels and SDS which must be communicated to the supply chain till the consumers along with the management and precautionary statements associated with the risks. 

Plant protection products (PPPs) contain both traditional synthetic pesticides and biopesticides.  According to Regulation (EU) No 1107/2009, placing PPPs on the EU market requires two procedures. To begin, the active chemical is reviewed and approved at the EU level, and it will be included to a list of approved compounds that will be renewed periodically. Second, the formed product is examined and authorized at the level of the Member State (MS), which is only possible if the active component has already been approved at the EU level.  

To get approval of an active substance at the EU level, 

1. An applicant must select a Member State (MS) that will act as the Rapporteur Member State (RMS) for the active substance.  

2. When the chosen MS agrees to do the evaluation, the applicant will send a Draft Assessment Report (DAR) to the RMS.  

3. The RMS performs a formality check within 1.5 months before starting the scientific evaluation.  

4. When the RMS considers the DAR as complete, the scientific evaluation of the dossier can start. The RMS has 12 months to do the scientific evaluation but can issue clock-stops for a maximum of 6 months in total in case additional information is needed from the applicant.  

5. Once the RMS has evaluated the active substance, the RMS will submit the DAR to EFSA. EFSA will circulate the DAR to the applicant and the other MS. The other MSs have a maximum of 2 months to comment on the DAR. 

6. The DAR within 5 months and can issue clock-stops of maximum 3 months to the applicant.  

7. The RMS has a maximum of 2 months to evaluate the additional information requested by EFSA.  

8. EFSA will issue a scientific opinion based on the assessment of the RMS, which will be sent to the European Commission (EC). The EC has 6 months to do the risk management and issue a final review report to the Standing Committee on Plants, Animals, Food and Feed (SCoPAFF), where a final decision on whether to approve the active substance will be taken.  

9. The total process of getting approval for an active substance should take between 2 and 3.5 years according to the regulation. In practice, these timelines are often much longer.  

10. The first approval of an active substance is typically valid for 10 years. 

The data requirements for active substances are listed in Regulation (EU) No 283/2013. Chemical active substances should comply with the data requirements in Part A of this regulation and microbial active substances should comply with the data requirements in Part B of this regulation. The data on the active substance should cover: 

1. Identity of the active substance. 

2. Physical and chemical properties of the active substance (or biological properties of the micro-organism). 

3. Further information on the active substance. 

4. Analytical methods. 

5. Toxicological and metabolism studies. 

6. Residues in or on treated products, food, and feed. 

7. Fate and behavior in the environment. 

8. Ecotoxicological studies.

Although "biopesticides" are not a legal category, the pesticide categories "basic compounds" and "low risk substances," as described in Regulation 2017/1432, amended Regulation 1107/2009, were introduced in August 2017. Because biological chemicals, despite their natural origins, are not always innocuous, the EU uses a risk-based authorization method. While a shortened dossier may be filed for low-risk medications, significant efficacy must still be demonstrated. Biopesticides should generally be classified as low-risk active chemicals, allowing for a faster introduction of biopesticide candidates that fit these criteria. 

Regulation 1107/2009 currently approves 18 basic drugs and ten low-risk substances. Basic chemicals are substances that are not intended as crop protection products but may have crop protection capabilities, and their approval is based on previous tests conducted in compliance with other EU legislations. For an indeterminate period, authorization is granted for the entire EU. 

Low-risk chemicals must meet the standards outlined in Regulation 1107/2009's Annex II. Low-risk chemicals, unlike traditional pesticide active ingredients, may be approved in part based on literature evidence and scientifically reasoned conclusions. 

Low-risk criteria are used to microbial insecticides, baculoviruses, and semio-chemicals (e.g. pheromones). Low-risk active ingredients (whether biological or synthetic) are assessed (evaluated) in 120 days, compared to 12 months for conventional active ingredients, and low-risk active chemicals are approved for 15 years, rather than the standard 10 years. Furthermore, authorization fees are reduced, which encourages smaller businesses to introduce low-risk goods (such as biopesticides). 

All the substances used in making plant protection products have been audited regularly by the audit team of both the member state and the Commission. Rules and Regulations are dynamic and keep on evolving with rapid growth in scientific and technological advancements. Therefore, the European Commission keeps updating its website to update the member state, the producers, and scientific communities to abreast with the rapid developments. 

