On November 8, 2023, Helsinki time, the European Chemicals Agency (ECHA) released an investigation report on the presence of carcinogenic, teratogenic, and mutagenic substances (CMR) in childcare products.
In this survey report, several key elements of potential restrictive proposals can be preliminarily identified:
Definition of childcare products:
Stakeholders have reached a preliminary agreement on the definition of child care products in the restriction proposal, based on the EU REACH and CEN definitions——
That is to say, childcare products refer to any products designed to promote (sitting), sleep, relaxation, hygiene (such as bathing), diaper changing, and general body care, feeding, sucking, sleeping, transportation, and protection of children.
It should be noted that the definition of "any product intended for use by children" only covers items produced for children's use. Therefore, items produced for adults but also for children (such as mattresses, water bottles, plates) are not included in the definition (the age definition for children will be consistent with the age defined in the Toy Safety Directive (2009), which is 14 years old).
Regarding the scope of prohibited and restricted substances:
Prohibit the use of all substances classified under CMR 1A or 1B in childcare products.
This includes substances classified as CMR 1A or 1B in Annex VI of the EU CLP Regulation, as well as substances that will be included in Annex VI of the EU CLP Regulation in the future and contain this hazard classification.
In addition, a preliminary concentration limit has been set: if the concentration is equal to or greater than 0.001% of the weight of each homogeneous material (i.e. 10mg/kg), it will not be used in children's products and will not be put on the market.
Regarding exemptions for special circumstances:
The restriction will not apply to the following situations:
-Second hand childcare products;
-Substances present in child care products that children cannot come into contact with in any form, including inhalation;
-Childcare items with medical purposes regulated under the Medical Device Regulations (2017).
Regarding the transition period:
For substances already listed in Annex VI of the EU CLP, there may not be a transition period. However, whether there will ultimately be a transition period and how long it will last will be determined during the decision-making process.
