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EU Proposed Commission Regulation to Amend Annex XVII to REACH Regulation by Adding Formaldehyde Release Requirement on Articles, Furniture and Interior of Road Vehicles

In May 2022, the European Commission has proposed a Commission Regulation to amend Annex XVII to REACH Regulation (EC) No 1907/2006. The entry of formaldehyde and formaldehyde releasing substances shall be newly added in Annex XVII, with the following restrictions:

1. After 36 months of the date of entry into force of the amending Regulation, where formaldehyde or formaldehyde releasing substances have been intentionally added during the production of articles, if, under the test conditions specified in Appendix, the concentration of formaldehyde released from those articles exceeds following limits, shall not be placed on the market in articles:
(a) 0.062 mg/m3 for wood-based articles and furniture;
(b) 0.08 mg/m3 for articles other than wood-based articles and furniture.

The above restrictions shall not apply to:
(a) articles that are only for outdoor use under reasonably foreseeable conditions;
(b) articles exclusively for industrial or professional use unless formaldehyde released from them leads to exposure of the general public under foreseeable conditions of use;
(c) articles within the scope of Entry 72 of Annex XVII to REACH Regulation (EC) No 1907/2006;
(d) articles that are biocidal products within the scope of Regulation (EU) 528/2012;
(e) devices within the scope of Regulation (EU) 2017/745;
(f) personal protective equipment within the scope of Regulation (EU) 2016/425;
(g) articles intended to come into contact directly or indirectly with food within the scope of Regulation (EC) No 1935/2004;
(h) second-hand articles.

2. After 48 months of the date of entry into force of the amending Regulation, where formaldehyde or formaldehyde releasing substances have been intentionally added during the production of interior of road vehicles, if, under the test conditions specified in Appendix, the concentration of formaldehyde in the interior of those vehicles exceeds 0.062 mg/m3, shall not be placed on the market in road vehicles.

The above restriction shall not apply to:
(a) 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;
(b) second-hand vehicles.

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