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ABA And B&C Announce Release Of “Chemical Product Law and Supply Chain Stewardship” Book: The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®) are pleased to announce the release by American Bar Association (ABA) Publishing of Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA, edited by Acta President Lynn L. Bergeson and authored by Ms. Bergeson and members of Acta and B&C’s highly experienced Toxic Substances Control Act (TSCA) practice...

Bergeson & Campbell, P.C. (B&C®), its global consulting affiliate The Acta Group (Acta®), and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to share with you our 2025 Forecast. For all the reasons you might imagine, our seasoned team was especially challenged this year in speculating on what to expect in 2025 regarding global industrial, agricultural, and biocidal chemical regulatory and policy initiatives. Given the European Parliamentary...

The May 2, 2024, ECHA Weekly includes an item on the June 3-6, 2024, meeting of the European Chemicals Agency’s (ECHA) Committee for Risk Assessment (RAC) and June 4-7, 2024, meeting of ECHA’s Committee for Socio-Economic Analysis (SEAC). ECHA states that the plenary meetings will address the following topics concerning the universal per- and polyfluoroalkyl substances  (PFAS) restriction proposal: ECHA notes that additionally, RAC and SEAC will discuss pending issues from the previous...

On April 22, 2024, the European Commission (EC) announced that it adopted a “Communication from the Commission: Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals.” The press release states that “[t]he overall aim of this concept is to achieve higher regulatory efficiency and predictability for authorities, investors and industry for a faster phase-out of the most harmful substances in non-essential uses, while allowing more time for the...

The European Chemicals Agency (ECHA) announced on February 27, 2024, that between 2009 and 2023, it performed compliance checks of approximately 15,000 Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) registrations, representing 21 percent of full registrations. ECHA states that it met its legal target for dossier evaluation, which increased from five percent to 20 percent in 2019. ECHA notes that for substances registered at quantities of 100 metric tons or more per...

The European Chemicals Agency (ECHA) announced on February 7, 2024, that it is considering recommending the following substances for the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Authorization List: ECHA states that it is looking for further information on the uses of these substances in scope of authorization, their possible exemptions from the authorization requirement, and on the structure and complexity of the supply chains. ECHA encourages REACH...

The European Chemicals Agency (ECHA) has released a draft Community Rolling Action Plan (CoRAP) update for 2024-2026. The draft CoRAP contains 28 substances, including 11 new substances compared to the current CoRAP for 2023-2025; ten substances are planned for evaluation in 2024, including evaluation of four substances as a group, and 18 are divided for evaluation in 2025 and 2026. The draft update states that from the 24 substances included in the CoRAP update published...

The European Chemicals Agency (ECHA) announced on September 13, 2023, that to improve transparency of the legislative process, its Enforcement Forum has decided to make its advice on the enforceability of Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation restriction proposals public. According to ECHA, Forum advice will from now on be available on ECHA’s website. The first published advice is on the proposal to restrict creosote and related substances in...

The European Chemicals Agency (ECHA) has begun a public consultation on six proposals to identify new substances of very high concern (SVHC). The substances, including examples of their uses, are: Comments are due October 16, 2023. If a substance is identified as an SVHC, it will be added to the Candidate List for eventual inclusion in Annex XIV of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation (the authorization list)....

The European Chemicals Agency (ECHA) announced in the August 16, 2023, issue of ECHA Weekly that to support substitution toward safer chemicals, it has published information on the main alternatives to substances requiring authorization under Annex XIV of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. ECHA notes that companies applying for an authorization under REACH must provide information on potential alternatives to the Annex XIV...

WEBINAR — Product Stewardship Practices For Effective Supply Chain Interaction, August 1, 2023, 11:00 a.m. – 12:00 p.m. (EDT), Via Webinar: International compliance in today’s evolving regulatory arena presents challenges to organizations. This webinar, presented by Catherine M. Croke, DBA, Director of Product Stewardship and Regulatory Affairs, The Acta Group (Acta®); Lee A. Bowers, Vice President, Environmental Health & Safety, RPM International Inc. (RPM);...

10:00 a.m. – 11:00 a.m. (EDT)4:00 p.m. – 5:00 p.m. (CEST) REGISTER NOW Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of these global legal developments and take steps now to minimize legal, regulatory, and commercial risk. In the United States and globally, the number...

The European Chemicals Agency (ECHA) announced on June 14, 2023, that it has added two new chemicals to the Candidate List of substances of very high concern (SVHC). One is toxic for reproduction, and the other has very persistent and very bioaccumulative (vPvB) hazardous properties. According to ECHA, their uses include in inks and toners and in the production of plastic products. ECHA provides the following information regarding the chemicals: Substance Name Reason for Inclusion...

The European Chemicals Agency (ECHA) has published its annual report on helpdesk activities. According to the annual report, in 2022, the national helpdesks (NHD) replied to almost 43,000 enquiries, and the ECHA Helpdesk to almost 9,500 questions. The annual report states that responses provided through the survey reflect the activities of the Biocidal Products Regulation (BPR), Classification, Labeling, and Packaging (CLP), and Registration, Evaluation, Authorisation and Chemicals (REACH)...

The European Chemicals Agency (ECHA) has begun a call for evidence on analytical methods to measure carcinogenic, mutagenic, or reprotoxic substances (CMR) in childcare articles. ECHA states that the European Commission (EC) has requested that ECHA prepare a report on CMRs in childcare articles. According to ECHA, this work will support the EC in the preparation of a restriction proposal for CMR 1A or 1B substances in childcare articles on the basis of Article 68(2)...

The European Chemicals Agency (ECHA) published on May 3, 2023, the Question and Answer (Q&A) document following the April 5, 2023, online information session on the proposal to restrict more than 10,000 per- and polyfluoroalkyl substances (PFAS) under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. As reported in our April 7, 2023, memorandum, national authorities of Denmark, Germany, the Netherlands, Norway, and Sweden submitted the proposal...

The European Chemicals Agency (ECHA) announced on April 12, 2023, that it has recommended that the EC add the following substances to the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Authorisation List: ECHA states that it prioritized these substances from the Candidate List of Substances of Very High Concern (SVHC) for this recommendation “as they are of the highest priority, following the agreed approach of 2014.” The European Commission (EC) will determine...

The European Chemicals Agency (ECHA) announced on March 22, 2023, the beginning of a six-month consultation on the proposal to restrict more than 10,000 per- and polyfluoroalkyl substances (PFAS) under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. As reported in our February 13, 2023, memorandum, the national authorities of Denmark, Germany, the Netherlands, Norway, and Sweden submitted the proposal after finding risks in the manufacture, placement...

By Lynn L. Bergeson and Carla N. Hutton The European Chemicals Agency (ECHA) announced on March 15, 2023, that it released its Regulatory Strategy for Flame Retardants, identifying aromatic brominated flame retardants as candidates for a European Union (EU)-wide restriction. ECHA states that aromatic brominated flame retardants, such as polybrominated diphenyl ethers, are generally persistent in the environment, and that many, like decabromodiphenylether, are also known or suspected of being...

The European Chemicals Agency (ECHA) announced on March 8, 2023, the results of the Enforcement Forum’s European Union (EU)-wide project on inspections of Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) authorization duties. During the project, the enforcement authorities of 28 countries carried out 690 inspections at 516 companies. According to ECHA, the most commonly controlled substances of very high concern (SVHC) were chromium trioxide and strontium chromate....