SG 142/23
France has issued an initial list of two substances giving rise to an equivalent level of concern as SVHC for reporting. The provisions in the new law became effective in September 2023.
In 2020, France issued Decree No. 2020-105 on the ‘Fight Against Waste and the Circular Economy’. This law established Article L541-9-1, where producers and importers are obliged to provide consumers with, among other things, information about the presence of hazardous substances in waste-generating products (substances, mixtures or articles) in an electronic format.
According to Decree No. 2021-1285 of October 2021, there are two lists of hazardous substances for waste-generating products:
- Substances of very high concern on the Candidate List under Regulation (EC) No. 1907/2006 (REACH)
- Substances giving rise to an equivalent level of concern as the Candidate List above that are established by (national) legislation after consultation by the National Agency for Food, Environment and Occupational Health Safety (l'Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail, ANSES)
In September 2023, France issued two interconnected pieces of legislation for the reporting of hazardous substances in waste-generating products:
- Order of August 30, 2023, relating to the identification of hazardous substances in products generating waste (Decree 1)
- Order of August 30, 2023, relating to the provision of information on the presence of hazardous substances in products generating waste by means of an application (Scan4Chem, Decree 2)
Decree 1 establishes (the first) two substances on the list of substances giving rise to an equivalent level of concern as SVHC on the Candidate List:
- Diisooctyl phthalate (DIOP, CAS 27554-26-3)
- 1,3-benzenediol (resorcinol, CAS 108-46-3)
Decrees 1 and 2 became effective on September 15, 2023 – the day after their publication in the nation’s official journal.
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