EU Proposed Commission Regulation to Amend Annex XVII to REACH Regulation by Adding Lead and Its Compounds Content Requirement on PVC
In June 2022, the European Commission has proposed a Commission Regulation to amend Annex XVII to REACH Regulation (EC) No 1907/2006. The following paragraphs are proposed to be added to Entry 63 on lead and its compounds. The proposed amendment is planned to be adopted in the fourth quarter of 2022.
15. Shall not be used in articles produced from polymers or copolymers of vinyl chloride (“PVC”).
16. Shall not be placed on the market in PVC articles if the concentration of lead (expressed as Pb metal) is equal to or greater than 0.1 % by weight of the PVC material.
17. Paragraphs 15 and 16 shall apply with effect from the date corresponding to 24 months+1 day after the entry into force of this Regulation.
18. By way of derogation, paragraphs 15 and 16 shall not apply to the following PVC articles containing recovered rigid PVC until the date corresponding to 10 years after the entry into force of this Regulation, if the concentration of lead (expressed as metal) is lower than 1.5 % by weight of the recovered rigid PVC and, where a layer of newly produced PVC or other material covers the recovered rigid PVC, the concentration of lead (expressed as metal) is lower than 0.1 % by weight in that layer:
(a) profiles and sheets for exterior applications in buildings and civil engineering works, excluding decks and terraces;
(b) profiles and sheets for decks and terraces, provided that the recovered PVC is used in a middle layer and is entirely covered with a layer of newly produced PVC or other material;
(c) profiles and sheets for use in concealed spaces or voids in buildings and civil engineering works (where they are inaccessible during normal use, excluding maintenance, for example, cable ducts);
(d) profiles and sheets for interior building applications, provided that the entire surface of the profile or sheet facing the occupied areas of a building after installation is produced using newly produced PVC or other material;
(e) multi-layer pipes (excluding pipes for drinking water), provided that the recovered PVC is used in a middle layer and is entirely covered with a layer of newly produced PVC or other material;
(f) fittings, excluding fittings for pipes for drinking water.
Rigid PVC recovered from the categories of articles referred to in points (a) to (d) shall only be used for the production of new articles of any of those categories.
Suppliers of PVC articles containing recovered rigid PVC with a concentration of lead (expressed as metal) equal to or greater than 0.1 % by weight of the PVC shall ensure, before placing those articles on the market, that they are visibly, legibly and indelibly marked with the statement: “Contains lead”. Where the marking cannot be provided on the article due to the nature of the article, it shall be on the packaging of the article.
Suppliers of PVC articles containing recovered rigid PVC shall submit to national enforcement authorities upon request documentary evidence to substantiate the claims on the recovered origin of the PVC in those articles. Certificates issued by schemes to provide proof of traceability and recycled content, such as those developed according to EN 15343:2007 or equivalent recognised standards, may be used to substantiate such claims for PVC articles produced in the Union. Claims made on the recovered origin of the PVC in imported articles shall be accompanied by a certificate that provides equivalent proof of traceability and recycled content, issued by an independent third party.
By the date corresponding to 5 years after the entry into force of this Regulation, the Commission shall review this paragraph in light of new scientific information and, if appropriate, modify it accordingly.
19. By way of derogation, paragraphs 15 and 16 shall not apply to:
(a) PVC-silica separators in lead acid batteries, until the date corresponding to 10 years after the entry into force of this Regulation;
(b) articles covered by paragraph 1, in accordance with paragraphs 2 to 5, and by paragraph 7 in accordance with paragraphs 8 and 10;
(c) articles within the scope of:
(i) Food Contact Material (FCM) Regulation (EC) No 1935/2004;
(ii) RoHS Directive 2011/65/EU;
(iii) Packaging Directive 94/62/EC;
(iv) Toy Safety Directive 2009/48/EC.
20. By way of derogation, paragraph 16 shall not apply to PVC articles placed on the market until the date corresponding to 24 months after the entry into force of this Regulation.
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