The Authority has the leeway to audit and asks for more supplementary information under article 6(f) to the producers. They are also supposed to be complying with all the developments that are happening. Article (4) made sure that they have a legal liability to improve and innovate the product consistently. 

All the stakeholders, especially the producers, are asked to keep all the data for the last five years to keep track of the whole process. In addition, producers should regularly update the authorities about the efficacy and benefits of the product attached with the entire set of data on an annual basis. 

As and when producers applied for the renewal, they are asked to produce new data to supplement.  

Suppose producers failed to comply with the mandated process. Sometimes, they can get some flexibility, but at the same time, if things went wrong or tried to do away with the process. There can be severe repercussions for the PPP in the form of civil and criminal charges. 

• They have 4 specific regulations on FCM based on a positive list of individual substances– 2004, amended from time to time.
• (Plastics (10/2011/EU), recycled plastics (282/2008/EC) ceramics (Directive 84/500/ EEC), regenerated cellulose (Directive 2007/42/EC) and active/ intelligent packaging materials (450/2009/EC). For these DOC is mandatory.
• Specific measures on substances are present – i.e. positive list of monomers and additives.

The Framework Regulation No. 1935/2004 is the basic community legislation that covers all the Food Contact materials and articles. It basically defines what exactly are “Food Contact Materials” and sets the basic requirement for these materials. Materials that are contact with the food particles i.e., the packaging they come in, the materials that come in contact post the packaging i.e., the containers, cups we put them in, even the inner walls of the refrigerator can be considered also the cardboard packaging some eatables come packed in.

The basic reason behind declaration of these regulations is to make sure that all the materials that are intended to come in contact with the food must be sufficiently inert so that excess migration does not happen which avoids to possibility of endangering the human health or bring about an unacceptable change in the food composition which changes the organic properties of the food particles present in it.

The purpose of this Regulation is also to ensure efficient functioning of the internal market regarding the materials which can be used with/along food particles and also stating a benchmark regarding the safety measures and ensuring a high level of safety.

The stated regulations are applicable on all the materials, articles i.e. including all the intelligent food contact materials; which in their finished state: -

Are intended to be brought into contact with food, are already in contact with food and were intended for that purpose, can reasonably be expected to be brought into contact with food or to transfer their constituents to food under normal or foreseeable conditions of use.

The stated regulations are not applicable to: -

Materials which are supplied as antiques, Covering or coating materials for e.g., material coatings covering the prepared meat products or fruits, which form part of the food, Fixed public or private water supply equipment.

Community legislation on FCM covers the following: -

1. Materials already in contact (packaging of prepacked food)

2. Materials intended to come in contact with food (cups, utensils)

3. Materials expected to come in contact (table top, refrigerator walls-etc.)

4. Materials which are to be reasonably expected to come in contact with food. [global]

Basic requirements are set to ensure safe food: -

1. FCM shall not endanger human health
2. FCM shall not change the composition of food in an unacceptable manner
3. FCM must not change taste, odour or texture of the food
4. FCM must be manufactured according to good manufacturing practice (GMP)      

Exceptions from 2nd and 3rd are made for active materials and articles

GMP is stated under framework regulations.

A few of the highlights of EU regulatory system include: -

Traceability i.e. a broad requirement arising from general food law that ensures, for example, batch retrieval in the event of a necessity. Labelling can take several forms: on the goods itself, on supporting paperwork, or on a sign beside the merchandise at the merchant. The consumer must not be misled by the information supplied on the label. Also, that the producer is responsible for putting all the details stated above along/on the packaging as per the declaration of compliance.

The Framework Regulations enable the European Commission to establish the material's needs/requirements. The specifications of the basic guidelines of the framework regulations are among these requirements/needs. The requirements can be set for various types of materials including plastics etc.

Specific requirements composed of

• Authorisation of manufacturing processes or certain materials
• Rules On Labelling and Compliance testing

• Identification of compliance requirements under various guidelines including all data requirements.​ 

• Data gap analysis and pre-assessment support​ 

• Technical documentation support​ 

• Pre and post submission support and technical liaison with authorities. 

According to the European Commission (EC), nanotechnology is a key enabling technology (KET). It is an enabling technology that has applications in a wide range of industries, including chemicals, consumer goods, health, energy, and the environment. As a result, the European Union's (EU) regulatory framework, which is made up of various pieces of horizontal and sector-specific law expressly or implicitly encompasses nanomaterials (NMs).

