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EU Revised REACH Annex 17- Article 63 Lead Restriction Clause

Time：

2023-05-09

EU Revised REACH Annex 17- Article 63 Lead Restriction Clause

On May 8, 2023, the European Union issued a new regulation (EU) 2023/923, amending REACH Annex 17- Article 63, which includes restrictions on the use of lead and its compounds in PVC products. The specific new clauses are as follows:

63. Lead
CAS number: 7439-92-1
EC Number: 231-100-4
And its compounds

15. If the lead concentration in vinyl chloride polymer or copolymer (PVC) is greater than or equal to 0.1% by weight, it shall not be put on the market or used in the market.
Paragraph 15 takes effect on November 29, 2024.

17. As an exemption, paragraph 15 does not apply to PVC items containing recycled soft PVC until May 28, 2025.

18. As an exemption, paragraph 15 does not apply to the following PVC items containing recycled hard PVC until May 28, 2033; Provided that the lead concentration in the regenerated hard PVC is less than 1.5% by weight:
(a) Shapes and plates for external applications in buildings and civil engineering, excluding decks and terraces;
(b) Deck and terrace profiles and plates, provided that recycled PVC is used for the intermediate layer and fully covered with a layer of PVC or other materials with a lead concentration of less than 0.1% by weight;
(c) Shapes and plates used for concealed spaces or voids in buildings and civil engineering (inaccessible during normal use, excluding maintenance, such as cable ducts);
(d) Sections and panels used for indoor building applications, provided that the entire surface of the sections or panels facing the occupied area of the building after installation is produced using PVC or other materials with a lead concentration of less than 0.1% (by weight);
(e) Multi layer pipelines (excluding drinking water pipelines), provided that the recycled PVC is used for the intermediate layer and completely covered with a layer of PVC or other materials with a lead concentration of less than 0.1% by weight;
(f) Accessories, excluding drinking water pipeline accessories.
Starting from May 28, 2026, hard PVC recovered from the categories of items mentioned in points (a) to (d) can only be used for the production of any new items in these categories.
Suppliers of PVC products containing recycled hard PVC with a lead concentration equal to or greater than 0.1% by weight of PVC material should ensure that these items are clearly, clearly, and indelibly marked with the following statement before placing them on the market: "Lead content ≥ 0.1%. If the nature of the item makes it impossible to provide markings on the item, it should be indicated on the packaging of the item.
Suppliers of PVC products containing recycled hard polyvinyl chloride should submit written evidence to national law enforcement agencies as required to confirm the claims regarding the source of recycled polyvinyl chloride in these items. A certificate issued by a program that provides traceability and evidence of recycled ingredients, such as a certificate developed according to EN 15343:2007 or equivalent recognized standards, can be used to confirm such claims for PVC products produced in the European Union. The declaration of the recycling source of PVC in imported goods should be accompanied by a certificate issued by an independent third party, which provides equivalent traceability and proof of recycled ingredients.
By May 28, 2028, the committee will review this paragraph based on new scientific information and make corresponding modifications as appropriate.

19. As an exemption, paragraph 15 does not apply to:
(a) The polyvinyl chloride silica separator in lead-acid batteries is exempted until May 28, 2033;
(b) The items covered by paragraph 1 and meeting the exemption conditions of paragraphs 2 to 5. And the items covered by paragraph 7, which meet the exemption conditions of paragraphs 8 and 10;
(c) Items within the scope of the following directives and regulations:
(i) Food Contact Materials (FCM) Regulation (EC) No 1935/2004;
(ii) RoHS Directive 2011/65/EU;
(iii) Packaging Directive 94/62/EC;
(iv) Toy Safety Directive 2009/48/EC.

As an exemption, paragraph 15 does not apply to PVC items placed on the market before November 28, 2024.