Adoption of new CLP hazard classes
The Delegated Regulation setting out new regards hazard classes and criteria, including for PMT / vPvM substances has been adopted on 19 December 2022. The Regulation will enter into force early this year (mid-February), after scrutiny by the European Parliament and Council.
Together with the adopted delegated act, the Commission published on 19 December 2022 a proposal for the revision of the CLP Regulation. The proposed revision adds the new hazard classes to the hazards that are normally subject to harmonised classification and labelling (amendments to Article 36 of the CLP Regulation). The proposal introduces the possibility for the Commission to initiate the harmonised classification and labelling procedure by requesting ECHA or EFSA to prepare a CLH proposal for a substance (amendments to Article 37 of the CLP Regulation). This possibility was so far only provided to Member States competent authorities and manufacturers, importers and downstream users. The possibility to initiate harmonised classification and labelling proposals for several substances at once is also added to the Regulation. The consultation on the draft Commission proposal is open until 28 February 2023.
The Member States Committee identified Melamine as SVHC in December 2022.
Regulation on maximum levels of PFAS in certain foodstuffs
The Commission Regulation amending Regulation (EC) No 1881/2006 as regards maximum levels of perfluoroalkyl substances in certain foodstuffs has been adopted on 7 December 2022. Addressing the presence of PFAS in food by introducing limits in the legislation on food contaminants was in the action plan of the Chemicals Strategy for Sustainability. Commission Regulation (EC) No 1881/2006 sets maximum levels for certain contaminants in foodstuffs listed in Annex to the Regulation. The amending Regulation sets maximum levels in food (eggs, fish, crustaceans and meat) for PFOS, PFOA, PFNA, and PFHxS. The limit values have been adopted based on EFSA’s opinion of 9 July 2020 on the risk to human health related to the presence of perfluoroalkyl substances in food. The Regulation entered into force on 1 January 2023.
Zero pollution monitoring and outlook
The European Environmental Agency presented their first Zero pollution monitoring assessment and the Commission Joint Research Center the Zero pollution outlook 2022 at the Zero Pollution Stakeholder Conference on 14 December 2022. The presentations from the conference are available here.
The Zero pollution monitoring assessment assesses progress towards the six targets set out for 2030 in the Zero Pollution Action Plan of 2021. The EEA concluded that the two targets to ‘reduce the use and risk of chemical pesticides by 50 %’ and to ‘reduce the use of the more hazardous chemical pesticides by 50 ’. EEA’s report is available here (most relevant chapters are the ‘production’ section and the health chapter) and the Commission’s Zero pollution monitoring and outlook report here.
The JRC’s Zero pollution outlook 2022 presents modelling and foresight results which provide a broader perspective on whether the EU is on track with regard to the objectives of the EU zero pollution ambitions and associated EU legislation. The JRC’s report is available here.
Swedish presidency of the Council
Sweden has taken up the presidency of the Council for the next six months, until end of June 2023. The Presidency’s work programme prioritises, in the Environment Council, the revision of the Industrial Emissions Directive, the revision of the Ambient Air Quality Directives, and aims to advance the work on the revision of the Packaging Directive and on circular-economy related matters, in particular on ‘EU regulatory frameworks that promote non-toxic material cycles, increased use of high-quality recycled materials in products, and other business models that promote a circular economy’.
Upcoming consultation deadlines:
- Deadline to respond to the public consultation on the revision of the Food Contact Material legislation: 11 January 2023.
- Deadline to comment on the draft Commission Proposal revising the lists of surface and groundwater pollutants: 28 February 2023.
- Deadline to comment on the draft Commission Proposal revising the Urban Waste Water Treatment Directive: 28 February 2023.
- Deadline to comment on the draft Commission Proposal revising the Ambient Air Quality Directive: 28 February 2023.
- Deadline to comment on the draft Commission Proposal for a Regulation on Packaging and Packaging Waste: 28 February 2023.
- Deadline to comment on the draft Commission Proposal amending the CLP Regulation: 28 February 2023.
Upcoming regulatory milestones:
- Transposition of the Drinking water Directive (Directive (EU) 2020/2184) in all 27 Member States is due on 12 January 2023.
- PFAS Restriction: The restriction proposal on the manufacture, placing on the market and use of PFAS, prepared by Germany, Denmark, the Netherlands, Norway and Sweden, is expected to be submitted on 13 January 2023.
Gantt Chart of upcoming actions related to persistent and mobile substances
For more information of regulations under the regulatory watch, visit https://zeropm.eu/regulatory-watch/