‘China REACH’ Amendment Brings Surprises
BRUSSELS – Changes to China’s chemical regulations have been adopted for 2010, showing marked differences from the May 2009 release.
Among the changes to chemicals in products, the new regulation is applicable to products that release “new chemical substances in their normal use," a statement not mentioned in the 2009 proposal.
Furthermore, the 2010 amendment is one of the few Chinese regulations clearly referring to the GHS standards issued in Oct. 2006. This provides a clear link between law and standards, says Young and Global Partners, which has issued a report on the new regulations.
Third, the chemical classification envisaged in 2009 is gone. Three classifications exist under the 2010 amendment: general new chemicals, hazardous new chemicals, and priority hazardous chemicals.
Also, annual reporting may provide a framework to implement PRTR requirements in China long-term. Reporting requirements have been extended for producers or importers of hazardous new chemicals (including priority hazardous new chemicals).
Many promotional provisions for the development and use of environmentally friendly chemicals are in the update, Young and Global said. The Ministry of Environmental Protection may foresee natural phase-out of hazardous chemicals in China, as it imposes six-month earlier reporting requirements on producers or importers of hazardous new chemicals before it starts a periodic five-year review of chemicals to update the Chinese Inventory of Existing Chemicals.
The Ministry may expect hazardous chemicals to have been phased out in the market, making it needless to put them in the Chinese Inventory of Existing Chemicals.
The 2010 proposal has 25% more regulatory text than the 2009 version.