The word "nanomaterial" has been defined in several regulatory papers in the European Union, including an overall nonbinding recommendation made by the EC in 2011 and several sector-specific pieces of legislation. The latter have either incorporated the overall definition established by the European Commission or utilise a dedicated and, to some degree, separate meaning of the word.

European Chemicals Agency (EU)

The European Chemicals Agency (ECHA) works closely with the OECD by participating in and participating in ongoing international regulatory activities such as the OECD Working Group on ENM. ECHA houses the EU Nanomaterials Observatory and the Nanomaterials Expert Group (ECHANMEG), and this advisory group assists in the implementation of the ECHA Nanomaterials Work Plan, 2016, 2018. Provides scientific and technical information and advice on issues related to the implementation of REACH methods related to ENM. No ENM exposure limits have been established for this agency and are only recommended by the European Union.

The Registration, Evaluation, Authorization and Restriction of Chemicals (REACH, 2018) is an EU regulation created to protect human health and the environment from the risks posed by chemicals. REACH applies to substances on the nanoscale according to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 and the general provisions of REACH apply.

All chemicals covered by REACH must be registered in order to be lawfully produced or imported into the EU. Manufacturers and/or importers must provide information on both human health and environmental consequences, as well as hazardous nanoforms – an assessment of exposure throughout the life cycle – as part of their registration, depending on the amount placed on the market.

The same rules apply to nanomaterials. When chemicals have hazardous qualities, the Classification, Labelling, and Packaging Regulation (CLP) requires them to be reported to ECHA as well as labelled and packed so that they may be used safely.

Companies should be upfront in their REACH registration, explicitly indicating how the safety of nanoforms has been handled, as well as what actions are required to appropriately limit the possible danger. Companies can get more help from ECHA guidance materials on how to identify and report the attributes of their nanoforms.

Directives are primarily used in the EU to enact environmental, labour, and consumer protection legislation. If nanoparticles represent a risk to the environment, employees, or consumers, the generic regulations established by law apply to nanomaterials in the same manner that they do to other forms of a chemical.

Because REACH and CLP apply to nanomaterials, industry and authorities must fulfil their obligations and carry out their tasks in accordance with the various REACH (e.g., registration, evaluation, authorisation, and restrictions) and CLP processes (e.g., classification and labelling) for nanomaterials, just as they do for any other form of a substance.

To that end, ECHA has been collaborating closely with major EU and worldwide regulatory authorities to develop enough scientific and regulatory capability.

In its second Regulatory Review of Nanomaterials, the European Commission determined that REACH provides the appropriate framework for risk management of nanomaterials when they appear as chemicals or combinations.

Companies that make or import nanoforms must comply with specified legal restrictions under REACH as of January 1, 2020.

These reporting obligations address specific information requirements outlined in revised REACH annexes:

• characterisation of nanoforms or sets of nanoforms covered by registration (Annex VI);

• chemical safety assessment (Annex I);

• registration information requirements (Annexes III and VII-XI); and

• downstream user obligations (Annex XII).

The changes apply to all new and existing nanoform registrations.

Different categories can be assigned to a material based on its size or shape. When reviewing available information for categorization purposes, one must evaluate the forms or physical states in which the chemical or mixture is placed on the market and in which it may reasonably be expected to be utilised.

- A Chemical Safety Assessment (CSA) recorded in a Chemical Safety Report (CSR) is required under Annex I of REACH for production/import volumes of 10 tonnes or more per year. This involves a hazard evaluation, and if the chemical fits the categorization and labelling standards, an exposure assessment, which includes the development of exposure scenarios, and lastly a risk characterization.

- Even if the substance does not fit the above-mentioned criteria, a registrant may choose to build exposure scenarios in order to define and execute how he manages the nanomaterial at his own site and encourage downstream users to control exposures to human health and the environment.

- Nanomaterials' behaviour and impacts are influenced by a variety of factors, including size, number concentration, surface area, charge, and total surface reactivity.

- These features must be considered when assessing risks to human health and the environment. Additional testing or information may be necessary to address the unique dangers related with nanoparticles. Current test criteria may need to be updated in order to detect particular dangers connected with nanomaterials

Special considerations for a set of tests and standards have been stated based on EU legislation for food-related nanotechnology applications (ESFA, 2011).

Another aspect of nanomaterial’s regulation is the economic parameters for using nanotechnology in commercial products. Producing smart composite packaging material with nanoparticles, for example, incurs significant costs. It's difficult to meet regulatory standards because it has a low profit margin.

