Key Regulatory Updates in 2022

European Union (EU) 

A new Chemicals Strategy for Sustainability was presented by the EU in 2020 as part of the EU Green Deal. This year, there are major implementations that will be made to achieve this strategy as Europe transitions to a toxic-free environment. Below is a summary of the key updates to expect this year: 

Revision of the REACH regulation 

The EU plans to revise the REACH regulation this year and this will bring significant changes. A workshop held by the Commission in November 2022 deliberated on this topic and two more workshops will be held in March and June this year.  

New hazard classes and criteria for CLP Regulation 

Like the REACH regulation, the commission also plans to present new hazard classes and criteria for CLP Regulation. In October 2021, the commission specifically said it will revise Regulation (EC) No 127/2008 on hazard classification, labelling and packaging of chemical substances and mixtures (CLP regulation).  

New Proposal 

European Commission proposes to strengthen environment protection through criminal laws. In December 2021, the European Commission adopted the proposal of a new EU Directive aimed at reducing environmental crime. This proposal defines new environmental crimes, obliges Member States to take criminal law measures and sets the minimum level for punishment. 

PFAs restriction proposals

The other regulatory updates include new criteria set up for the concept of essential use and the submission of comprehensive PFAs restriction proposal by Denmark, Germany, the Netherlands, Norway, and Sweden. The regulation regarding the concept of essential use will ensure that the most toxic chemicals are only used if they are essential to health and the society. These are the updates you should look forward to in 2022 considering these changes will affect all chemical companies in the supply network from the manufacturers down to the downstream users. 

China

• China’s NMPA announced children cosmetic working plan to come into force January 1, 2022. On the 1st of December 2021, China’s National Medical Products Administration (NMPA) published a special label for cosmetics that are intended for use by children under 12 years old. From 1 May 2022, newly registered children’s cosmetics must attach the logo. If the cosmetic is already registered or filed when the notification is published, companies must update their labels before 1 May 2023.   

• The draft action plan for managing new pollutants might be finalised in 2022. In October 2021, the Ministry of Ecology and Environment (MEE) presented its draft action plan to manage new pollutants. The plan is expected to include priority chemicals’ new regulations, restrictions, and bans.  

• The additional requirements added to the new cosmetics law in 2021 will take effect in 2022. Measures for the Supervision and Administration of Cosmetics production and administrative measures for registering and filing cosmetics took effect from January 1, 2022. Then, the administrative measures on cosmetics labelling will take effect from May 1, 2022.  

Japan 

• Between now and May 24, companies in Japan have to comply with chemical classification, labelling and SDSs standards accordingly with the GHS sixth revised edition.  

Taiwan 

• EPA extends the deadline of the first batch of PECs (106) to 2024 irrespective of their volume  

• Companies are required to submit data for nine items to the authorities, with items eight and nine – hazard and exposure assessments – can be submitted later  

• Annual Reporting requirement for Phase One Registration between April 1 to September 30   

Australia

In Australia, as a manufacturer/importer of chemicals, you are expected to make an annual declaration of the chemicals you manufactured or imported the previous registration year. For this year, the deadline remains 30th November 2022. Also, the deadline for renewal of registration is 31st August 2022. The renewal of registration applies if you as a manufacturer/importer continues to manufacture/import chemicals. 

For annual declaration, the information you need to submit include: 

• the introduction categories for the chemicals you imported/manufactured during the registration year 

• a declaration that all your introductions were authorised under sections 25 to 30 of the Commonwealth's Industrial Chemicals Act 2019. 

And for the renewal of registration, you need to submit: 

• the value of the chemicals you imported/manufactured during the previous financial year 

• if you are a foreign (non-Australian) business, you will need an Australian Registered Body Number (ARBN) 

India

• Chemicals list under mandatory BIS certification has been updated to 52.  

• An update on ICMSR is expected before June 2022 

South Korea 

• The draft grace period issued for existing biocidal substances will end on 31st December 2022.  

• The use of disposable plastic cups in cafes will be banned from April 2022. 

UK REACH 

For 2 years transition period, the deadline for registering substances (listed below) is on 27th of October 2023. Companies are expected to start their dossier preparation now.  

1. >1000 t/a substances 

2. ≥ 1 t/a CMR substances  

3. ≥100 t/a very toxic to aquatic organisms 

4. ≥ 1 t/a active Candidate list subs. as on 31 Dec 2020 

For 4- and 6-years transition period, the registration deadlines are 27th of October 2025 and 2027 respectively.  

Latin America  

Latin America has recently experienced intense developments in the chemical regulatory sector. Below is a short summary of these developments:  

• Chile: GHS classification will be implemented in phases. Implementation of substances for industrial use is on February 9, 2022, and for non-industrial use, implementation is February 9, 2023. Also, for mixtures, implementation is on February 9, 2025, and February 9, 2027, for industrial and non-industrial uses respectively. 

• Argentina: the new draft will be presented to Congress only after the elections (October-November 2021). 

• Brazil: The Law Bill was presented in the Deputies Chamber in December 2019 and was approved by the Environmental Commission in December 2021. It still has to be approved by the other three Commissions. 

• Chile – Implemented: Enacted in February 2021 by Decree 57. It is a mutual implementation of new GHS standards and chemical control policy. 1st notification deadline August 2024. Notification is mandatory every 2 years since then for ≥1 ton/ year. 

• Colombia: Enacted in November 2021 by Decree 1630, it creates the National Chemical Inventory and enforces new chemical control measures for ≥100 kg per year. We are waiting for publication to know the correct deadline. 

• Costa Rica recently joined OECD and as a requirement is starting to enhance the national chemical agenda. 

• Mexico: The first version was published in 2019 and was expected to enter into force in 2021. However, the National Association of the Chemical Industry proposed changes in December 2020. 

• Peru: Public consultation ended in September 2020. No information has been disclosed since then. The draft intends to implement the GHS and a national chemical regulation concomitantly.   

• Uruguay adhered to the GHS standard; however, it did not announce or start drafting its chemical framework.