Relevant for: Hardlines, Softlines, Children's products
The second consultation on the proposal to restrict lead and its compounds in consumer products under REACH Annex XVII restrictions has started on 17 December 2013 and will finish on 14 February 2014.
The consultation documents include a revised draft text for the restriction which is substantially different to the one we reported in May 2013 (Consumer Product E-ssentials Volume 71) for the first consultation.
The main differences include:
- A clarification on the scope, limiting the restriction to only those articles or accessible parts of articles with one dimension that is smaller than 5 cm or has detachable or protruding parts of that size;
- The determination of “accessible parts” of articles, which shall be based on the method described by the European Standard EN 71-1 for toys;
- An expanded list of exempted products which include the following additional items:
- crystal glass;
- non-synthetic or reconstructed precious and semi-precious stones;
- certain types of articles comprising brass alloys;
- the tip of writing instruments;
- articles covered by other EU legislation specifically regulating lead content or migration.
- A derogation on the placing on the market of used articles.
Table A below shows the details of the latest version of the proposed restriction, with the revised sections highlighted in bold.
Table A. The latest details of the proposed lead restriction in consumer products. The revised sections of the text are highlighted in bold.
Scope of the proposed restriction
Lead and Lead Compounds in articles or accessible parts of articles:
- supplied to the general public (i.e. consumers); and
- can be placed in the mouth by children.
An article is considered “can be placed in the mouth by children” if it is smaller than 5 cm in one dimension or has detachable or protruding parts of that size.
EN 71-1 shall be used to determine “accessible parts” of articles by children.
An article, or a part of an article, is outside the scope of this proposed restriction if it is not accessible by children during normal or reasonably foreseeable conditions of use.
< 0.05% by weight of lead (expressed as metal) in the article or individual parts of the article
The following articles are exempted:
i) crystal glass as defined in Annex I (categories 1, 2, 3, and 4) to Directive 69/493/EEC;
ii) non-synthetic or reconstructed precious and semi-precious stones;
iv) keys and locks, including padlocks, and musical instruments;
v) articles comprising brass alloys that do not contain more than 0.5% by weight of lead;
vi) the tip of writing instruments;
vii) articles covered by other EU legislation specifically regulating lead content or migration.
Examples of regulations for point vii) above include:
- Toy safety directive;
- RoHS directive;
- Packaging and packaging waste directive;
- REACH Annex XVII restriction of lead in jewellery.
Used articles that are placed on the market 12 months before the entry into force of the new restriction are exempted.
Date of application