ZeroPM Regulatory Watch Update January 2023

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.

CLP revision

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.

Melamine

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:

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

Click here to find Gantt chart of upcoming actions related to regulations that could impact the use and management of persistent and mobile substances in Europe.

For more information of regulations under the regulatory watch, visit https://zeropm.eu/regulatory-watch/

ZeroPM Regulatory Watch Update December 2022

Revision of REACH and CLP Regulations

  • The second Ad-hoc CARACAL on the CLP Delegated Act happened on 29 November 2022. The publication of the final delegated act is planned for 19 December. According to EEB and Chemtrust, the PMT/vPvM criteria improved, with the removal of a phrase requested by industry to make the identification of mobility more difficult.
  • The Commission’s draft impact assessment for the revision of REACH received the green light from the Regulatory Scrutiny Board on 17 November 2022. The Regulatory Scrutiny Board is an independent body within the Commission issuing opinions and recommendations on all the Commission’s draft impact assessments, fitness checks, and major evaluations of existing legislation. Its positive opinion is mandatory before an initiative with an impact assessment can be adopted by the Commission. The Commission can now start preparing the legislative proposal – which could be adopted earlier than Autumn 2023 as planned in the Commission Work Programme (possibly spring 2023).

Upcoming consultation deadlines:

  • Deadline to respond to the call for evidence on the Fitness check of the application of the polluter-pay principle: 9 December 2022. A public consultation will follow in the first quarter of 2023.
  • 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: 27 January 2023 (extended).
  • Deadline to comment on the draft Commission Proposal revising the Urban Waste Water Treatment Directive:  27 January 2023 (extended).
  • Deadline to comment on the draft Commission Proposal revising the Ambient Air Quality Directive: 27 January 2023 (extended).
  • Deadline to comment on the draft Commission Proposal for a Regulation on Packaging and Packaging Waste: 27 January 2023.

Other EU policy updates 

  • The Commission adopted on 30 November its Circular Economy Package including the Commission proposal for a Regulation on Packaging and Packaging Waste and a Communication on an EU policy framework on biobased, biodegradable and compostable plastics.
  • The first Zero Pollution Monitoring and Outlook Report will be presented at the Zero Pollution Stakeholder Conference on 14/12/2022. The implementation of the Zero Pollution Monitoring and Outlook Framework stems from the Zero Pollution Action Plan and aims to monitor overall pollution levels and impacts in order to track progress towards achieving the objectives of the Green Deal. A second Zero Pollution Monitoring and Outlook Report will be published in 2024.

Gantt Chart of upcoming actions related to persistent and mobile substances

Click here to find Gantt chart of upcoming actions related to regulations that could impact the use and management of persistent and mobile substances in Europe.

For more information of regulations under the regulatory watch, visit https://zeropm.eu/regulatory-watch/

ZeroPM Prevention Workshop registration is now open

Registration is now open for ZeroPM’s first workshop

Achieving Zero Pollution of Persistent and Mobile Substances: Prevention through Chemical Alternatives, Policy Action and Market Transition

7th and 8th of February 2023

Gothenburg, Sweden

The workshop will be on opportunity to interact with experts and authorities on prevention strategies to achieve zero pollution of persistent and mobile substances through chemical alternatives, policy action and market transition.

On our events page you will find a teaser trailer, the program, registration information, as well as practical information about the location and venue. Please note that the conference is in person only and is limited to 150 participants.