The Maltese government has enacted new regulations aimed at restricting the use of hazardous substances in electrical and electronic equipment. The amendments, known as the Restriction of Use of Hazardous Substances in Electrical and Electronic Equipment (Amendment No. 2) Regulations, 2024, were officially published on 23 August 2024 in the Government Gazette.
The new regulations continue Malta's commitment to ensuring consumer safety and environmental protection. These amendments specifically aim to align with the European Union's Directive 2011/65/EU, which governs the use of certain hazardous substances in electronic equipment, commonly referred to as the Restriction of Hazardous Substances (RoHS) Directive.
Key Provisions of the New Regulations
The 2024 amendments introduce several key provisions, including:
- Inclusion of Additional Substances: The amendments add an exemption for the use of cadmium and lead in plastic profiles in electrical and electronic windows and doors made from recovered rigid polyvinyl chloride (PVC). This exemption allows the continued use of these substances under strict conditions, including specific concentration limits: no more than 0.1% cadmium and 1.5% lead by weight.
- Traceability Requirements: Suppliers of PVC articles containing recovered rigid PVC must provide clear labelling if the concentration of lead is equal to or greater than 0.1% by weight. This labelling must state "Contains ≥ 0.1% lead." Furthermore, suppliers are required to provide documentary evidence to national enforcement authorities upon request to substantiate claims about the recovered origin of the PVC used in their products.
- Timeframe for Compliance: The regulations stipulate that from 28 May 2026, rigid PVC recovered from electrical and electronic windows and doors can only be used for producing new articles under specific categories as outlined in the regulations.
- Transitional Period: The new rules come into force retroactively as of 1 August 2024, allowing stakeholders a transition period to comply with the updated requirements.
Impact on the Industry
The new amendments are expected to impact manufacturers and suppliers of electrical and electronic equipment, particularly those dealing with products that contain PVC components. Companies will need to ensure compliance with the new substance limits and labelling requirements. Additionally, the requirement to prove the origin and recycled content of PVC could lead to increased operational costs and the need for enhanced supply chain transparency.
Commitment to Environmental Safety
This legislative update underscores Malta's dedication to maintaining high standards for product safety and environmental health, in line with EU regulations. The country continues to demonstrate its commitment to reducing hazardous substances in consumer products, thereby protecting both the environment and public health.
As the implementation of these regulations progresses, affected industries and stakeholders are advised to review the full text of the amendments and seek guidance on compliance to ensure a smooth transition.
