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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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