EU Regulates Formaldehyde in Articles under REACH

The EU has issued legislation to regulate formaldehyde and formaldehyde-releasing substances in articles. The new law will be implemented in phases, starting August 6, 2026.

On July 17, 2023, the European Union (EU) issued Regulation (EU) 2023/1464 (the Regulation) to regulate formaldehyde and formaldehyde-releasing substances in articles.

The Regulation contains, inter alia, several important points and provisions. It:

• Creates new entry 77 to Annex XVII of Regulation (EC) 1907/2006 (Registration, Evaluation, Authorization and Restriction of Chemicals, Annex XVII of REACH, consolidated version to June 2023)
• Details the test methods for formaldehyde emissions from articles and the interior of vehicles
• Exempts certain products (see Table 1)
• Emphasizes that toys for children of all ages are within the scope of restrictions (preamble, point 36)

Highlights of the Regulation are summarized in Table 1.

Regulation (EU) 2023/1464 of July 14, 2023, amending Annex XVII of REACH as regards formaldehyde and formaldehyde releasers, Official Journal of the EU, July 17, 2023

Exemption:

*
1. Articles in which formaldehyde or formaldehyde releasing substances are exclusively naturally present in the materials from which the articles are manufactured
2. Articles exclusively for outdoor use under foreseeable conditions
3. Articles in constructions, that are exclusively used outside the building shell and vapor barrier and that do not emit formaldehyde into indoor air
4. Articles exclusively for industrial or professional use unless formaldehyde released from these leads to exposure of the general public under foreseeable conditions of use
5. Articles falling under the scope of entry 72 to Annex XVII of REACH
6. Biocidal products (Regulation (EU) 528/2012)
7. Medical devices (Regulation (EU) 2017/745)
8. Personal protective equipment (Regulation (EU) 2016/425)
9. Food contact materials and articles (Regulation (EU) 1935/2004)
10. Second-hand articles

**
1. Road vehicles exclusively for industrial and 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
2. Second-hand vehicles

Table 1

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