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,
- HS 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
- HS 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.
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Hing Wo Tsang
Global Hardlines
t: +852 2774 7420
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