In June 2022, the European Commission drafted a regulation to amend Annex XVII of REACH Regulation (EC) No 1907/2006, adding the following requirements for lead and lead compounds in the restriction item 63 on lead and lead compounds. The European Commission plans to approve this proposed revision in the fourth quarter of 2022.

Requirements for lead and lead compounds

15. Not for use in articles produced from vinyl chloride polymers or copolymers (PVC).

16. If the concentration of lead in the PVC material (expressed as lead metal) is equal to or greater than 0.1% (by weight), the PVC article shall not be placed on the market.

17. Paragraphs 15 and 16 shall come into force on the corresponding date 24 months + 1 day after the entry into force of this revised regulation.

18. As an exemption, paragraphs 15 and 16 do not apply to the following PVC articles containing recycled rigid PVC until the corresponding date 10 years after the entry into force of this revised regulation. Provided that the lead concentration (calculated as metal) in the recycled rigid PVC is less than 1.5% (by weight), and the recycled rigid PVC has been covered with newly produced PVC or other materials, the lead concentration of the covering layer (calculated as metal) (calculated) less than 0.1% (by weight):

(a) Profiles and panels for the exterior of buildings and civil works, excluding decks and terraces;

(b) Profiles and sheets for decks and terraces, provided that the recycled PVC is used for the intermediate layer and is completely covered by a layer of newly produced PVC or other material;

(c) Profiles and panels for concealed spaces or voids in buildings and civil works (not accessible during normal use, excluding repairs, e.g. cable ducts);

(d) Profiles and plates used inside buildings, but after installation, the entire surface of the profiles or plates facing the area where the building is used must be made of newly produced PVC or other materials;

(e) Multi-layer pipes (excluding drinking water pipes), but recycled PVC shall be used for the intermediate layer and be completely covered by a layer of newly produced PVC or other material;

(f) Fittings, excluding fittings for drinking water pipes.

Rigid PVC recovered from the categories mentioned in points (a) to (d) may only be used for the production of new items in any of these categories.

Suppliers of PVC articles containing recycled rigid PVC with a concentration of lead in the PVC (on metal) equal to or greater than 0.1% (by weight) should ensure that, prior to placing these articles on the market, it is clearly and clearly visible and indelibly marked: "Contains lead". If it cannot be marked on the item due to the nature of the item, it shall be marked on its packaging.

Suppliers of PVC items containing recycled rigid PVC should submit written supporting documentation as required by Member State law enforcement authorities to substantiate the veracity of the claims of the recycled origin of the PVC in these products. An agency-issued certificate of traceability and recycled content, such as a certificate to EN 15343:2007 or an equivalent recognized standard, can be used to prove the authenticity of such claims for PVC articles produced in the EU. Claims of recycled origin of PVC in imported articles should be accompanied by a certificate of traceability and recycled content issued by an independent third-party agency to provide equivalent proof.

The requirements of this paragraph will be reviewed by the European Commission in the light of new scientific information and amended accordingly, as appropriate, by the corresponding date five years after the entry into force of this revised regulation.

19. As an exemption, paragraphs 15 and 16 do not apply to:

(a) Polyvinyl chloride-silica separators in lead-acid batteries, exempted until the corresponding date 10 years after the entry into force of this revised regulation;

(b) Articles covered by paragraph 1 and meeting the exemption conditions of paragraphs 2 to 5. and articles covered by paragraph 7, subject to the exemptions of paragraphs 8 and 10;

(c) Items covered by the following directives and regulations:

(i) Food Contact Materials (FCM) Regulation (EC) No 1935/2004;

(ii) RoHS Directive 2011/65/EU;

(iii) Packaging Directive 94/62/EC;

(iv) Toy Safety Directive 2009/48/EC.

20. As an exemption, paragraph 16 does not apply to PVC articles placed on the market within 24 months of the entry into force of this revised regulation.