The Weekly Pulse: 27th February – 3rd March
What’s HOT in our Regulatory World
What are our clients looking at?
This week’s trending sources in C2P
- South Korea: Environmental Technology and Environmental Industry Support, Act, No. 4830, 1994 – Proposed Amendment – (on the prohibition of abstract and comprehensive labeling/advertising concerning the environmental properties of products) Draft Law, February 2023
- California (USA): Intention to Require Notification of PFAS in Specified Products, Assembly Bill 1423, February 2023
- UK: Windsor Agreement Framework – A New Way Forward, Policy Paper, February 2023
What is our Content Team talking about?
CPSC approves publication of Request for Information (RFI) on Gas Stoves – Joyce Costello
On 1 March 2023, the US Consumer Product Safety Commission (CPSC) announced its approval of the Federal Register notice of the Request For Information (RFI) seeking public input on chronic hazards associated with gas stoves.
The Commission was careful to qualify the approval by saying that the draft notice does not initiate a rulemaking proceeding or set in motion any other regulatory action.
CPSC is rather, and not for the first time, considering the health effects of chronic exposure to emissions from home appliances, with Commissioner Trumka calling for research on the long-term effects of exposure to relatively low levels of carbon monoxide and, in particular, whether there are any emissions levels of these substances that are proven to be safe inside the home.
Whilst regulatory action is currently off the table, the CPSC is sending a strong signal that it expects companies to explain any failure by them to create new technological solutions or implement existing solutions that have the potential to reduce harmful emissions.
What are our Knowledge Partners talking about?
Approval Status of New Chemical Substances in China under MEE Order 12 – CIRS
The Measures on the Environmental Management Registration of New Chemical Substances (MEE Order 12) were implemented on January 1, 2021. MEE Order 12, sometimes also referred to as China REACH, is the main regulation governing the management of new chemicals in China.
It repealed and replaced MEP Order 7, optimising and adjusting the registration types and relevant data requirements to lessen the burden on enterprises.
The new registration types are as follows:
- Regular registration – substances to be manufactured or imported above ten tonnes per year;
- Simplified registration – substances to be manufactured or imported above one ton but no more than ten tonnes per year; and
- Record/filing – substances with an annual tonnage of no more than one tonne; monomers of new substances, polymers containing less than 2%w/w new substances; and polymers of low concern.
MEE Order 12 also takes a strong focus on environmental risk prevention and control of new chemical substances with high environmental risks.
The Approval Status of Regular Registrations
Up until December 12, 2022, the Ministry of Ecology and Environment (MEE) approved and published five batches of regular registration of new chemical substances under Order 12. That included a total of 16 applications, only one of which was approved in 2021.
Of these, three substances in the initial two batches were high-hazard chemicals – one in 2021 and two in 2022.
(For the full commentary, please refer to C2P)
What are our clients asking about?
“Does the Japanese Personal Data Protection Act comply with the obligations of business operators and the rights of persons corresponding to The OECD’s Eight Principles?”
Answer by Emilia Assenza
There is no specific reference to the OECD principles in the Japanese Personal Data Protection Act, so we can’t assume they are exactly reflected in the text of the Act.
Article 3 of the Act establishes the basic principles according to which “the proper handling of personal information must be pursued in view of the fact that it should be handled prudently in line with the philosophy of respecting the autonomy of the individual”.
More specifically, Section 2 of Chapter IV (Articles 17 et seq.) sets out the obligations of businesses handling personal information, which include rules for its fair processing such as purpose limitation (see Articles 17, 18, and 21), appropriate use and proper acquisition of personal information (Articles 19 and 20), the accuracy of data (Article 22), and security of data (Article 23).
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This information is based on the most viewed regulations on C2P this month.
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Edited by Louise Forrest
Louise Forrest, BCL LLM BL, Head Of Knowledge Partners, Compliance & Risks. Learn more aboutLouise
Louise heads up Compliance and Risks’ Knowledge Partner Network, a select network of world-class law firms, leading engineering & environmental consultancies, industry experts and supply chain specialists delivering expert insights on product compliance.
A qualified barrister, Louise has worked in the field of international product regulation for over 15 years and has in-depth knowledge of global environmental and product safety regulations. Louise helps clients ensure they are ahead of key product compliance issues affecting their industry.
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