Commercial Information Circulars

Ref : EIC 230/4/2 V

14 August 1997

Dear Sirs,

Commercial Information Circular No. 116/97

Germany : Regulation on Harmful or Carcinogenic Substances

Further to Commercial Information Circular No. 50/96 of 15 May 1996, the Department has received information that the German Regulation on harmful or carcinogenic substances (the Regulation) has been amended to defer the enforcement deadlines and provide clarifications on product coverage.

Details

Enforcement Deadlines

2. The German authorities have recently adopted further amendments to the Regulation on implementing the prohibition on Azocolours. The major change is that prohibition of sales of consumer goods containing banned Azocolours which are manufactured and imported by 31 March 1996 will be further deferred from 1 October 1996 to 1 January 1999. In derogation of the amended Regulation :
   1. the sale of work clothes, occupational and protective clothing as well as uniforms and official clothing and used commodities containing banned Azocolours will not be banned i.e. may continue after 1 January 1999;
       
   2. the production, import and sale of consumer goods which contain banned Azocolours by virtue of the recycled fibres or other used or recycled materials employed in their production may continue until 31 December 1999, i.e. be banned as from 1 January 2000 as originally stipulated in the Regulation; and
       
   3. the production and import of consumer goods which contain banned Azocolours by virtue of the pigments used in the production process may continue until 31 March 1998, i.e. be banned as from 1 April 1998, and the sale of such commodities may continue until 30 September 1998, i.e. be banned as from 1 October 1998 as originally stipulated in the Regulation.
       
3. The amended Regulation has further specified that the production and imp ort of commodities comprising leather in whole or in part which contain banned Azocolours be banned as from 1 April 1997, but the sale of such commodities may continue until 31December 1998, i.e. be banned as from 1 January 1999.

Exclusions of Pigments

4. The Regulation before amendment stipulated that Azocolours which, on decomposition, will create amine would be banned. The amended Regulation clarifies that pigments which are not soluble according to the testing method of the Regulation will be excluded from the ban.

Product Groups Coverage

5. The amended Regulation provides relatively more details on coverage by listing eight product groups to be covered by the Regulation. They are set out in broad terms without specific Harmonized System or other product codes. The general spirit is that products with regular contact with human body would be covered. The eight product groups are :
   1. clothing and materials used in the manufacture of clothing;
       
   2. bed linen, blankets, pillows, sleeping-bags;
       
   3. towels, beach mats, air mattresses;
       
   4. masks, hair pieces, wigs, artificial eyelashes;
       
   5. jewellery worn against the skin, bracelets;
       
   6. chest pouches, rucksacks;
       
   7. activity mats, covers of cradles, beds and seats for infants and young children; and
       
   8. diapers, sanitary towels, panty liners, tampons.
       
6. The Department will continue to monitor developments closely and keep traders informed as appropriate.

Enquires

7. For enquiries about the content of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

((Vincent WONG)
for Director-General of Trade

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.