What’s Trending In Compliance In August 2023
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These are some of the top trending compliance topics that generated the most interest globally for July 2023.
1. France: Sustainability Index of Electrical and Electronic Equipment, Draft Decree, August 2023
Proposed in August 2023, this draft Decree proposes to replace the French repairability index with the sustainability index.
If the Decree is adopted, producers and importers will be required to calculate the sustainability index for the equipment they place on the market in accordance with the parameters and procedures established by the order.
Producers and importers will also have the obligation to communicate in an electronic format and free of charge as well as to distributors and sellers the sustainability index and the table containing the details of the sustainability index score in the format and in accordance with the terms and signs provided for by legislation.
As per the draft Decree, the index will be calculated on the basis of the following parameters:
- A score out of 10 relating to the repairability of the equipment,
- A score out of 10 relating to the reliability of the equipment,
- Where appropriate, a score out of 10 relating to software and hardware updates of the equipment.
The draft Decree is proposed to enter into force on 1 January 2024.
2. UK: Using the UKCA Mark, Guidance Document, Revised, August 2023
On 1 August 2023, the UK Department for Business and Trade announced the intention of the indefinite CE mark recognition beyond the 2024 deadline applying to 18 regulations that fall under the Department for Business and Trade. The following are affected by this change:
- Recreational craft and personal watercraft
- Simple pressure vessels
- Electromagnetic compatibility
- Non-automatic weighing instruments
- Measuring instruments
- Measuring container bottles
- Equipment for potentially explosive atmospheres (ATEX)
- Radio equipment
- Pressure equipment
- Personal protective equipment (PPE)
- Gas appliances
- Equipment for use outdoors
- Low voltage electrical equipment
3. EU: Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), Regulation (EC) 1907/2006 – Amendment – (on adding formaldehyde and formaldehyde releasers to Annex XVII) Regulation (EU) 2023/1464
On 14 July 2023, the EU Commission adopted an amendment to the EU REACH Regulation and introduced a maximum emission limit for formaldehyde in a range of consumer products.
The emission limit is established at 0.062 mg/m3 of formaldehyde into indoor air for contributors such as wood-based articles and furniture and the interior of road vehicles.
A limit of 0.08 mg/m3 will apply to other articles, e.g. textile, plastic, leather, construction materials and electronic products.
The Regulation entered into force on 6 August 2023, however producers of products where formaldehyde is used have until 6 August 2026 to comply with the new rules; a 48-month transition period, ending on 6 August 2027, applies to vehicles.
The European Chemicals Agency is expected to develop guidance facilitating harmonized implementation of the test conditions to measure formaldehyde emissions.
4. UK: Producer Responsibility Obligations (Packaging and Packaging Waste) Draft Regulations, July 2023
On 28 July 2023, the UK Department for Environment, Food and Rural Affairs (DEFRA) opened a public consultation proposing the recast of producer responsibility obligations for packaging and packaging waste. Among the numerous measures proposed by the Draft, the introduction of recyclability labeling requirements for packaging was the most notable, as it follows a growing trend in Europe for the marking of packaging with waste sorting/disposal instructions.
In accordance with Chapter 2 of the Draft a “producer”, defined as either a brand owner, a packer/filler, or an importer of packaging, will be obliged to:
- Determine the recyclability of any primary packaging and shipment packaging they supply;
- Keep records of assessments of recyclability for at least 7 years after the record is made;
- Make records available to the labeling authority on demand.
Producers shall ensure that any primary packaging and shipment packaging they supply is labeled, or information on the recyclability of that packaging is otherwise provided.
Two proposed compliance deadlines are provided in the Draft for completing the above obligations:
- 31st March 20** for packaging other than flexible plastic packaging, and
- 31st March 20** for flexible plastic packaging.
Instructions for labeling state that:
- If packaging is determined as not being recyclable the packaging must be labeled with the phrase “Do Not Recycle”, and the do not recycle symbol.
- If packaging classified as being recyclable, the packaging must be labeled with the phrase “Recycle”, and with the recycling symbol.
Where there are methods to collect packaging for recycling other than collection by a relevant authority, the producer must include recycling instructions on the label, in English.
The phrase, symbol and any recycling instructions provided must appear together on the packaging, and be placed on the packaging so that:
- The phrase and the recycling instructions are legible, and
- The phrase, symbol and recycling instructions are easily visible, and not hidden or obscured.
The above obligations will apply to primary or shipment packaging, but will not apply to:
- Any packaging where the surface area of the largest surface of packaging is less than 25 square centimeters,
- Any drink container, or
- Any packaging which is exempt packaging.
The deadline for submitting comments on the Draft is 9 October 2023.
5. Turkey: List of Mandatory Turkish Product Safety Standards, Communiqué No. SGM 2022/40
In May 2023, the Turkish Ministry of Industry and Technology enacted this Communiqué to establish the procedures and principles regarding the implementation of mandatory Turkish Standards for specific products.
The Communiqué covers the Turkish Standards included in Annex-1 and published by the Turkish Standards Institute (TSE). The standards included in Annex-1 are mandatory from the date of entry into force of the Communiqué – 11 November 2023.
It is obligatory to comply with the provisions of this Communiqué for those who manufacture and place the products within the scope of the Turkish Standards in Annex-1.
It is assumed that the products that are legally available on the market in a European Union member state comply with the rules set forth in this Communiqué. The application of these rules is subject to the provisions of the Mutual Recognition Regulation in the Unregulated Area.
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