The EU's labelling obligations for nanomaterials found in food should be mentioned (European Parliament and Council, 2011, 2012). When employed in culinary applications, inorganic nanoparticles require greater consideration due to their possible toxicity. Carbon black, titanium nitrate (TiN), and silicon dioxide nanomaterials are authorised for use in food packaging under EU laws. Silver, aluminium, zinc oxide, and clay nanoparticles, on the other hand, have not been approved.

The European Commission has created strategic action plans and entities for nanoscience and nanotechnology applications (EC, 2010a, b). The possible dangers of nanoparticles employed in industrial products were revealed by EFSA in its "Guidance on the risk assessment of the application of nanoscience and nanotechnologies in the food and feed chain." Furthermore, physicochemical features, surface morphology, chemical content, and potential exposure levels must all be determined in order to assess the danger of such materials (EFSA, 2011a, b).

The necessity for suitable and validated testing procedures and methods for reliable nanomaterial identification and characterisation prompted stakeholders to conduct additional research and evaluation to reduce uncertainties (FAO/ WHO).

The number of nanoparticles that can be used directly in food or integrated into packaging materials is regulated by EU legislation. Migration research data and any health hazards should be reported for packaging applications (EC, 2004, 2007). According to the European Commission (2013), all food additives in the form of engineered nanomaterials must be listed on food labels. The words "nano" in brackets must appear after the names of those substances (FAO/WHO).

The main regulatory framework for cosmetics in the EU is EU Regulation 1223/2009. Based on this structure, a list of all NMs used in cosmetics should be available to all consumers. Most recently (i.e., October 2019), the EU updated the existing guidance on nanomaterials in cosmetics with the Guidelines for the Assessment of Safety of Nanomaterials in Cosmetics by the SCCS (SCCS/1611/19). SCCS provides industry guidance to government agencies to comply with the EC 1223/2009 requirements for the safety assessment of NMs for use as cosmetic ingredients. In accordance with the 2012 guidelines SCCS/1484/12, a complete ban on animal testing under the Cosmetics Regulation came into effect from March 2013, and alternative methods have been used to evaluate the safety of cosmetic ingredients (including NM testing) since then.

In Europe, safety evaluation is mandatory for all cosmetic ingredients. The same goes for nanomaterials used in cosmetics. By the end of 2018, less than 1.5% of cosmetics listed in the CPNP were declared to contain nanomaterials. According to Regulation (EC) No 1223/2009, cosmetic products must indicate whether they contain NM. Even if the NM used is not described in the regulations (which includes most nanoscale dyes, UV filters and preservatives), special procedures must be followed. In case of doubt, the European Commission may request further investigation by the SCCS. The European Commission must approve the use of nano-ingredients in cosmetics. In terms of labelling, all NMs must be listed on the cosmetic label, starting with the name of the chemical followed by the word (nano) in parentheses. The latest updated Cosmetics NM Catalog states that the catalog is "for informational purposes only and is not an expressly permitted list of nanomaterials". So far, the EU has permitted the use of NMs as UV filters containing (nano) TiO2, ZnO, MBBT and trisbiphenyltriazine. Carbon black (nano) can also be used as a colorant in cosmetics. The EU published a catalog of all NMs used in cosmetics in the EU in 2017 and was last updated in December 2019.

In May 2012, the Regulation on the marketing and use of biocidal products was enacted. The European Chemicals Agency oversees the biocidal product authorization procedure. The definition of the word "nanomaterial" provided by the European Commission has been integrated into the text (Article 3, 1z). Nonetheless, the Commission will have the authority to change the meaning of the word considering technological and scientific advancements (Article 3, 5).

The law prohibits the use of the most hazardous compounds and recognises the dangers that nanomaterials may bring. The language defines how active compounds can be approved and specifies that active substance approval does not apply to nanomaterials unless they are specifically acknowledged (Article 4).

In order to react to the special features of nanomaterials, Annex II mandates that the scientific suitability of standard test techniques, or their adaptation to nanomaterials, be explained. The requirements for receiving an authorization are outlined in Article 19. When nanoparticles are employed in biocidal products, the environmental, human, and animal health risks must be addressed independently.

There is no streamlined authorization procedure for biocidal products using nanomaterials, according to Article 25. When test techniques are used to nanoparticles, a description of their scientific suitability for nanomaterials, as well as the technological modifications or alterations performed to respond to the unique properties of these materials, must be supplied (Annex III). The regulatory language also includes rules for labelling treated items before they are placed on the market. The names of all nanomaterials found in biocidal products must be included, followed by the term "nano" in brackets, according to the guidelines (Article 58, 3d).

