On 21 May 2011, the Official Journal published Commission Regulation 494/2011 which extends the current ban on the presence of cadmium in products to cover articles made of plastic materials, articles of jewellery, and brazing sticks.

It may be recalled that the use of cadmium in most plastics has been outlawed on the EU market since 1992, with the ban growing to cover many uses in batteries and electronics in 2004. At the time of the 1992 ban, however, cadmium was still allowed to be used in certain rigid plastics, such as PVC, because there was no suitable alternative.

The European Commission has, however, determined that the availability of suitable alternatives to cadmium justifies banning the substance in all plastics.

Under the ban, mixtures and articles produced from plastic material shall not be placed on the market if the concentration of cadmium (expressed as Cd metal) is equal to or greater than 0.01% by weight of the plastic material.

The Commission will, however, continue to promote the recovery and reuse of PVC waste containing low levels of cadmium, though only for use in a limited number of applications such as construction products. Recovered PVC containing cadmium will have to bear a specific logo informing users of its cadmium content in order to be placed on the market, or else bear the words "Contains recovered PVC". The specific logo can be viewed in new Regulation 494/2011.

Additionally, the Commission has determined that a ban on the use of cadmium in jewellery is needed due to the fact that inspections of products on the market have shown dangerously high levels of cadmium in certain types of jewellery, particularly imitation jewellery. As cadmium is a carcinogen which can enter the bloodstream through skin contact, the Commission believes it is necessary to ban its use in jewellery entirely.

Thus, the relevant provision introduced by Regulation 494/2011 outlaws the following articles containing more than 0.01% of cadmium (expressed as Cd metal):

metal beads and other metal components for jewellery making;

metal parts of jewellery and imitation jewellery articles and hair accessories, including:

  • bracelets, necklaces and rings;
  • piercing jewellery;
  • wrist watches and wrist-wear;
  • brooches and cufflinks.

Finally, the Commission has extended the ban on cadmium to cover brazing sticks, which are rods of soft metal used to join metal pieces at very high temperatures (higher than traditional soldering). Brazing sticks are currently used by consumers for a small number of specific purposes, such as in constructing model trains and cars. The fumes given off while heating brazing sticks containing cadmium are said to be very dangerous if inhaled.

Cadmium will still be allowed in brazing sticks used in defence and aerospace applications, and to brazing fillers used for safety reasons.

Practically speaking, businesses should keep in mind that new Regulation 494/2011 will apply as of 10 January 2012. From this date, the products banned by the extended measures will no longer be allowed on the EU market.

The three restrictions have been added to Annex XVII of Regulation 1907/2006 concerning the registration, evaluation and authorisation of chemical substances, i.e., the REACH Regulation.

Commission Regulation 494/2011 can bee accessed at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:134:0002:0005:EN:PDF

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.