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European Union intends to amend Annex XVII of REACH regulation to increase the control of formaldehyde emission Release Time:2022-05-09

On 2 May 2022, the European Commission submitted communication G/TBT/N/EU/888 to the World Trade Organization (WTO) proposing to amend annex XVII (EC) No 1907/2006 to increase the control of formaldehyde emissions, which aims to reduce exposure to the carcinogenic formaldehyde through inhalation of indoor air.  The proposed additional requirements are as follows


On 2 May 2022, the European Commission submitted communication G/TBT/N/EU/888 to the World Trade Organization (WTO) proposing to amend annex XVII (EC) No 1907/2006 to increase the control of formaldehyde emissions, which aims to reduce exposure to the carcinogenic formaldehyde through inhalation of indoor air.  The proposed additional requirements are as follows: 


Substance

limitation factor

Formaldehyde

CAS No 50-00-0

EC No 200-001-8

and formaldehyde releasing

substances

1. Shall not be   placed on the market in articles, after [OP, please insert the date: 36   months after the date of entry into force of this amending Regulation] where   formaldehyde or formaldehyde releasing substances have been intentionally   added during their production, if, under the test conditions specified in   Appendix, the concentration of formaldehyde released from those articles   exceeds:

(a) 0,062 mg/m3   for wood-based articles and furniture;

(b) 0,08 mg/m3 for   articles other than wood based articles and furniture.

The first   subparagraph shall not apply to:

 (a) articles that are only for outdoor use   under reasonably foreseeable conditions;

(b) articles   exclusively for industrial or professional use unless formaldehyde released   from them leads to exposure of the general public under foreseeable   conditions of use;

(c) articles within   the scope of entry 72 of this Annex;

(d) articles that are   biocidal products within the scope of Regulation (EU) 528/2012 of the   European Parliament and of the Council*;

(e) devices within   the scope of Regulation (EU) 2017/745;

(f) personal   protective equipment within the scope of Regulation (EU) 2016/425;

(g) articles intended   to come into contact directly or indirectly with food within the scope of   Regulation (EC) No 1935/2004;

(h) second-hand   articles.

2. Shall not be   placed on the market in road EN 2 EN vehicles after [OP, please insert the   date: 48 months after the date of entry into force of this amending   Regulation] where formaldehyde or formaldehyde releasing substances have been   intentionally added during their production, if, under the test conditions   specified in Appendix [X], the concentration of formaldehyde in the interior   of those vehicles exceeds 0,062 mg/m3.

The first   subparagraph shall not apply to:

(a) road vehicles   exclusively for industrial or professional use unless the concentration of   formaldehyde in the interior of those vehicles leads to exposure of the   general public under foreseeable conditions of use;

(b) second-hand   vehicles.

 

Formaldehyde


Formaldehyde is a highly reactive gas at ambient temperature and atmospheric pressure conditions. It is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council2 as carcinogen category 1B, mutagen category 2, acute toxicant category 3, skin corrosive category 1B and skin sensitiser category 1.


Formaldehyde is a high production volume chemical with a wide array of uses. It is also produced endogenously in humans and animals, and it is an essential metabolic intermediate in all cells. 98 % of the formaldehyde manufactured or imported in the Union is used as a chemical intermediate in the production of formaldehyde-based resins, thermoplastics and other chemicals, which are further used in a broad range of applications. Formaldehyde-based resins are used in the production of a wide variety of articles, which, as a result, may release formaldehyde. The primary use of formaldehyde-based resins is in the manufacturing of wood-based panels, where they act as a bonding agent for wood particles. Such resins are also used in the production of other wood-based products like furniture and flooring, and for wallpapers, foams, parts for vehicles and aeroplanes, textile and leather products.


This restriction aims to decrease exposure to formaldehyde, a carcinogenic substance, via inhalation in indoor air. This concentration limit shall provide a high level of protection for the general public by reducing the exposure to formaldehyde in dwellings as well as other places where persons other than workers could be exposed to it, including in the interior of road vehicles; Protection of human health or safety.


AGC Note: The proposed amendments will be subject to a 60-day public consultation, with a proposed adoption date of the last quarter of 2022, and will enter into force on the 20th day after publication in the Official Journal of the European Union. Enterprises should pay attention to the laws and regulations in a timely manner, make good response, use environmental protection materials, reduce the risk of violation. 



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