News

17.01.2024 Amendments to the CLP Regulation

On 5 January 2024, Delegated Regulation (EU) 2024/197 (21st ATP amending the CLP Regulation) was published in the Official Journal of the European Union. The regulation comes into force on 25 January 2024, adapts or adds 52 substances to Part 3 of Annex VI of the CLP Regulation and brings changes to the classification and labelling of affected products. The substances include, for example, cinnamaldehyde, lead powder, massive lead, hydrogen sulphide, sulphur dioxide and benzyl alcohol. The changes will apply from 01.09.2025.

10.10.2023 Ban on Microplastics

On 27 September 2023, Regulation (EU) 2023/2055 amending Annex XVII of Regulation (EC) No 1907/2006 (REACH) was published in the Official Journal of the European Union. This introduces a new restriction regarding synthetic polymer articles (microplastics). As a rule, microplastics are plastic particles in the size range below 5 mm.

Many products are affected by the new rules on microplastics. These include, for example, cosmetic products or bedding granulate on sports fields. The restrictions are implemented with various use-specific transition periods. Even if the use falls under one of the exemptions, there may be information, reporting or labelling obligations. The restrictions for cosmetic products with microbeads (exfoliants) and loose "glitter" already apply from 17.10.2023.

01.09.2023 New Battery Regulation

Regulation (EU) 2023/1542 was published in the Official Journal of the European Union on 28 July 2023 and brings some changes for batteries and waste batteries.

Among other things, batteries will have to prove CE conformity and affix the CE mark in the future. The QR code, via which the manufacturer provides information on the product, is now also part of the labelling. The newly required battery passport should also be accessible via the QR code on the product.

The removability and replaceability of device batteries must be feasible by end users. Washable and rinseable devices designed for appropriate environments and certain medical devices shall ensure removability and replaceability at least by independent professionals.

From 18.02.2024, the regulation will apply in all member states of the EU.

The current version of the regulation can be found under this link.

21.07.2023 New requirements for tobacco products

Delegated Directive (EU) 2022/2100 brings new requirements for heated tobacco products that must be met from 23.10.2023. Flavourings that alter the smell, taste or smoke intensity are now prohibited in any ingredient. In addition, health warnings and the following information message must be displayed: "Tobacco smoke contains over 70 substances known to cause cancer.”

13.07.2023 Extended producer responsibility for textiles in the Netherlands

Since 01.07.2023, extended producer responsibility also applies to clothing and household textiles in the Netherlands. Companies affected by this must register with the competent authority and carry out an annual notification. A six-week deadline until 11.08.2023 has been granted for the transition. In addition, there are other requirements that have to be met by the companies concerned. These include, for example, the establishment of a take-back system or the provision of information to consumers on waste prevention measures of the actor, take-back systems, re-use and recovery facilities, as well as waste prevention in the case of textiles.

26.05.2023 New Product Safety Regulation replaces Product Safety Directive

Regulation (EU) 2023/988 on general product safety was published in the Official Journal of the European Union on 23 May 2023. When the Regulation comes into force on 13.12.2024, the previously applicable Product Safety Directive 2001/95/EC will be completely repealed and thus the Product Safety Act (ProdSG) corresponding at national level will be largely replaced. In contrast to the previous directive, the regulation applies directly in all EU countries and brings with it several innovations. These include, for example, the obligation of manufacturers to carry out a risk analysis for products, the clear definition of remedial measures in the event of a recall or the extension of the scope to include providers of online marketplaces. Products placed on the market in conformity before the date of application may be sold indefinitely. Further information can be found under this link.

28.04.2023 New "Stand-By" Regulation (EU) 2023/826

Published on April 18, 2023, Regulation (EU) 2023/826 " aying down ecodesign requirements for off mode, standby mode, and networked standby energy consumption of electrical and electronic household and office equipment [...]" will replace the previous "stand-by" Regulation (EC) 1275/2008 on May 09, 2025.

Among other changes, new energy-using products will be included in the scope of the regulation. Motor-driven adjustable furniture (e.g. height-adjustable desks) and motor-driven building elements (e.g. shutters or doors) are now added to the previously known product groups.

