Following the recent REACH Committee vote on lead restrictions in fishing tackle, EFTTA is providing industry members with preliminary information on the expected warning and information requirements during the transition period.
Although the final legal text has not yet been officially published, the current draft foresees specific obligations for retailers and online sellers of certain lead-containing products.
Which products are concerned?
The current draft concerns products containing 1% lead or more by weight, including:
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fishing sinkers,
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fishing lures,
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fishing wires,
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and drop-in sinkers.
Products below the 1% threshold would be exempted.
What would retailers need to do?
According to the current draft text, warning information would need to be clearly displayed:
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at physical points of sale, and
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in online sales offers.
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The information would need to be provided in the official language(s) of the country where the products are sold, unless national authorities decide otherwise.
The warning would inform consumers that:
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the product contains lead,
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lead presents environmental and health risks,
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and EU restrictions and phase-out dates apply.
When would these requirements apply?
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The current draft foresees that the warning and information requirements would apply from 6 months after Entry Into Force (EIF) of the legislation.
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Entry Into Force normally takes place shortly after the final legal text has been formally adopted and published in the Official Journal of the European Union, following the current three-month scrutiny period in the European Parliament and the Council.
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The sales restrictions themselves would then apply gradually depending on the product category and weight.
Final legal text still pending
At this stage, the final legal text has not yet been officially published and details may still evolve during the legal finalisation process.
EFTTA is closely monitoring developments and will continue to provide members with practical guidance and updates as more clarity becomes available.
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More details
New labelling requirements
Cuttings from the basic text (the “agency” is ECHA)
(7) Against this background, the Agency proposed a restriction of lead in ammunition and certain fishing tackle which included, inter alia, a restriction on the placing on the market and use of lead in a concentration of equal to or greater than 1% in sinkers, lures, fishing wires and drop-in sinkers.
Moreover, the Agency proposed imposing information obligations on retailers of those products and labelling obligations on ammunition suppliers. The proposed restriction was intended to reduce lead emissions by approximately 630 000 tonnes, of which 48 300 tonnes from avoided use of lead in fishing tackle, over the 20 years following its introduction. This would be a reduction of 72% compared with a situation without the proposed restriction. The restriction would also prevent IQ loss in about 7 000 children in the Union per year, leading to a welfare saving of roughly EUR 70 million per year.
(9) The Agency recommended that the restrictions on fishing wires and drop-in sinkers should apply as soon as possible, given the availability of alternatives and the need to prevent the direct and intentional release of lead into the environment. In order to allow operators to adapt to the new rules and put in place the necessary risk management measures, the Agency recommended a deferred application of the restrictions on articles other than fishing wires and drop-sinkers within the scope of the Annex XV dossier and of the information and labelling obligations.
(14) RAC supported the labelling and information requirements proposed by the Agency for lead in certain fishing tackle. However, RAC recommended avoiding confusion by increasing the lead concentration limit that would trigger the application of the requirements from 0.3% to 1% by weight,so as to align it with the concentration limit that triggers the ban on placing on the market and use. (a thing I suggested in ECHA meetings. Jan K)
(17) SEAC did not have sufficient information to reach a conclusion as to whether the cost of providing information at the point of sale (as proposed by the Agency and supported by RAC) would be fully justified, or whether other educational measures could more effectively influence purchasing behaviour. SEAC agreed with RAC that the same concentration limit of 1% by weight that was proposed for restricting the placing on the market and use of lead in certain fishing tackle should also apply to labelling and information requirements in order to avoid confusion and assist enforcement. SEAC also supported RAC’s proposal to apply the labelling and information requirements to alternatives containing copper and copper alloys only when the lead content is equal to or greater than 3% by weight.
Cuttings from the ANNEX:
22. From [Publication Office: insert date 6 months after EIF of this Regulation], retailers of fishing sinkers and lures of any dimension or weight, containing lead in concentrations equal to or greater than 1% by weight, shall clearly and visibly display the following information, at the point of sale and in close proximity to the products mentioned above or, in the case of distance sales, in the distance sales offer:
‘WARNING: this product contains lead which is very toxic to the environment and may damage fertility or the unborn child. The placing on the market and use of lead in the fishing tackle listed below is restricted in the EU from:
- [Publication Office: insert date 3 years after EIF of this Regulation] for sinkers and lures weighing 50 g or less
- [Publication Office: insert date 5 years after EIF of this Regulation] for sinkers and lures weighing 1 kg or less, but more than 50 g.
- [Publication Office: insert date 6 months after EIF of this Regulation] for fishing wires and drop-in sinkers of any weight.
More information, including on the availability of lead-free alternatives, is available at [www.echa.europa.eu]’
The information referred to in the first subparagraph shall be in the official languages of the Member State where the point of sale is established or, in the case of distance sales, in the official languages of the Member State where the distance sale is offered, unless the Member State concerned provides otherwise regarding those languages.
23. By way of derogation, paragraphs 21 and 22 shall not apply to:
a. lures made of copper alloys containing a concentration of lead (expressed as metal) less than 3% by weight;
b. split shot weighing 0.06 g or less that is placed on the market in spill-proof and child-resistant packaging.
Links
➡️ https://ec.europa.eu/transparency/comitology-register/screen/meetings/CMTD%282026%29640
➡️ https://ec.europa.eu/transparency/comitology-register/screen/documents/110163/4
➡️ Basic text (EN)
https://ec.europa.eu/transparency/comitology-register/core/api/integration/ers/528344/110163/4/attachment
Other languages: Choose the “Other language” button
➡️ Annex (EN)
https://ec.europa.eu/transparency/comitology-register/core/api/integration/ers/528345/110163/4/attachment
Other languages: Choose the “Other language” button
