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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 230/2/12

16 January 2007

Dear Sirs,

Commercial Information Circular No. 43/2007

European Union (EU)* : Restrictions on the Marketing and Use of Certain Dangerous Substances and Preparations

Two Directives have been adopted recently to amend the Council Directive 76/769/EEC concerning the restrictions on the marketing and use of certain dangerous substances and preparations. Details are set out in Directives 2006/122/EC and 2006/139/EC, copy of which are attached at Annexes I and II (pdf format) respectively to this circular for reference.

DETAILS

  1.  
  2. In order to provide a higher level of protection to human health and the environment, the EU authorities considered it necessary to restrict the marketing and use of certain perfluorooctane sulfonates (PFOS). As set out in the Annex to the Directive 2006/122/EC, PFOS may not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0.005% by mass; or placed on the market in semi-finished products or articles, or parts thereof, if the concentration of PFOS is equal to or higher than 0.1% by mass of the distinct parts; or, for textiles or other coated materials, if the amount of PFOS is equal to or higher than 1µg/m2 of the coated material. Certain applications of PFOS in aviation, semiconductor, plating and photographic industries are exempted but will be reviewed if safer alternative substances or technologies are available. Details are set out in the Annex to the Directive. These measures shall apply from 27 June 2008. However, fire-fighting foams which do not comply with this Directive but have been placed on the market before 27 December 2006 can be used until 27 June 2011.
     
  3. Directive 76/769/EC permits the use of certain arsenic compounds as biocides for the treatment of wood and lays down rules for the marketing and use of arsenic treated wood. As biocidal products are also regulated by Directive 98/8/EC, Directive 76/769/EC is hereby amended to ensure coherent application of the two Directives. In gist, the amendment mainly specifies provisions for wood treated with arsenic or copper, chromium, arsenic (CCA) compounds that were used in the EU before 30 September 2007. Details are set out in the Annex to the Directive 2006/139/EC. These provisions shall apply by 30 September 2007.

ENQUIRIES

  1. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,




(Miss Angel POON)

for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.



Note

  • While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.