An exception to the date of application is Article 6 (1), which must be observed as of May 09, 2023. According to this, no devices may be placed on the market that are designed in such a way that they can recognize that they are being tested and manipulate the test in their favor during the test or within the test period.

14.04.2023 New hazard classes under CLP

On 31.03.2023 the delegated regulation (EU) 2023/707 was published in the European Official Journal. This introduces four new hazard classes into the CLP Regulation. The new hazard classes include:

• Endocrine disruption for human health
• Endocrine disruption for the environment
• Persistent, Bioaccumulative and Toxic or Very Persistent, Very Bioaccumulative properties
• Persistent, Mobile and Toxic or Very Persistent, Very Mobile properties

The regulation describes principles and criteria for classification as well as requirements for labelling.

The implementation of the new classification and labelling requirements has to take place by 01.05.2025 for substances and 01.05.2026 for mixtures. For substances and mixtures already placed on the market before the respective date, a transition period is granted. For substances this is one year and six months to 01.11.2026, for mixtures it is two years to 01.05.2028.

13.02.2023 New Requirements für Packaging in Spain

With the Royal Decree (Real Decreto 1055/2022) of December 27, the previous law (Ley 11/1997) was repealed in Spain. Manufacturers are now obliged to register in the register for product manufacturers and to ensure the collection of packaging waste via a take-back system. As of 01.01.2025, the labelling of household packaging must be designed in such a way that it also indicates the container in which it must be disposed of.

18.01.2023 Extension of the ECHA Candidate List

On 17 January, nine more chemicals were added to ECHA's candidate list. These include melamine (CAS No. 108-78-1), which has been assessed as having a concern level of having "probable serious effects to human health and he environment". The substance is mainly used in polymers and resins, coating products, adhesives and sealants, leather treatment products, and laboratory chemicals. Further information can be found under this link.

16.12.2022 Amendment of the Cosmetics Regulation

Regulation (EU) 2022/2195 of 10.11.2022 amending Regulation (EU) 1223/2009 on cosmetic products introduces new restrictions on the use of butylated hydroxytoluene (CAS no. 128-37-0), Acid Yellow 3 (CAS No. 8004-92-0), Homosalate (CAS No. 118-56-9), Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine (CAS No. 919803-06-8) and Resorcinol (CAS No. 108-46-3). The restrictions on Butylhydroxytoluene and Acid Yellow 3 will apply from 01.07.2023, on Homosalate from 01.01.2025 and on Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine from now. Further information can be found under this link.

09.12.2022 Uniform charging interfaces for mobile devices

Directive (EU) 2022/2380 amending Directive 2014/53/EU (Radio Equipment Directive) was published on 07.12.2022 and enters into force on 27.12.2022. The core of the amendments is the standardisation of charging interfaces and functions for affected device types. Mobile devices such as smartphones, tablets or headphones must be equipped with a Type-C charging interface from 28.12.2024 (laptops from 28.04.2026), among other things. The increased interoperability is intended to increase consumer convenience and reduce environmentally hazardous waste.

25.11.2022 Omnibus V Regulation

The Omnibus V Regulation (Regulation (EC) 2022/1531) amending Regulation (EC) No 1223/2009 on cosmetic products was published in September. Among other things, this restricts the use of the substances Methyl Salicylate (CAS No. 119-36-8) and Sodium N-(hydroxymethyl) glycinate (CAS No. 70161-44-3). Further substance restrictions and prohibitions can be found in the document linked here.

25.11.2022 CE & UKCA in Great Britain

On 14.11.2022 the "Department for Business, Energy & Industrial Strategy" announced an extension of the use of CE marking in the UK. The mandatory use of the UKCA marking in the UK has been postponed to 01.01.2025. Until 31.12.2024 companies are allowed to use either the CE or the UKCA marking.

04.11.2022 Update of the Blue Guide

A new version of the ‘Blue Guide’ on the implementation of EU product rules 2022 was published on 29.06.2022. The update considers relevant changes since 2016. This also includes the new EU Market Surveillance Regulation, which has brought multiple changes. The current version of the Blue Guide can be found under this link.

