Upcoming regulatory updates to EU regulations

Packaging – PPWR

The average EU resident produces 180 kilogrammes of packaging waste per year. Packaging makes up a large portion of the plastic we use. The EU wants to streamline the differences in packaging legislation between individual member states to a policy of “repair, reuse, reduce, and recycle”. This streamlining will take the form of the Packaging and Packaging Waste Regulation, which will include a waste tax based on sustainability, uniform labelling requirements, minimum PCR thresholds (30% in 2030) and recyclability demands. This regulation will not take effect immediately, as there are various objecting parties. Similarly, the participation of all countries is not a foregone conclusion. For much of our packaging, Havo has already made the switch to (partial) PCR packaging.

France – Italy – Spain – Green Dot

Requirements for France (Triman logo and sorting information) will remain in effect for the time being. Italian requirements (incl. the Möbius triangle) have been attenuated to a voluntary basis so long as the consumer is referred to a website containing sorting information (through a QR code). Spain and Cyprus have dropped the Green Dot as a requirement, which means that the use of this symbol has become a voluntary choice.

Waste tax in the Netherlands

From 1 January 2023, the responsibility for the reporting and payment of waste tax in the Netherlands has come to rest with the brand holder instead of the manufacturer. This means that private label clients must now do their own reporting and payment to the Nederlandse Afvalfonds (Netherlands Waste Foundation). Foreign clients must file their own reports with their respective national waste management institutions. If you market any of your products in the Netherlands, then amounts greater than 50,000 kilogrammes per years must be reported to the Nederlandse Afvalfonds as well. For more information, please see: Afvalfonds Verpakkingen NL.

Titanium dioxide (TiO2)

The colouring agent titanium dioxide, commonly used in paint, was classified a carcinogenic for particles smaller than 10 micrometres (aerodynamic diameter), effective 1 October 2021. Following complaints and a claim from the TiO2 producers, the European Court of Justice ruled that the classification was incorrect. France appealed this verdict, which means that the classification for powdered TiO2 (inhalation) will remain in effect for the time being, certainly until such time as the appeal has been reviewed. In addition, the European Food Safety Authority (EFSA) argued that TiO2 would also be harmful when ingested and E171 therefore needed to be prohibited. The American Food and Drug Administration argued that the research supporting the prohibition was flawed, and that TiO2 could remain permitted as a food additive in the US. Irrespective of these proceedings, Havo has switched to titanium dioxide-free finger paint and poster paint. The titanium dioxide we use does not meet the classification requirements (no particles smaller than 10 micrometres). This means that our products do no need to be labelled with a warning phrase, with the exception of certain colours of acrylic paint.

REACH – CLP – Green deal – Toxic free environment

As a result of, among other things, the Green Deal, there are various ongoing developments in REACH and CLP (additional prohibited chemical compounds, mandatory registration of polymers, a digital product passport, the digitisation of labels). For the time being, these developments will not have consequences for Havo.

Law enforcement Product Safety

With increasing frequency, products (including creative toys) are being removed from the market for being unsafe and/or not in compliance with relevant EU legislation. As inspections become more strict and more frequent, and as communications within the EU, the consequences of errors become increasingly severe. Inspection authorities are issuing warning for products acquired via dropshipping suppliers and webshops and for cheap, sometimes non-branded products without CE certification or Declaration of Conformity on the website.

UK - Brexit

For toys, the UK has introduced its own mark of conformity, the UKCA logo, which will replace the CE logo. The date from which this will be obligatory has been postponed to 31 December 2024.

Miscellaneous

• Recently, the French environmental act (AGEC) prohibited the use of mineral oil containing on packaging with MOSH – MOAH. Havo does not use ink derived from mineral oil.
• Towards the end of September of 2022, the EU accelerated the classification of chlorobenzenes as prohibited substances through the POP act (persistent organic pollutants). These chemical compounds were potentially in use in the commonly used Green 7 (CI 74260) pigment. This chemical compound is not found in pigments used by Havo.
• The EN 71-9 (organic chemical compounds) standard for toys has now been officially retracted by the CEN European Committee for Standardisation. This norm continued to be (undeservedly) applied by testing institutions and some retailers for compliance. It has now been officially invalidated. 
  
  

Havo praised by inspection authority

In November, the Nederlandse Voedsel- en Warenautoriteit (Netherlands Food and Consumer Product Safety Authority) classified Havo ‘a business requiring limited oversight’, indicating their confidence in our ability to comply with legal requirements, our excellent quality management system and business operations, our excellent complaint-handling, and our preparedness to deal with remedial measures. The NVWA identified no shortcomings during its inspection.

RA services

For questions or comments about these updates to regulations or another topic within the realm of legislation, please contact our regulatory affairs specialist, Paul Salverda.