EU Expands Lead Restriction Under REACH

April 28, 2015

SAFEGUARDS | Consumer Products NO. 069/15

The European Union (EU) has expanded the scope of restriction of lead to articles or accessible parts of articles for the general public if such articles or components may be placed in the mouth by children. The enforcement date will be 1 June 2016.

In October 2014, we informed you that the European Commission (EC) notified the World Trade Organisation (WTO) of a proposal[1] to amend the restriction of lead under ANNEX XVII of REACH.

On 23 April 2015, Regulation (EU) 2015/628[2] was published in the Official Journal of the European Union (OJEU) to expand the scope of lead restriction from jewellery articles to articles or accessible parts of articles for the general public if such products or components may be placed in the mouth by children during normal or reasonably foreseeable use. An article or an accessible part of article may be placed in the mouth by children if it is less than 5 cm (< 5 cm) in one dimension or has a detachable or protruding part of that size.

The new law places a restriction of no more than 0.05% lead content in the new scope of products or components. It also provides a number of exemptions, including a migration limit of 0.05 µg/cm² per hour (equivalent to 0.05 µg/g/h) as an alternative to the lead content limit.

According to the new legislation, guidelines identifying products that are inside and outside the scope of the Regulation should be developed to assist economic operators and enforcement authorities.

Highlights of the existing Regulation (EU) 836/2012[3] and the new Regulation are summarised in Table 1.

Table 1

Lead under Entry 63 in ANNEX XVII of REACH
Citation	Scope	Exemption	Requirement	Enforcement Date
Regulation (EU) 836/2012	Jewellery Components to manufacture jewellery	Crystal glass under Annex I (categories 1-4) of Directive 69/493/EEC Precious and semi-precious stones (CN Code 7103) under Regulation 2658/87 unless treated with lead Enamels	≤ 0.05%	9 October 2013
Regulation (EU) 2015/628	Articles for the general public or accessible parts thereof which may be placed in the mouth by children during normal or reasonably foreseeable conditions of use		≤ 0.05% or ≤ 0.05 µg/cm² per hour (equivalent to 0.05 µg/g/h)	1 June 2016
NB Regulation (EU) 2015/628 also exempts the following: Articles placed on the market for the first time before 1 June 2016 Articles or parts of articles comprising alloys provided the brass alloy is no more than 0.5% lead Jewellery under Regulation (EU) 836/2012 Keys and locks, including padlocks Musical instruments Portable zinc-carbon batteries and button cells Religious articles Tips of writing instruments Articles within the scope of: Packaging Directive 94/62/EC Food Contact Regulation (EC) 1935/2004 Toy Safety Directive 2009/48/EC RoHs Recast Directive 2011/65/EU

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy, for lead and restricted substances in consumer products for the EU and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hing Wo Tsang
Global Toys and Juvenile Products
t: +852 2774 7420

^{© SGS Group Management SA – 2015– All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.}