28.10.2022 New EPR Categories France

For the three new EPR categories toys, garden and DIY articles, and sports and leisure articles, there are new notification procedures in France. This means that manufacturers and importers from France, as well as companies based abroad that sell products directly to the end consumer, are obliged to join a manufacturers' association and to take back and dispose of products placed on the market.

21.10.2022 Proposal of a battery regulation

A new battery regulation is to replace the current directive (2006/66/EC). According to the proposal of 10.12.2020, the entire life cycle of batteries is to be considered. The innovations include, among other things the marking of batteries with the CE mark and all obligations associated with it, increased recycling efficiency, as well as higher collection rates. The extensive labeling requirements are to be implemented in part in the form of a QR code.

14.10.2022 Amendment to restrictions and prohibitions in the Cosmetics Regulation

Due to changes in Annexes II, III and V of the Cosmetics Regulation, there are new restrictions and bans on substances in cosmetic products. The ban on sodium N-(hydroxymethyl)glycinate (CAS No.: 70161-44-3) will be lifted on 06.10.2022. If the specifications from Annex V are met, it will then be possible to use it as a preservative. For methyl 2-hydroxybenzoate (CAS No.: 119-36-8), restrictions on use will apply from 17.12.2022. Further substance bans apply from 17.12.2022.

30.09.2022 Ban of the Use of Mineral Oil Components in Printing Inks

On April 13, 2022, France published in the Official Gazette of the French Republic a ban on the use of certain mineral oil components in printing inks of packaging and other printed products intended for the public. The ban applies from 01.01.2023 and entails the following changes: Until 31.12.2024, the use of aromatic hydrocarbons (MOAH) consisting of 1 to 7 aromatic rings and saturated hydrocarbons (MOSH) with 16 to 35 carbon atoms is prohibited in printing inks from a mass concentration greater than 1%. From 01.01.2025, the mass concentration limit will change to 0.1%. Packaging and printed paper manufactured or imported before 01.01.2023 will benefit from a storage phase-out period of up to 12 months.

31.08.2022 Labeling in France

Since 2015, it has been mandatory in France to mark separately collected products and packaging with the Triman logo. In addition, there are now waste separation instructions to be placed on products and packaging destined for private households and subject to extended producer responsibility (EPR). So far, this includes household and service packaging, printed matter, waste electrical and electronic equipment, batteries and accumulators, household waste of chemical products, furniture and furniture elements, and textiles, linen and footwear. Among others, the categories toys, garden and do-it-yourself articles, as well as sports and leisure articles are set to be implemented by the Closed Substance Cycle Waste Management Act for 2022.

31.08.2022 Labeling in Italy

The new packaging labeling regulations in Italy require that an alphanumeric code describing the material of the packaging be affixed. In addition to the alphanumeric code, packaging intended for the end consumer must include recycling instructions. The marking must be applied for all manually separable components of the packaging system. The implementation of the labeling has to be done by 01.01.2023. Packaging that has already been in circulation is exempt from the recycling instructions until the stock existing at the deadline is used up. Further information can be found at this link.

25.07.2022 Amendment on preservatives in the Cosmetics Regulation

If the preservatives listed in Annex V of the Cosmetics Regulation in finished products exceed a specified limit for the release of formaldehyde, then the product must be labeled with the statement "releases formaldehyde". Due to the amending regulation (EU) 2022/1181 of 08.07.2022, the limit value of the formaldehyde concentration in the final product, from which the notice becomes necessary, changes from 0.05% to 0.001%. Finished products that comply with the version of the Cosmetics Regulation in force on 30.07.2022 may still be placed on the Union market until 31.07.2024 and made available until 31.07.2026.

25.07.2022 Amendment of the limit values of UV filters in the Cosmetics Regulation

Due to properties that can have a damaging effect on the endocrine system, the amendment regulation (EU) 2022/1176 adjusts the limit values of two UV filters in cosmetic products. This concerns benzophenone-3 (CAS No. 131-57-7) and octocrile (CAS No. 6197-30-4). The limit for benzophenone-3 is 6% for face, hand and lip products, 2.2% for body products including aerosol and pump sprays, and 0.5% for other products. The limit of octocrile is 9% for aerosol spray products and 10% for other products.

