On May 8 2023, the European Union (EU) published Regulation (EU) 2023/923 to amend Annex XVII to REACH Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards lead and its compounds in PVC.
The new restriction on lead less than 0.1% in polymers or copolymers of vinyl Chloride (PVC) have been added to Entry 63, of Annex XVII of REACH. It will become effective on 29 November 2024.
The new restriction as below points:
- Shall not be placed on the market or used in articles produced from polymers or copolymers of vinyl chloride (‘PVC’), if the concentration of lead is equal to or greater than 0.1 % by weight of the PVC material. The requirement shall apply with effect from 29 November 2024.
- PVC articles containing recovered flexible PVC shall be exempted until 28 May 2025.
- The PVC articles containing recovered rigid PVC shall be exempted until 28 May 2033, if the concentration of lead is lower than 1.5 % by weight of the recovered rigid PVC.
- Suppliers of PVC articles containing recovered rigid PVC with a concentration of lead equal to or greater than 0.1 % by weight of the PVC material shall ensure, before placing those articles on the market, that they are visibly, legibly and indelibly marked with the statement: “Contains ≥ 0.1 % 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.
- The restriction shall not apply to:
- PVC-silica separators in lead acid batteries, until 28 May 2033
- Articles covered by paragraph 1, in accordance with paragraphs 2 to 5, and by paragraph 7 in accordance with paragraphs 8 and 10
- Articles within the scope of:
- Regulation (EC) No 1935/2004;
- Directive 2011/65/EU;
- Directive 94/62/EC;
- Directive 2009/48/EC.
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