ZeroPM Regulatory Watch Update November 2023

Another week of major news updates as the EU goes foreward in implementing its Chemcials Strategy for Sustainability in relation to persistent and mobile substances!

REACH revision likely delayed until next Commission

The European Commission adopted on 17 October 2023 its work programme for 2024, the last one before the EU elections in June 2024. The expected REACH revision is not on the list of new initiatives for the coming year, indicating that the Commission proposal is very likely not going to be published under the present Von der Leyen Commission.

Council backs EPR system in its general approach on the Urban Wastewater Treatment Directive

In its general approach on the revision of the Urban Wastewater Treatment Directive, adopted on 16 October, the Council backed the Extended Producer Responsibility scheme proposed by the Commission, making pharmaceuticals and cosmetics producers pay for the implementation of quaternary treatment. The Council only amended the Commission text to set a deadline for the application of the EPR system three years after the entry into force of the Directive. The European Parliament, which adopted its position on 5 October, had proposed that the EPR scheme should be complemented with national funding.

Regarding the revision of the list of products subject to the EPR scheme, the Council proposed that the Commission considers the necessity to expand the list in the next evaluation of the Directive (scheduled for 2035 and 2041). The list would then be regularly revised on the basis of the results of the evaluation and new scientific evidence. This is less strict than the Parliament’s amendments, which proposed that the Commission reviews the list of products subject to the EPR scheme every five years and is empowered to revise the list by delegated acts. The Council also added in a recital that ‘Member States should have the possibility to impose additional requirements to the EPR schemes’, without specifying further what are these requirements. On the contrary, the Parliament had clearly introduced the possibility for Member States to add sectors to the EPR scheme based on evidence of the presence of micro-pollutants produced by these sectors in wastewater.

The Council also reduced the obligation to apply quaternary treatment to treatment plants serving populations over 200 000 people (double the threshold proposed by the Commission – 100 000 – and higher than the threshold proposed by the Parliament – 150 000). Other amendments are summarised in the excel sheet.

European Parliament’s ENVI committee proposes to ban PFAS in food contact packaging

In its draft report on the proposal for a Regulation on packaging and packaging waste (replacing the current Directive), adopted on 24 October, the ENVI Committee proposes to ban the placing the market of food contact packaging containing intentionally added PFASs and Bisphenol A, starting 18 months after the date of entry into force of the Regulation (around summer 2025). Possible overlaps with the global PFAS restriction, currently reviewed by ECHA’s scientific committees, which does not propose derogations for food contact materials for use in consumer articles, will likely be a point of discussion with the Council and the Commission. The report from the ENVI Committee will be examined in plenary in November 2023.

European Parliament’s ENVI Committee upholds pesticides reduction targets from Farm to Fork Strategy

The position from the ENVI Committee on the proposed Regulation on the sustainable use of plant protection products, adopted on 24 October, contains binding targets to reduce by 2030 the use and risk of chemical plant protection products by at least 50% and the use of more hazardous products by 65%, compared to the 2013-2017 average, while the Commission had proposed a 50% target for both based on the 2015-2017 average. The Parliament’s Agriculture Committee had proposed to postpone the deadlines to 2035 and to require the Commission to evaluate the feasibility to achieve the Union targets by 2029. The report from the ENVI Committee will be examined in plenary in November 2023.  

Upcoming/recently passed consultation deadlines:

  • Deadline to provide feedback on the proposal for a Directive on Soil Monitoring and Resilience (Soil Monitoring Law): 3 November 2023 (note passed at the time of posting)
  • Deadline to provide feedback on the revision of the general pharmaceutical legislation: 8 November 2023 (note – current deadline today at the time of posting)
  • Deadline to provide feedback on the European positive lists of substances, compositions and constituents for organic, cementitious, metallic, enamels, ceramic or other inorganic materials, which are authorised for use in the manufacture of materials or products that come into contact with drinking water:
    • Implementing Decision establishing the positive lists: 16 November
    • Delegated Regulation establishing the procedure for amending the positive lists: 13 November
    • Implementing Decision establishing methodologies for testing/accepting substances, compositions & constituents in European positive lists: 16 November
    • Implementing Decision establishing the procedure and methodologies for testing and accepting final materials: 16 November
    • Delegated Regulation establishing the conformity assessment procedure for products that come into contact with drinking water: 16 November

Deadline to contribute to ECHA’s call for evidence on the draft screening report on the presence and risk of Bis(2-methoxyethyl) ether (Diglyme) in articles: 22 November 2023

Gantt Chart and Detailed Spreadsheet and more info of upcoming actions related to persistent and mobile substances

For more information of regulations under the regulatory watch, as well as a Gantt Chart of the roll out, continuously updated spreadsheet and more information, please visit https://zeropm.eu/regulatory-watch/

ZeroPM Regulatory Watch Update October 2023

We have several big and exciting updates this month, as the EU goes foreward in implementing its Chemcials Strategy for Sustainability in relation to persistent and mobile substances!

