What’s Trending In Compliance In May 2024

This blog was originally posted on 27th May, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

At Compliance & Risks we help manufacturers, retailers and their supply chain partners to monitor and manage global regulations via C2P, our compliance knowledge management platform.

We break down some of the top compliance trends in May 2024 that are generating the most interest globally this month.

1. EU: Guidance for the Interpretation of the Common Charger Directive, Notice C/2024/2997, May 2024

On 7 May 2024, the EU Commission published the Guidance for the Interpretation of the Common Charger Directive 2022/2380. 

The rules introduced into the Radio Equipment Directive 2014/53/EU (“RED”) by the Common Charger Directive apply only to specific categories of radio equipment listed in Part I of Annex Ia. The focus of the Guidance is only on the amendments introduced to the RED by the Common Charger Directive.

The Guidance sets out information collated from exchanges of information among national authorities and various stakeholders. This document supplements the RED Directive Guide and the Blue Guide.

2. Denmark: Implementation of Stockholm Convention, Plan, March 2024

In March 2024, the Danish Ministry of Environment published the updated National Implementation Plan (“NIP”) for the Stockholm Convention on Persistent Organic Pollutants (“POPs”). 

Denmark submitted its first comprehensive NIP in 2006 and updated it in 2012 and 2018, including new POPs under the Stockholm Convention. The current NIP provides the latest update of the NIP, which includes the six new substances/substance groups that have been added to the Stockholm Convention in 2019, 2021 and 2023:

• Dicofol;
• Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds;
• Perfluorohexanesulfonic acid (PFHxS), its salts and PFHxS-related compounds;
• Methoxychlor;
• Dechlorane Plus;
• UV-328.

3. EU: Call for Evidence and Information on Aromatic Brominated Flame Retardants, REACH Substance Evaluation, Consultation Document, February 2024

The EU Commission has requested the European Chemicals Agency (“ECHA”) to investigate flame retardants, particularly focusing on aromatic brominated flame retardants. The report should provide updated information on hazards of aromatic brominated flame retardants which has become available after the publication of the report “Regulatory Strategy for Flame Retardant” as well as information on hazardous properties of flame retardants that were not covered in the strategy report. The report should also cover information on uses and the available alternatives. 

The report will assist the Commission in deciding whether to request the ECHA to prepare a restriction dossier.

In order to gather information from stakeholders, several calls for evidence are planned. In the first call for evidence, information on the uses of aromatic brominated flame retardants was requested. In the second call for evidence, information on alternative substances and materials is being gathered. This call for evidence ends on 28 June 2024. 

4. EU: Treated Articles Allowed Active Substances List, April 2024

On 22 April 2024, the European Chemicals Agency (“ECHA”) published the revised list of allowed active substances in respect of treated articles, which provides the status of active substance-product type combinations.

ECHA compiled this list to assist stakeholders in determining the active substance-product type combinations which can be used in treated articles – either as they fulfil the requirement under Article 58(2) of Regulation (EU) No 528/2012, or as they benefit from the derogation under Article 94 of the Regulation. 

The combinations are categorized in the document into three parts. As stated in the Explanatory Note, 

“Part I contains AS-PT combinations which are under examination either in or outside the Review Programme, or have been approved. […]

Part II contains withdrawn AS-PT combinations for which a submission was made by 1 September 2016 but for which the period of grace has not yet expired. […]

Part III contains AS-PT combinations notified for (ongoing) inclusion in the review programme for which ECHA has issued a declaration of compliance in accordance with Article 17(5) of the Review Programme Regulation (EU) No 1062/2014), or where such a notification is being processed.”

5. EU: Application of the Machinery Directive 2006/42/EC, Guidance Document, Version 2.3, April 2024

On 26 April 2024, the EU Commission Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs published the updated Guide to Application of the Machinery Directive 2006/42/EC. 

The update to edition 2.3 comprises provisions on instructions for use and EC Declaration of Conformity, assembly instruction for partly completed machinery and Declaration of Incorporation when provided in digital format. These also refer to provisions in the new Machinery Regulation (EU) 2023/1230 which entered into force on 19 July 2024 and is set to apply from 20 January 2027.

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The top compliance trends in May 2024 is based on the most viewed regulations on C2P this month. If you would like to see C2P in action, join us for a bite-sized high-level demo to witness the true power behind C2P.

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