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SAFEGUARDS | HardlinesNO. 043/16

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The European Union (EU) has recently set a restriction limit for cadmium in paints with certain HS codes.  This new law will be effective starting 7 March, 2016.

In July 2015, we informed you [1] that the World Trade Organization (WTO) circulated a notification from the EU to announce a proposed amendment to the scope of cadmium under ANNEX XVII of REACH.

On 17 February, 2016, Commission Regulation (EU) 2016/217 [2] was published in the Official Journal of the EU (OJEU) amending the use of cadmium in paints with HS codes [3208] and [3209]. The new law amends paragraph 2 of entry 23 under ANNEX XVII of REACH by restricting cadmium to a concentration of less than 0.01% in these paints. The restriction of cadmium in paints on painted articles and in paints with HS codes [3208] and [3209] containing more than 10% zinc remains unchanged.

According to the Harmonized Commodity Description and Coding System, 

  • ŸHS code [3208] is paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium

     

  • ŸHS code [3209] is paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium

The new law will take effect starting 7 March, 2016.

Highlights of the new law and a comparison with existing Regulation (EU) 494/2011 on the aforementioned scope of restriction of cadmium are summarised in Table 1.

Table 1: Commission Regulation (EU) 2016/217, Paragraph 2 of Entry 23 under ANNEX XVII of REACH, Cadmium and its compounds

Scope Regulation (EU) 2016/217 Regulation (EU) 494/2011
Requirement (expressed as cadmium)
Paints with HS codes [3208] and [3209] < 0.01% Prohibited
Paints with HS codes [3208] and [3209] containing more than 10% zinc < 0.1% < 0.1%
Paint on painted article < 0.1% < 0.1%
Effective date 7 March, 2016 In force

SGS will follow up and inform interested parties as developments on REACH regulation occur. Our expertise combined with consultancy services and experience in consumer product supply chains provides a central point of contact for global solutions. If you would like to learn more about how SGS can support your REACH compliance activities please visit www.sgs.com/reach.

For enquiries, please contact:

Hing Wo Tsang
Global Hardlines
t: +852 2774 7420

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