Council and Parliament agree on phase out of F-gases by 2050

On 5 October the Council and the Parliament reached a provisional agreement on the revision of the F-gas Regulation, which provides for a complete phase out of HFC consumption by 2050. Production rights allocated by the Commission will be gradually phased down from 2024 to 2049. The agreement includes specific phase-out dates for the use of F-gases in certain products, including key sources of PFAS emissions: heat pumps and air conditioning units must use F-gas free alternatives by 2035 and medium and high voltage switchgear by 2030 and 2032. The provision agreement will be submitted to the Council and the Parliament’s environment committee for endorsement, before its formal adoption and publication in the Official Journal.

European Parliament supports harmonised classification for groups of substances in its position on the revision of CLP

The Parliament adopted its position on the revision of the CLP Regulation in plenary on 4 October. Amendments proposed by the Parliament push for more group classification and specify that ‘whenever considered scientifically justified and possible by a competent authority or the Commission, proposals for harmonised classification and labelling shall prioritise groups of substances rather than individual substances’. The Parliament also calls on the Commission to assess the introduction of hazard criteria for immunotoxicity and neurotoxicity by 31 December 2025. Other amendments include a ban on environmental claims for chemicals classified as hazardous, an obligation to assess the progress on Non-Animal Methods (NAMs) every three years and a right for citizens to submit evidence of incorrect or missing classification – details included in the excel sheet. As both the Parliament and the Council have adopted their position, negotiations between institutions on the final text can start.

ECHA received more than 5 600 comments on the PFAS restriction proposal

ECHA received more than 5 600 comments from more than 4 400 organisations, companies and individuals to the consultation on the draft PFAS restriction proposal, which closed on 25 September 2023. Almost 60% of comments came from companies and 10% from industry or trade associations; 27% came from individuals and the remaining 4% from other stakeholder groups (see ECHA’s press release). Part of these comments are already available on the restriction proposal page. The comments will be considered by RAC and SEAC in their evaluation of the restriction proposal.

European Parliament adopts its position on water legislation; delays expected on revised lists of surface and groundwater pollutants

The Parliament adopted its position on the revision of the Water Framework Directive (WFD), Groundwater (GWD) and Environmental Quality Standards (EQS) Directives on 12 September 2023 and on the Urban Wastewater Treatment (UWWT) Directive on 5 October. In both cases, the final position of the Parliament largely upheld the reports of the ENVI Committee – details provided in the excel sheet. The Council is expected to adopt its general approach on the UWWT Directive on 16 October. Regarding the other water file (revised lists of pollutants – WFD/GWD/EQSD), progress towards a Council negotiating position has been slower and a general approach is not expected before next year, according to ENDS Europe.

Upcoming consultation deadlines:

  • Deadline to provide feedback on the proposal for a Regulation on the safety of toys: 31 October 2023.
  • Deadline to provide feedback on the proposal for a Directive on Soil Monitoring and Resilience (Soil Monitoring Law): 3 November 2023.
  • Deadline to provide feedback on the revision of the general pharmaceutical legislation: 8 November 2023.

Gantt Chart and Detailed Spreadsheet and more info of upcoming actions related to persistent and mobile substances

For more information of regulations under the regulatory watch, as well as a Gantt Chart of the roll out, continuously updated spreadsheet and more information, please visit https://zeropm.eu/regulatory-watch/

ZeroPM Regulatory Watch Update September 2023

Our monthly update on the roll out of the EU’s Chemicals Strategy for Sustainability as it relates to persistent and mobile substances.

We are a bit late this month, as not much happend in August. Expect a big update in October as September was quite a busy month!

ECHA to start reviewing substances of concern in batteries in 2024

Regulation (EU) 2023/1542 on batteries and waste batteries, adopted in July 2023, entered into force on 17 August 2023. The new regulation requires the Commission, supported by ECHA, to publish a report by the end of 2027 on substances of concern (defined as ‘having an adverse effect on human health or the environment or hampering recycling for safe and high quality secondary raw materials’) present in batteries or used in their manufacture. Based on the findings of this report, the Commission may propose to restrict new substances under the Regulation if ‘an unacceptable risk to human health or the environment […] that is not adequately controlled and needs to be addressed on a Union-wide basis’ is identified at any stage of the battery’s life cycle. In a statement published on 17 August, ECHA indicated that they will start working on the report in 2024.

Upcoming consultation deadlines:

  • Deadline to provide feedback on the PFAS restriction: 25 September 2023
  • Deadline to provide feedback on the revision of the general pharmaceutical legislation: 31 October 2023.
  • Deadline to provide feedback on the proposal for a Directive on Soil Monitoring and Resilience (Soil Monitoring Law): 31 October 2023.
  • Deadline to provide feedback on the proposal for a Regulation on the safety of toys: 31 October 2023.

Gantt Chart and Detailed Spreadsheet and more info of upcoming actions related to persistent and mobile substances

For more information of regulations under the regulatory watch, as well as a Gantt Chart of the roll out, continuously updated spreadsheet and more information, please visit https://zeropm.eu/regulatory-watch/