News Article
Are you Prepared for the Upcoming Formaldehyde Restrictions in August 2026?
The implementation date for European Union Regulation (EU) 2023/1464 is fast approaching. This regulation introduces new restrictions on the release of formaldehyde (CAS 50-00-0) from a wide range of products, including furniture, where formaldehyde is intentionally added.
Published on 14 July 2023, it establishes specific requirements that products must meet before being placed on the EU market, with compliance becoming mandatory from 6 August 2026.
The restriction is listed as Entry No. 77 in Annex XVII of the REACH Regulation, which governs the manufacture and use of certain hazardous substances in products sold within the EU.
Organisations involved in manufacturing, supplying, or placing affected goods on the market should ensure they understand the requirements and assess their current compliance status.
The text of the regulation is as follows:
Formaldehyde and formaldehyde-releasing substances:
1. Shall not be placed on the market in articles, after 6 August 2026, if, under the test conditions specified in Appendix 14, the concentration of formaldehyde released from those articles exceeds:
- Articles in which formaldehyde or formaldehyde-releasing substances are exclusively naturally present in the materials from which the articles are produced
- Articles that are exclusively for outdoor use under foreseeable conditions
- Articles in constructions, that are exclusively used outside the building shell and vapour barrier and that do not emit formaldehyde into indoor air
- Articles exclusively for industrial or professional use unless formaldehyde released from them leads to exposure of the general public under foreseeable conditions of use
- Articles for which the restriction laid down in entry 72 applies
- Articles that are biocidal products within the scope of Regulation (EU) No 528/2012 of the European Parliament and of the Council (*)
- devices within the scope of Regulation (EU) 2017/745
- Personal protective equipment within the scope of Regulation (EU) 2016/425
- Articles intended to come into contact directly or indirectly with food within the scope of Regulation (EC) No 1935/2004
- Second-hand articles
2. Shall not be placed on the market in road vehicles after 6 August 2027 if, under the test conditions specified in Appendix 14, the concentration of formaldehyde in the interior of those vehicles exceeds 0,062 mg/m3
The first subparagraph shall not apply to:
- Road vehicles exclusively for industrial or professional use, unless the concentration of formaldehyde in the interior of those vehicles leads to exposure of the general public under foreseeable conditions of use
- Second-hand vehicles
Currently, wood-based panels used in the construction industry are classified as E1 or E2 with regard to their formaldehyde emissions in the standard EN 13986:2004 Wood-Based Panels for use in Construction: Characteristics, evaluation of conformity and marking. E1 is where the emission is below 0.124 mg/m3 and E2 is where the emission is above that value. EN717-1 is the method of test to establish the emission rate that is called up in EN 13986.
More recently E05 class has been discussed, particularly with respect to the German market, and this has an emission rate of 0.062 mg/m3. It is this rate that has been adopted into the Annex XVII requirement for wooden products. Non-wood-based products will be subject to the higher limit of 0.08 mg/m3.
An appendix to the standard provides the test conditions that should be applied in measuring the emission rate. These reflect the conditions that are used in EN717-1 and therefore, if a product is E05-rated, then it would be expected to be compliant with the new requirement. However, the test conditions in the appendix to the Annex XVII entry are not eplicit about the measurement technique used for the determination of formaldehyde.
It is worth noting that in the furniture sector, any textile material that is already within the scope of Entry 72 to Annex XVII is not subject to these requirements, and it only applies to materials where formaldehyde or formaldehyde-releasing substances have been added in the production process, possibly in the form of resins or adhesives.
These requirements will not automatically apply within the mainland of the United Kingdom, as it is part of the EU REACH system, but they will apply to Northern Ireland and will be a requirement for any goods intended for export to the European Union.
For further information on Annex XVII restrictions or testing of materials for formaldehyde release, please contact john.hubbard@element.com
