What’s Trending In Compliance In November 2023

This blog was originally posted on 27th November, 2023. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

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These are some of the top trending compliance topics that generated the most interest globally for November 2023.

1. EU: Packaging and Packaging Waste, Draft Regulation, November 2022

In November 2023, the EU Parliament adopted its position on the draft Packaging and Packaging Waste Regulation (initially proposed in November 2022), aiming to introduce new rules for the reduction, reuse and recycling of packaging. 

As mentioned in a press release of 22 November 2023, in addition to the overall packaging reduction targets set out in the proposal (5% by 2030, 10% by 2035 and 15% by 2040), the Parliament wants to set specific targets to reduce plastic packaging, namely, 10% by 2030, 15% by 2035 and 20% by 2040.

The members of the Parliament (MEPs) are requesting a ban on the use of per- and polyfluorinated alkyl substances (PFAS) and Bisphenol A in food contact packaging. MEPs’ aim is also to clarify the requirements for the reuse and refill of packaging, for example in the food service sector, which should give consumers the option of bringing their own containers. 

Furthermore, the MEPs want the EU Member States to ensure separate collection of 90% of the materials contained in packaging by 2029.

Once the EU Council adopts its position, the talks with the EU Member States’ governments will commence on the final form of the legislation.

2. EU: Cybersecurity for Internet-Connected Radio Equipment and Wearable Radio Equipment under Radio Equipment Directive (RED), Regulation (EU) 2022/30 – Amendment – (on date of application) Regulation (EU) 2023/2444

Adopted on 20 July 2023 and published on 27 October 2023, this Regulation amends Commission Delegated Regulation (EU) 2022/30 on the cybersecurity for internet-connected radio equipment and wearable radio equipment under the Radio Equipment Directive (RED, 2014/53/EU). 

Requirements of Regulation 2022/30 apply to radio equipment that can communicate itself over the internet, whether directly or via any other equipment. Wearables, toys and childcare articles that are not internet-connected, but emit or receive radio waves are also included in the scope of certain requirements. The Regulation prescribes new cybersecurity essential requirements in relation to the avoidance of network harm, ensuring privacy of personal data, and fraud protections. 

The recent Amendment extends the date of application of Regulation 2022/30 by one year – instead of the previously stated 1 August 2024, the Regulation will become applicable on 1 August 2025.

3. India: Plastic Waste Management, Rules, March 2016 – Amendment – (on providing plastic packaging information, one-time registration, etc) Rules, No. G.S.R. 807(E), 2023

On 30 October 2023, the Indian Ministry of Environment, Forest and Climate Change issued Rules No. G.S.R. 807(E), which amends the 2016 Plastic Waste Management Rules. The amendments aim to strengthen the implementation of the 2016 rules and improve environmental practices in plastic waste management. 

While the Rules entered into force upon publication, on 30 October 2023, some important compliance deadlines are set out below:

• From 1 July 2024, each rigid plastic packaging shall contain the name and registration certificate number for the producer or importer or brand owner generated through centralized online portal specified in Schedule II for plastic packaging printed in English;
• From 1 January 2025, each plastic packaging shall contain the name and registration certificate number for the producer or importer or brand owner generated through a centralized online portal specified in Schedule II for plastic packaging and the number of certificate issued under clause (h) of sub-rule (4) in case of plastic sheet or like used for packaging and plastic packaging as well as carry bags commodities made of compostable plastic, as applicable.

4. China: Catalogue of Strictly Restricted Hazardous Chemical Substances (2023 Edition), Announcement No. 32, 2023

On 18 August 2023, the Chinese Ministry of Ecology and Environment published an announcement on the catalogue of strictly restricted hazardous chemical substances (2023 edition). The Announcement aims to revise the 2020 edition of the catalogue. 

The Announcement includes Annex 1 which lists the strictly restricted chemical substances with their names, CAS numbers, custom numbers, control categories and permitted usage.

Importers and exporters are required to obtain a clearance notification for environmental management on the import and export of toxic chemicals before importing or exporting the listed chemical substances. The procedures and requirements for application for import and export are provided in Annexes 2 and 3. 

Annex 1 inserts the list of 9 categories of substances: 

1. Perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride (PFOS category);
2. Mercury;
3. Tetramethyllead;
4. Tetraethyllead;
5. Polychlorinated terphenyls (PCT);
6. Tributyltin compounds;
7. Short-chain chlorinated paraffins (SCCPs);
8. Decabromodiphenyl ether; and
9. Perfluorooctanoic acid, its salts and related compounds (PFOA category). 

Annex 2 clarifies the instructions for processing the notification of environmental management clearance for the import of toxic chemicals. 

Annex 3 specifies the instructions for handling the notification of environmental management clearance for the export of toxic chemicals. 

The Announcement entered into force on 18 October 2023, repealing Announcement No. 60, 2019 on the same matter.

5. California (USA): Proposition 65 Implementing Regulations, 27 Cal.Code Regulations 25102 – 27000, Proposed Amendment – (on short-form warnings), Draft Regulation, October 2023

The proposal intends to make the Proposition 65 short-form warning more informative to consumers, clarify existing safe harbor warning requirements for products sold on the internet and in catalogs, add signal word options for food warnings, clarify that short-form warnings may be used to provide safe harbor warnings for food products, and provide new tailored safe harbor warnings for passenger or off-highway motor vehicle parts and recreational marine vessel parts.

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