Chemical solutions newsletter February 2023

In this edition:

• PFAS and how you can prepare for the universal restriction proposal
• why you need to update your REACH dossiers and SDS urgently
• poison centre notifications
• potential change to titanium dioxide regulations
• the newly published Emergency Action Code List 2023.

Six simple steps you should be taking right now to prepare for ECHA's restriction proposal on PFAS

PFAS are extremely stable chemicals that remain in the environment for many decades after release. They are recognised as a significant environmental and public health challenge. Over 4,700 PFAS are listed in the OECD global PFAS database and more recent estimates show that there are over 10,000 PFAS.  

We recently helped a business who were unaware that they had PFAS in their substance portfolio but after being questioned by their insurers contacted Ricardo for support. Our regulatory experts were quickly able to help and identified six substances which met the definition of PFAS. Explore how Ricardo can help your business identify and transition away from PFAS use.

The manufacture, use and supply of some PFAS are already restricted under REACH, the most recent of which is the EU-wide restriction of C9-C14 perfluorocarboxylic acids – a subgroup of PFAS. The ban begins on 25 February.

The Chemical Strategy for Sustainability made a clear commitment to phase out all PFAS use in the EU. A proposal for a ‘universal restriction’ on all PFAS has been prepared by five EU Member State authorities and the restriction dossier has been published by ECHA. ECHA's scientific committees will now evaluate the proposal.

We expect that producers and users of PFAS will need to reformulate products and modify processes in response to tighter regulation and customer demand for safer, more sustainable chemistries. We are currently analysing the proposal documents and annexes and will release more on what this proposed restriction means. We will also be sharing more information on PFAS in general and why the chemical industry needs to take urgent action to phase out these substances.

In the meantime, we recommend that you take these six simple steps to prepare for this restriction proposal and future proof your supply chain.

Update your REACH dossiers urgently!

Keeping your registration dossiers up to date is a legal obligation under REACH. Compliance checks are going to increase from 5% to 20% in each tonnage band, representing 30% of all registered chemicals. By 2027, ECHA aims to have screened all registration dossiers submitted by the 2018 deadline. If ECHA finds a compliance failure, it could lead to problems with your REACH registration and subsequent market access.

For those of you who are Cefic members and have signed up to the Cefic action plan, please note that Cefic does not have access to registration dossiers and all updates need to be done by individual businesses. If you are a Cefic member and have signed up to the action plan, please contact us urgently so we can help you to update your dossiers.

Ricardo experts will review your dossier to identify and fill data gaps, strengthen justifications for adaptations, and confirm that all appropriate information has been gathered, to reduce the likelihood of ECHA requesting further information.

Learn more >

Poison centre – industrial use deadline and harmonised submissions

As you're already be aware, deadlines for customer and professional use products have passed, and the remaining poison centre notification deadlines are as follows:

• 1 January 2024 – for industrial use products
• 1 January 2025 – for notifications which were completed via individual Member States and now need to be replaced by the harmonised portal notifications.

Don't forget that a revision to the CLP regulation, introducing new hazard classes for endocrine disruptors and other harmful chemicals, is expected to enter into force in 2023. Where these new classifications apply you will need to update your poison centre notifications along with your SDS, labels and REACH dossiers.

Read more >

Potential change to EU regulations regarding titanium dioxide

The EU Court of Justice has annulled the Commission ruling on Regulation (EU) 2020/217 amending Regulation (EC) 1272/2008 on the classification, labelling and packaging of substances and mixtures that classified titanium dioxide as a carcinogenic substance and required it to have a minimum classification of a Category 2 Carcinogen (H351). This decision has not been fully implemented and is currently in a period of appeal. If finalised, this could impact your SDS and poison centre notifications for materials containing titanium dioxide. 

We recommend that you identify all your mixtures that include titanium dioxide to determine where there may be an impact. Our horizon scanning tool can help you to do this. In this instance, it would perform a substance inventory check and highlight all your products that contain titanium dioxide that would be impacted by this regulation change, once it has been finalised, with the results provided in a clear, easy-to-read report. 

Learn more > 

ECHA have started safety data sheet compliance checks

As part of their EU-wide enforcement project (REF-11), Member State national authorities have started to check compliance of SDS against Annex ll of REACH Regulation with the main objective to assess whether duty holders have provided SDS that meet the new requirements. 

Are there any costs of non-compliance?

The deadline to update your EU SDS as per the new REACH Annex II requirements was 31 December 2022. In addition to non-compliance fines, outdated EU SDS are likely to cause significant supply chain issues to businesses.

For example, Ricardo was informed that a Belgian port would not unload products that were non-compliant with REACH Annex II. The port made it clear that there would be no flexibility and the deadline for compliance would be rigidly observed.

If you have not updated your SDS, we strongly urge you to do so as soon as possible. Our team of trusted SDS experts and SDS training courses for those authoring in-house are available to support your business.

Learn more > 

Dangerous Goods Emergency Action Code List 2023 is now available

We are proud to have once again produced the Dangerous Goods Emergency Action Code (EAC) List 2023, in co-operation with the UK Home Office and published by TSO. The EAC List 2023 is effective immediately in connection with the use of ADR/RID 2023 Edition and will be mandatory from 1 July 2023 when the EAC List 2021 should no longer be used.

A digital copy, along with a summary of all the changes implemented, can be accessed here. A physical copy can be purchased from TSO here.

Our experts run a Dangerous Goods Awareness training course that provides general hazard awareness along with function specific training. This course benefits all personnel working with or transporting hazardous goods. You can find out more about our training courses here.

To speak to a member of our team about how we can assist you with regulatory compliance, emergency response or sustainability, please contact us today.