All regulatory updates

Commission proposal COM(2023) 781 to amend RoHS by re-attributing scientific/technical assessment tasks to ECHA (One Substance, One Assessment)

The European Commission published a proposal (COM(2023) 781; 2023/0454 (COD)) to amend Directive 2011/65/EU (RoHS) to re-attribute certain scientific and technical assessment tasks (notably around restriction review processes and the exemptions process) to the European Chemicals Agency (ECHA), consistent with the EU “one substance, one assessment” policy direction. This is a proposed legislative change (not yet in force) that could affect how future RoHS substance restrictions and exemption evaluations are conducted, potentially impacting evidence expectations, process transparency, and timelines once adopted.

European Commission proposal COM(2023) 781 to amend RoHS: re-attribute scientific/technical assessment tasks to ECHA ("one substance, one assessment")

European Commission materials indicate the RoHS review was finalised and a targeted amendment was proposed on 7 Dec 2023. The proposal (COM(2023) 781) would amend Directive 2011/65/EU to re-attribute scientific and technical assessment tasks (e.g., supporting restricted substances review and exemptions work) to the European Chemicals Agency (ECHA) under the EU 'one substance, one assessment' approach. For RoHS compliance teams, this is a forward-looking governance/process change that could affect how future Annex II substance restrictions and Annex III/IV exemptions are assessed (evidence expectations, transparency, timelines, and stakeholder engagement), even though it does not itself add substances or change exemption text yet.

Commission delegated directive text (C(2023) 7088 final) proposes new exemption for cadmium/lead in recovered rigid PVC profiles used in certain electrical/electronic windows and doors

A Commission Delegated Directive document (C(2023) 7088 final) in the Commission transparency register proposes adding a RoHS exemption covering cadmium and lead in plastic profiles (recovered rigid PVC) used in certain electrical and electronic windows and doors (referenced as category 11 EEE in the research notes). The draft text referenced in the research indicates an expiry date (reported as 28 May 2028). Compliance teams using recovered PVC profiles should monitor adoption/publication and confirm any concentration limits, conditions, and documentation needs in the final legal text.

EPA proposes amendments to TSCA PFAS one-time reporting rule to add exemptions and adjust reporting mechanics

EPA announced a proposal to modify the TSCA §8(a)(7) PFAS reporting and recordkeeping rule to make requirements more practical and implementable. EPA highlighted proposed exemptions/adjustments including: PFAS in mixtures/products at ≤0.1% concentration, imported articles, certain byproducts, impurities, R&D substances, and non-isolated intermediates, plus technical corrections and potential changes to the data submission period. EPA stated comments would be accepted for 45 days upon Federal Register publication. Compliance teams should monitor the proposal because it could materially change which entities (especially article importers) must report and what data must be submitted.

OMB: Guidance for Grants and Agreements (Buy America preferences) published in Federal Register

OMB guidance for grants and agreements addressing Buy America preferences (BABA implementation for federal financial assistance) was published in the Federal Register. This guidance is a central governmentwide reference used by agencies and recipients to interpret and apply BABA domestic preference requirements, including definitions and waiver processes as implemented through grants and cooperative agreements.

European Commission publishes batteries implementation hub page aggregating secondary legislation and guidance (tracking update)

The European Commission’s batteries policy page serves as an official implementation hub for Regulation (EU) 2023/1542, aggregating links to Battery Regulation-related secondary legislation and Commission notices/guidelines (e.g., on removability/replaceability and recycling efficiency/material recovery methodology). While the research did not confirm a specific new item within the last 30 days, compliance teams can use this page as an authoritative tracker for newly published delegated/implementing acts and Commission notices relevant to the Battery Regulation.

MoEFCC notifies E-Waste (Management) Rules, 2022 (principal rules text published)

MoEFCC published the E-Waste (Management) Rules, 2022 in the Gazette of India (official PDF). The rules establish the binding EPR-based compliance framework for e-waste in India, including CPCB portal registration for obligated entities (e.g., producers, recyclers, refurbishers), and required returns/reporting mechanisms as set out in the rules. The PDF indicates the rules take effect from 1 April 2023, which is the core go-live date for compliance obligations under this framework.