19.07.2022 Simplifications for UKCA Marking

Due to an announcement of the British government published on 20.06.2022, simplifications for the UKCA marking apply until the end of 2022. Thus, CE conformity assessments certified by a notified body located in the EU before 31.12.2022 are also recognized for the UKCA marking. The requirements for product marking and the importer's contact details can be fulfilled in the form of an adhesive label or accompanying document until 31.12.2025, subject to reservations.

19.07.2022 New Obligations for Digital Content

Since 01.01.2022, the directive "[...]on certain aspects concerning contracts for the supply of digital content and digital services" (Digital Content Directive) has been applicable within the European Union. The directive regulates contracts concluded between entrepreneurs (manufacturers and retailers) and consumers for digital products, such as media downloads (e-books, etc.), e-mail services or physical data carriers (DVDs, USB sticks, etc.). With these regulations, in addition to common claims and rights of consumer contracts, there is now also an obligation for function-maintaining updates as well as security updates. Further information can be found on the federal government's website.

01.07.2022 Extended Registration Obligation for Packaging

As a result of the amendment to the Packaging Act, there is now an extended registration obligation for all types of packaging from July 1, 2022. This also applies to all types of packaging that were previously not subject to registration, such as transport packaging, retail packaging for hazardous contents, or retail and grouped packaging that does not typically accumulate as waste with private final consumers.

10.06.2022 Sanctions against Russia and Belarus

Due to the current political situation, some sanctions have been imposed against Russia. Among other measures, Russia was removed from the scope of the European Union's general export licenses as a beneficiary destination by Delegated Regulation (EU) 2022/699 amending Regulation (EU) 2021/821. Belarus has likewise been subject to sanctions as a result of their involvement, including trade restrictions and restrictions on financial flows from Belarus to the EU. For more information, see the page of the Federal Office of Economics and Export Control and the Council of the European Union.

10.06.2022 Amendment to Annex II of the REACH Regulation and consequently the requirements for safety data sheets

As a result of amendments to Annex II of the REACH Regulation, safety data sheets may only be passed on from 01.01.2023 if they comply with the new requirements. These include, among others, the newly included sections 11.2. and 12.7. or the indication of specific concentration values. We recommend that you have all your safety data sheets updated by the end of the year.

29.04.2022 Product Recall Ferrero

At the beginning of April, Ferrero recalled several batches of the "kinder" brand due to a suspected case of salmonella. Products from a plant in Belgium were affected. According to Ferrero's press release, salmonella had already been detected in two raw material tanks on December 15 during in-house inspections. This incident shows the importance of a well-functioning recall management.

07.03.2022 New Standards for Outdoor Candles

This March, two new standards for outdoor candles were published. DIN EN 17616:2022-03 specifies the requirements and test methods regarding the fire safety of candles intended for outdoor burning. This includes, for example, container candles, free-standing candles, garden torches and floating candles. DIN EN 17617:2022-03 regulates the newly introduced specific labeling requirements for outdoor candles. The standards must be published in all CEN member states by 30.06.2022.

07.03.2022 New Requirements Electrical Act

Since the beginning of this year, extensive amendments to the Electrical and Electronic Equipment Act have resulted in new requirements for placing electrical equipment on the market. Among other things, these include new labeling and information obligations, as well as obligations relating to the take-back of electrical equipment. Manufacturers must now set up a take-back concept for B2B electrical equipment, while the conditions under which distributors must take back old equipment have been tightened.

18.02.2022 Substance Restriction Lilial

Mixtures containing lilial (CAS 80-54-6 / EC 201-289 8), with ≥0.3% lilial by mass may no longer be supplied to consumers from 01/03/2022. Lilial is now included as a category 1B substance toxic to reproduction in Appendix 6 of Annex XVII REACH.

18.02.2022 Dr. Gans-Eichler Chemieberatung GmbH

We are pleased to announce that our long-time partner, Dr. Gans Eichler Chemieberatung GmbH, has joined our group of companies. Dr. Gans Eichler Chemieberatung GmbH has been an expert in the preparation of safety data sheets and product compliance services in the field of cosmetics since 2010.