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EU: REACH Annex XVII restriction on Formaldehyde emission was published

JULY 2023 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 17 July 2023, the European Union’s Official Journal (OJEU) published Regulation (EU) 2023/14641, which added a new restriction on formaldehyde released from articles under Annex XVII to REACH regulation as entry 77.

The new restriction concerns consumer exposure to formaldehyde in indoor environments. Formaldehyde is mainly used as a chemical intermediate in the production of formaldehyde-based resins and other chemicals. Formaldehyde-based resins are used in the production of a wide variety of articles which may release formaldehyde. Such formaldehyde-based resins are also used in the production of other wood-based products like furniture and flooring, wallpapers, foams, parts for road vehicles and aircraft, textile and leather products. Taking into account the Annex XV dossier as well as the opinions from Committee for Risk Assessment (RAC) and the Committee for Socio-economic Analysis (SEAC), the European Commission (EC) considers that there is an unacceptable risk to human health arising from formaldehyde released from articles, and a REACH Annex XVII restriction establishing an emission limit for articles emitting formaldehyde is required to address the risk.

The new restriction sets a general 36-month transition period, and will apply after 6 August 2026.

Restriction on formaldehyde released from articles

Target substance Formaldehyde and formaldehyde-releasing substances
Scope of restriction
 Articles
Limit

a) ≤ 0.062 mg/m3 for wood-based articles and furniture, the interior of road vehicles;
b) ≤ 0.08 mg/m3 for articles other than wood-based articles and furniture.

Note: the test methods are specified in Appendix 14
Exemption
  • Articles in which formaldehyde or formaldehyde-releasing substances are exclusively naturally present in the materials from which the articles are produced;
  • Articles only for outdoor use under reasonably foreseeable conditions;
  •  Articles in constructions that are exclusively used outside the building shell and vapour barrier and that do not emit formaldehyde into indoor air;
  • Articles exclusively for industrial and professional use if formaldehyde from them does not generate exposure to consumers under foreseeable conditions of use;
  • Articles within the scope of entry 72, i.e. clothing, textile accessories and footwear;
  • The use of formaldehyde and formaldehyde releasers as biocide subject to Regulation (EU) 528/2012;
  • Medical devices subject to Regulation (EU) 2017/745;
  • Personal protective equipment (PPE) subject to Regulation (EU) 2016/425;
  • Articles intended to come into contact directly or indirectly with food within the scope of Regulation (EC) No 1935/2004;
  • Second-hand articles;
  • Road vehicles exclusively for industrial or professional use unless the concentration of formaldehyde in the interior of those vehicles leads to exposure of the general public under foreseeable conditions of use.
Date of application
 After 6 August 2026 (for the road vehicles, the application date is after 6 August 2027)

 

[1] Regulation (EU) 2023/1464

 

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