European Commission amends legislation on hardener varnishes and paints

The European Commission has amended legislation on catalysts used for lake hardening. Regulation 1149/2020 modifies downwards the limit concentration of diisocyanate in manufactured/distributed products and sets the conditions under which products with higher concentration can be used. It is a measure to protect the health of workers in areas where diisocyanates are used, as diisocyanates are considered a carcinogen. The European Commission has recently taken a growing interest in protecting the health of the population and the environment. Another regulation recently approved provides halving the accepted emission limit for formaldehyde. Read more information about it find here.

Regulation forces you to learn before using catalysts

Amendments on permitted quantities, labeling and exceptions can be found in Commission Regulation EU 2020/1149 of 3 August 2020 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) as regards diisocyanates. It stipulates that as of 24.02.2022, manufacturers and distributors are no longer allowed to place on the European market diisocyanates as such or in mixtures in which their concentration exceeds 0.1% by weight.

But there are exceptions. In order to produce and work with products with a higher content than this, two important obligations have to be complied with: training and labeling. Producers and users have had until 24.08.2023 to train, after which they must comply with these obligations.

Regarding training obligationParagraph 1(b) states that the employer or self-employed worker must ensure that industrial or professional users have successfully completed training in the safe use of diisocyanates before using the substance or mixture(s). That is, as of August 24, 2023, all professional users of catalysts containing diisocyanate must be trained in accordance with the requirements of Annex XVII of REACH Regulation. The training must be delivered by an HSE expert, in person or by e-learning, and concludes with an examination and the award of a certificate valid for five years.

Labeling obligation says in Paragraph 2(b): the supplier shall ensure that the recipient of the substance(s) or mixture(s) is provided with information on the requirements referred to in paragraph 1(b) and that the following statement is placed on the packaging in a manner that is visibly distinct from the rest of the information on the label: "As of August 24, 2023, proper training is required before industrial or professional use". So, after 24.08.2023, products containing diisocyanate will only be sold to professionals who have followed a course on how to use them, and the labels on the packaging must state this.

What are isothiocyanates and what health effects they have

Lacquers/paints dry as a result of the solvent coming out or reacting with a hardener (catalyst). On a piece of furniture we can apply, for example nitrocellulose lake or one polyurethane. In the first case, the varnish is dried after the solvent comes out. In the second case, the film hardens because we mixed the varnish with a catalyst (hardener) beforehand. The film formed in the second case is harder and more resistant. In other words, if you spill a glass of linseed oil, the nitrocellulose varnish will soften, whereas the polyurethane varnish will not. The hardener that makes it possible to obtain a hard film is diisocyanate.

Chemically, isocyanates are aliphatic or aromatic polymers that react with acrylic, polyester and alkyd resins to form a polymer called polyurethane. Polyurethanes are high-performance coatings with resistance to physical and chemical agents. They are also the basis for other products such as polyurethane foam, thermal insulation materials, car seats, furniture, mattresses, mattress padding, carpet underlay, packaging materials, shoes, laminated fabrics, synthetic rubber, adhesives. Diizocianații are isocyanates with two isocyanate groups (-NCO) and are used to make polyurethane varnishes/paints.

Exposure to isocyanates has health effects. The most common are irritation of the eyes, nose, throat and skin, tightness in the chest, shortness of breath. Isocyanates are compounds classified as potential carcinogens in humans and known to cause cancer in animals. The main effects of long-term exposures to isocyanates are occupational asthma and lung damage.