Persistent Organic Pollutants (POPs), also referred to as “emerging contaminants”, include a range of chemical substances from diverse applications, ranging from medicines, personal care, household cleaning products, lawn care, agricultural products, among others.

The toxicity of POPs has been long investigated, and researchers found that these chemicals may have long-range mobility and long-lasting duration, leading to environmental contamination and pollution. POPs are often classified as Substance of Very High Concern (SVHC) with hormone disruption consequences, bioaccumulation and biomagnification through the food chain. The presence of POPs in the environment and in human health can lead to several complications, from mild effects to more serious consequences, for example, reproductive disruptions and immunological disorders.

Since POPs are not easily broken down, a characteristic that guarantees its continuation in the environment, the contaminant consequences are still being investigated. In other words, the emerging contaminants are mainly not from new pollutants that recently entered the environment. Instead, there is a good understanding of contaminants, but the consequences to their exposure are still being discovered.

Countries have created a set of rules and regulations to regulate, control, and mitigate POPs use and its effects on the environment and on human health. The essence of these legislations is to eliminate the production, trading, and use of such chemicals, including storage and waste management.

International effort in addressing POPs starts in the late 1990s. The initial protocol to address POPs was implemented in 1998, signing 16 chemicals to phase out according to previously established risk criteria. The Aarhus Protocol also impose parties to reduce their emissions below 1990 levels.

The Stockholm Convention is an international conference specifically for POPs proposed in May 2001 in Sweden (complementing the Aarhus Protocol), entering into force in 2004. Among the objectives, the Stockholm Convention aims to:

• Prohibit, eliminate, and restrict several POPs in the production, use, import, and export.
• Ensure that waste containing POPs is managed safely and in an environmentally sound manner.
• Promote tools for information exchange, public access, awareness and education, research, development and monitoring, reporting, and implementation of plans to fight POPs pollution.

The Stockholm Convention is considered the main international instrument to address POPs. Most countries adhere to the Stockholm Convention.

The EU is a party to the United Nations Economic Commission for Europe (UNECE) Air Convention (renamed in 2020; previously the UNECE Convention on Long-Range Transboundary Air Pollution (CLRTAP)). The Air Convention’s 1998 Aarhus Protocol on Persistent Organic Pollutants obliges parties to reduce emissions of certain POPs and has banned or restricted the use of some compounds.

In 2001, the Stockholm Convention was adopted, building on the Aarhus Protocol to act on POPs at the international level. These pieces of legislation are implemented in the European Union by the POPs Regulation (Regulation EU 2019/1021 of the European Parliament and of the Council concerning Persistent Organic Pollutants - POPs).

The POPs Regulation reflects the international framework proposed by Aarhus Protocol and by the Stockholm Convention in the European Union. The main objective is to protect human health and the environment with specific control measures that:

• prohibit or severely restrict the production, placing on the market and use of POPs
• minimize the environmental release of POPs that are formed as industrial by-products
• make sure that stockpiles of restricted POPs are safely managed; and
• Ensure the environmentally sound disposal of waste consisting of or contaminated by POPs.

The European Chemical Agency (ECHA) makes available a database to list substances subject to the POPs Regulation. The list can be accessed here.

In February 2022, the European Commission (EC) proposed a draft on Corporate Sustainability Due Diligence (CSDD). This draft aims to create a just and sustainable economy with legislation that guarantees respect of human rights and environment in global value chains.

The EC Directive would apply for the following categories of companies:

• Group 1: All Limited Liability Companies (LLCs) based in the European Union, which have more than 500 employees and has a net turnover worldwide of more than 150 million Euros.
• Group 2: EU based Limited Liability Companies acting in high impact sectors, which have more than 250 employees and a has net turnover worldwide of more than 40 million Euros. For these companies rules will start to apply 2 years later than Group 1.
• Non-EU companies active in the European Union and with a turnover threshold aligned with Group 1 and 2, generated in the EU.

The companies must integrate due diligence into their company's policy. Furthermore, companies should investigate and identify actual or potential adverse human rights and environmental impacts Thus, preventing any potential impact or minimizing it. Moreover, companies are asked to set up and maintain a complaints procedure. Hence, monitoring effectiveness of the due diligence policy. Finally, companies should announce publicly that they are committed and following due diligence.

