EU adds Requirements for Lead in PVC under REACH Regulation

Vol. 1351 | 12 May 2023

On May 8, 2023, the European Commission approved and published Commission Regulation (EU) 2023/923 to amend Annex XVII to REACH Regulation (EC) No 1907/2006. The following paragraphs on the requirements for lead and its compounds in PVC materials and articles have been added to Entry 63.

The amendment will enter into force on May 28, 2023. The new requirements will apply to all PVC materials and articles from November 29, 2024, unless exempted.

The main points are as follows:

• Materials 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.
• This requirement applies from November 29, 2024, except for PVC articles containing recovered flexible PVC, which are exempt until May 28, 2025.
• The requirements shall also not apply to certain PVC articles containing recovered rigid PVC for applications in buildings and civil engineering works until May 28, 2033, provided that the concentration of lead is lower than 1.5 % by weight of the recovered rigid PVC, and are subject to labelling and certification requirements.
• Furthermore, the requirements will not apply to:
  1. PVC-silica separators in lead acid batteries, until May 28, 2033;
  2. articles covered by paragraph 1, in accordance with paragraphs 2 to 5, and by paragraph 7 in accordance with paragraphs 8 and 10;
  3. articles within the scope of:
     1. Food Contact Material (FCM) Regulation (EC) No 1935/2004;
     2. RoHS Directive 2011/65/EU;
     3. Packaging Directive 94/62/EC;
     4. Toy Safety Directive 2009/48/EC.

For further information, please contact Joyce Chen at joyce.chen@intertek.com.