What’s Trending In Compliance In September 2023
This blog was originally posted on September 27th, 2023. 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.
These are some of the top trending compliance topics that generated the most interest globally for September 2023.
1. EU: Persistent Organic Pollutants (POPs), Regulation (EU) 2019/1021 – Amendment – (on listing of PFHxS, its salts and PFHxS-related compounds in Annex I) Regulation (EU) 2023/1608
This EU Regulation implements the recent Decision that amended the Stockholm Convention on Persistent Organic Pollutants. Part A of Annex I of the EU Persistent Organic Pollutants (POPs) Regulation (EU) 2019/1021 is supplemented with a new entry:
“Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds CAS No. 355-46-4 and others, EC No. 206-587-1 and others
Specific exemption on intermediate use or other specification:
- For the purposes of this entry, Article 4(1), point (b), shall apply to concentrations of PFHxS or any of its salts equal to or below 0,025 mg/kg (0,0000025 % by weight) where they are present in substances, mixtures or articles.
- For the purposes of this entry, Article 4(1), point (b), shall apply to the sum of concentrations of all PFHxS-related compounds equal to or below 1 mg/kg (0,0001 % by weight) where they are present in substances, mixtures or articles.
- For the purposes of this entry, Article 4(1), point (b), shall apply to concentrations of PFHxS, its salts and PFHxS-related compounds equal to or below 0,1 mg/kg (0,00001 % by weight) where it is present in concentrated firefighting foam mixtures that are to be used or are used in the production of other firefighting foam mixtures. This exemption shall be reviewed and assessed by the Commission no later than 28 August 2026.”
2. France: Methods of Display, Signage and General Parameters for Calculating the Sustainability Index of Electrical and Electronic Equipment, Draft Order, August 2023
This proposed Order applies to all electrical and electronic equipment subject to the calculation and display of the sustainability index pursuant to the Order on the sustainability index for electrical and electronic products.
The sustainability index is intended to replace the French reparability index. The sustainability index is a score out of ten which will have to be displayed at the time of purchase to inform consumers of the lifetime of electrical and electronic products.
This draft Order sets out the procedures for applying the sustainability index: score constituting the reparability index (Article 2), colors and display signage (Article 3), calculation of the index and presentation of the parameters used to establish it (Article 4), definition of the sub-criteria (Article 5).
Similar to the reparability index, the proposed legal texts relating to the sustainability index do not require labeling of the product units but merely an on-the-shelf display provided by sellers in stores or on online sales websites. By taking into account reliability and upgradability criteria, the sustainability index aims to encourage consumers to make their products last by prioritizing the purchase of more robust products, maintaining them more and repairing them once the product is broken or damaged.
The measure also aims to encourage manufacturers to incorporate sustainability criteria at the design stage and produce more environmentally friendly products.
3. China: Management of Compulsory Product Certification, Electronic Certificates, Labels and Marks, Announcement No. 12, 2023
On 10 August 2023, the Chinese Certification and Accreditation Administration published an announcement on the management of compulsory product certification certificates and marks.
The announcement implements Announcement No. 3, 2022 on expanding the application of electronic certificates and the views of the national interoperability and mutual recognition.
The announcement prescribes the following changes to the compulsory product certification (CCC certification):
- The CCC certification would be completely implemented in electronic certificates. The certification agencies will issue paper certificates if requested by applicants.
- The existing paper certificates remain valid and will naturally transition to electronic certificates through modifications, renewals and so on. Both paper and electronic certificates hold the same legal validity.
- The production and use of CCC certificates and marks must comply with the requirements specified in the annexes.
Annex 1 to the Announcement stipulates the management requirements for CCC certificates. Annex 2 describes the standard requirement that the CCC mark is molded or affixed on the packaging or outer surface of the commodity in a conspicuous manner. In addition to the physical label, the CCC marks can be labeled electronically only for commodities with integrated screens and electronic nameplates. The annex also specifies that the standard CCC marks should be applied to the minimum sales packaging of such commodities.
The announcement enters into force on 1 January 2024, when it will repeal the Requirements for Compulsory Product Certificate Labeling in Announcement No. 10 of 2018.
4. Saudi Arabia: Technical Requirements for Communication and Information Technology Equipment, Draft Regulation, August 2023
On 17 August 2023, the Saudi Arabian Standards, Metrology and Quality Organization (SASO) proposed a Draft Technical Regulation for Communication and Information Technology Equipment. The proposed regulation comprises technical requirements for communications and information technology equipment and requirements for product labeling and consumer information.
The requirements include, inter alia:
- Conducting the conformity assessment as described in this regulation (Annex 4), including the necessary tests,
- Adhering to the technical standards and addition requirements listed in Annex 1,
- Obtaining device licenses where necessary,
- Providing necessary information on potential risks,
- Complying with the requirements for standardized chargers (USB Type-C) for smart phones and other devices as set out in Annex 2,
- Indicating whether or not the smartphone or tablet is sold including a charger,
- Manufacturing equipment in a way that makes efficient use of the frequency spectrum and avoids interferences,
- Complying with safety requirements for exposure to radiation, light and electromagnetic compatibility,
- Complying with relevant packaging standards,
- Safe transport and storage of the equipment.
Devices must furthermore have the following quality features:
- Compatibility with other devices across network,
- Fraud protection,
- Features ensuring access to emergency services,
- Features enabling use by users with special needs,
- Features ensuring data and privacy protection.
If the device entails accessories other than a charger, the specifications for the accessories must be met as well. The draft Regulation also lists the information that shall be included in the label on the product packaging, including the contact details of the supplier and necessary warnings. Products must be accompanied by relevant safety information in an easily understandable language.
If enacted, the Regulation will enter into force 180 days after its publication.
5. Illinois (USA): Packaging and Paper Products Stewardship, Senate Bill 1555 Enacted, 2023
This Bill was enacted on 28 July 2023 and entered into force on the same date, becoming Public Act 103-0383 – the Packaging and Paper Products Stewardship Act. It provides for the establishment of producer responsibility organizations to carry out the requirements of the Act.
The Act requires, inter alia, that the producers, in consultation with the Packaging and Paper Product Producer Responsibility Advisory Council, adopt and publish a list of minimum types of readily recyclable materials based on the available collection and processing infrastructure and recycling markets for covered materials.
No later than 1 January 2026, producers must submit for the Environmental Protection Agency’s approval a producer responsibility program plan. They shall also submit annual reports to the Agency.
Producers are also required to establish waste prevention and reuse programs as well as composting infrastructure and education programs.
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