European Commission Invites Public Feedback on Regulation of UV-328 Under POPs

Overview of UV-328 and the Draft Regulation

UV-328, or 2-(2H-benzotriazol-2-yl)-4,6-ditertpentylphenol, is commonly used in products to prevent degradation from ultraviolet light. However, it has been classified as a persistent organic pollutant due to its long-lasting environmental and health effects. The European Commission's draft regulation proposes to add UV-328 to Annex I of Regulation (EU) 2019/1021, thus imposing strict controls on its manufacture, marketing, and use within the European Union.

The proposed regulation includes several key requirements:

1. Concentration Limits: UV-328 must not exceed a concentration of 1 mg/kg (0.0001% by weight) in any substance, mixture, or article. This limit aims to minimise environmental and health risks associated with its use.
2. Specific Exemptions: Certain uses of UV-328 are permitted under specific conditions. These exemptions include its use in:
   • Land-based motor vehicles, such as cars and motorcycles, until 26 February 2030.
   • Mechanical separators in blood collection tubes, also until 26 February 2030.
   • Triacetyl cellulose films in polarisers and photographic paper, with the same deadline.
   • Spare parts for the aforementioned applications, allowing continued use until the end of their service life or until 2044, whichever comes first.
3. Existing Products: Products containing UV-328 that were already in use within the EU before the expiry of the relevant exemption may continue to be used. This provision helps avoid the immediate recall of products already in the market.

Public Consultation and Stakeholder Participation

The European Commission has opened a public consultation from 30 July to 27 August 2024. During this period, stakeholders—including businesses, environmental groups, and the general public—are invited to provide feedback on the draft regulation. The Commission values this input, which will inform the finalisation of the regulation, ensuring it is practical and effective.

This consultation follows extensive discussions with experts and stakeholders, including sessions held by the European Chemicals Agency (ECHA). The ECHA's call for information earlier in the year highlighted the necessity for specific exemptions, particularly for imported goods containing UV-328, as suitable alternatives are still under development.

Next Steps and Implementation Timeline

Following the public consultation, the European Commission plans to adopt the regulation in the fourth quarter of 2024. The regulation will come into force 20 days after its publication in the Official Journal of the European Union, with full implementation required by 26 February 2025.

The European Commission, led by President Ursula von der Leyen, is committed to strengthening the regulation of hazardous substances, thereby safeguarding public health and environmental quality. This proposed regulation on UV-328 is a critical component of the EU's broader strategy to fulfil its international environmental obligations and promote sustainable practices.