Recent updates under the Build America, Buy America Act (BABAA) have introduced additional compliance and reporting requirements for federally funded infrastructure projects in the United States. The newly introduced Build America, Buy America Compliance Act (S. 4393) requires federal agencies to report BABA implementation status, compliance actions, and waiver usage annually. The measures apply to products containing iron, steel, manufactured products, and construction materials used in infrastructure projects. Products may still be considered non-compliant if BABAA domestic sourcing requirements are not fully satisfied.

PFOA and PFOS Listed Under Proposition 65 for Reproductive Toxicity

Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS) were listed effective November 10, 2017, as known to the State of California to cause reproductive toxicity (developmental endpoint) under the authoritative bodies mechanism (US EPA). Manufacturers, importers, and distributors of products containing PFOA or PFOS above significant exposure levels must provide Proposition 65 warnings. PFOA was subsequently listed for cancer (effective February 25, 2022) and PFOS was listed for cancer (effective December 24, 2021), expanding warning requirements for these PFAS chemicals.

RMI FAQ clarifies CMRT April releases generally do not require re-surveying suppliers for the upcoming filing year

RMI guidance (Downstream FAQ) explains that CMRT updates are typically released in April and are intended for use in the next year’s filing cycle. The FAQ advises companies to use the most recent CMRT version when launching their annual supplier survey, document which CMRT version they accepted, and indicates companies generally do not need to re-survey suppliers solely because a new CMRT version is released in April for the upcoming filing. Compliance teams can use this guidance to set internal survey timing, version-control practices, and supplier outreach policies around CMRT annual updates.

RMI publishes CMRT Completion Guide (corresponding to CMRT Revision 5.0, released May 12, 2017)

RMI makes available a CMRT Completion Guide PDF that provides instructions/definitions and completion guidance for the CMRT (the guide explicitly corresponds to CMRT Revision 5.0 and notes the related CMRT release date of May 12, 2017). While not a recent update, this is authoritative guidance used by compliance teams to correctly complete CMRT fields and avoid validation/format errors in supplier responses.

RMI CMRT template access/download page is gated behind Terms & Conditions (limits automated retrieval of current CMRT version)

The official RMI CMRT template page requires acceptance of Terms & Conditions before the CMRT file can be accessed/downloaded, and the publicly viewable content does not expose the current CMRT version or release notes without passing the gate. This is operationally relevant for compliance teams because it can affect automated template distribution, internal controls over which CMRT version is used in supplier surveys, and evidence collection for version traceability (e.g., documenting when/where the CMRT was obtained).

RMI hosts CMRT Completion Guide document (legacy guide corresponding to CMRT Revision 5.0)

An RMI-hosted CMRT guide PDF is available on the official domain and provides completion guidance (including handling duplicates and smelter location distinctions). The research indicates this is a legacy guide (corresponding to CMRT Revision 5.0, released May 12, 2017) rather than a newly issued guide within the last ~30 days; however, it remains an authoritative reference for CMRT completion practices where still applicable.

On 4 February 2026, the European Commission proposed listing bis(2-ethylhexyl) tetrabromophthalate (TBPH) (CAS No. 26040-51-7 and EC No. 247-426-5.) as a Persistent Organic Pollutant under the European Commission framework. TBPH is a persistent, bioaccumulative, and toxic brominated flame retardant, and this nomination is the first step toward a global phase-out aligned with the Stockholm Convention on Persistent Organic Pollutants.

On 4 February 2026, the European Commission officially proposed the listing of bis(2-ethylhexyl) tetrabromophthalate (TBPH) as a Persistent Organic Pollutant (POP). TBPH is a brominated flame retardant (BFR) that has been identified as highly persistent, bioaccumulative, and toxic (PBT). It is also capable of long-range environmental transport, having been detected in remote Arctic regions. The EU's nomination is the first step in a global phase-out process. By nominating TBPH now, the EU aims to align its internal REACH restrictions with international law to prevent "regulatory leakage" from non-EU imports