The EC Draft Directive suggests sanctions for those companies that do not comply with this legislation. The sanctions are not specified but they should be effective, proportionate and dissuasive Thus, in case that a company fails to meet its Human Rights and Environmental Due Diligence (HREDD) obligations and would cause any damages, the company would be liable for those damages.

The EC Directive will been presented to the European Parliament and the European Council for approval. Once adopted each Member State has two years to transpose the Directive into national law.

Companies need to act in accordance with the following steps in order to comply with the EC Directive:

1. Identify their company suppliers and define the nature of the connection between the supplier and the company.
2. Create HREDD policies and procedures and implement them into the company policy.
3. Set up a checklist for the company’s suppliers and assess their human rights and working environment.
4. Set up a program to regularly assess the human rights and working environment and conditions of the company’s suppliers.
5. Implement a system to take corrective action and manage it.
6. Create a system to manage compliance and respond to complaints.

Detergents are chemicals with intrinsic properties that have the potential to pose risks to human health and the environment. In order to be placed and move freely on the EU market detergents need to comply with Regulation (EC) No 648/2004 (the ‘Detergents Regulation’) from 2004. The regulation contains labelling and biodegradability requirements and phosphorous limits. 

The Detergents Regulation provides key provisions and harmonises rules that ensure the free movement of detergents and surfactants for detergents in the internal market while at the same time protecting the environment and human health. These rules apply to both consumer detergents (detergents sold to the general public) and to industrial or institutional detergents (detergents sold for professional use).

In particular, the Detergents Regulation harmonises the following rules for detergents and surfactants of detergents:

• limitations on the content of phosphorus and phosphorus compounds in consumer laundry and CADD;
• labelling requirements for detergents;
• specific biodegradability criteria that detergents and surfactants for detergents need to comply with;
• restrictions or bans on surfactants on grounds of biodegradability; and
• the information that manufacturers must hold at the disposal of designated public bodies and medical personnel (ingredient data sheet)

On 28 April 2023 the European Commission put forward a proposal for a revised Regulation on detergents and surfactants that would amend Regulation (EU) 2019/1020 and repeal Regulation (EC) No 648/2004. The new proposal introduces digital labelling and product passports for detergents and surfactants, new requirements for cleaners containing micro-organisms as well as rules for refilled detergents. This proposal updates the existing rules in line with the objectives of the European Green Deal, the Chemicals Strategy for Sustainability and the recently adopted Commission Communication on the long-term competitiveness of the EU.

The revised Regulation will ensure that the EU rules specific for detergents remain complementary to the general provisions applicable to chemicals i.e. the CLP Regulation and the REACH regulation. The revised Regulation puts forward the following changes:

Introduction of safety requirements for micro-organisms in detergents: New innovative cleaning products that use the action of micro-organisms have recently been developed. The revised Regulation will introduce safety requirements for micro-organisms in detergents. Furthermore, manufacturers must label the presence of micro-organisms in the detergents. This will allow these products to move freely in the Single Market and contribute to protecting human health and the environment since they may be alternatives to harmful chemicals.

Introduction of product passports: A product passport that contains compliance information will be introduced which will reduce the amount of non-compliant detergents and surfactants on the market in the EU. A detergent that is presented at customs can only be released for free circulation ad placed on the market if it has a corresponding product passport. National inspectors will continue to be responsible for carrying out checks on products, although a new IT system will screen all digital product passports at the external borders.

Introduction of voluntary digital labelling: For pre-packaged products some of the mandatory labelling information may be move to a digital label. For refillable products all labelling information may be provided digitally – except for dosage instructions for consumer laundry detergents.

Introduction of rules for refilled detergents: Under the revised Regulation refilled detergents are subject to the same rules as pre-packaged detergents. Furthermore, voluntary digital labelling is introduced for refilled detergents to further facilitate the use of these as this is sustainable and reduces packaging waste.

Simplification of market rules by abolishing unnecessary or redundant requirements: The following rules in the Detergent Regulation will be abolished:

• the obligation to provide an ingredient data sheet for hazardous detergents

• the obligatory involvement of approved laboratories performing tests

• the possibility to request a derogation for surfactants that do not meet the criteria of ultimate biodegradability

• the obligation for detergent and surfactant manufacturers to be established in the EU

Furthermore labelling requirements will be simplified and streamlined to reduce the administrative burden for the industry and making them easier to understand for end-users.