Chinese manufacturers receive mixed results in Reach compliance test

The use of ‘high-PAH’ extender oils in tyres manufactured for sale within the European Union has been prohibited under the Reach regulation since January 1, 2010. This restriction was heeded by firms producing within the EU and appropriate modifications to the manufacturing process made before the deadline, and the European Tyre and Rubber Manufacturers’ Association (ETRMA) reports the confirmation of these producers’ compliance by independent testing. However the ETRMA notes “strong industry concern” exists as to whether all tyres imported into the European Union are being tested for compliance. For this reason the ETRMA itself took on the task of testing 45 brands of tyre – 110 tyres in total – that are currently offered for sale within the European Union. The results confirmed that the association’s apprehension was not unfounded.

Specifically, the ETRMA programme tested for compliance with the marketing ban under the European Union’s Reach Regulation 1907/2006/EC, Annex XVII, entry 50, which prohibits the presence in tyres of extender oils containing high level of dangerous polycyclic aromatic hydrocarbons (high-PAHs extender oils). This marketing ban was first enacted into EU law in 2005 by Directive 2005/69 and was subsequently integrated into Annex XVII2 of the EU’s REACH Regulation 1907/2006, in June 2009. The marketing ban applying to all tyres sold in the EU (whether locally manufactured or imported) came into force on 1 January 2010.

Tyres included in the sample group for the ETRMA’s first phase testing campaign were purchased from major retail outlets in several major EU states where a wide selection of tyres is normally available. The tyres were produced in nine European countries and seven countries outside of the EU. All tyres were produced after January 1, 2010 and hence subject to the marketing ban. Passenger car tyres accounted for 65 per cent of the 110-strong test group, with light commercial vehicle tyres made up a further quarter. The remaining ten per cent was divided between motorcycle tyres (five per cent), truck tyres (four per cent) and industrial tyres (one per cent). In total, 184 tests were conducted according to the official test method decided by the International Standards Organisation, ISO 214614.

All tyres produced by factories located within EU Member States were found to be compliant, the ETRMA reports. The imported tyres produced in six of the seven countries outside of the European Union were also Reach compliant; only tyres produced in China failed to comply. In noting this, the ETRMA points out a word of warning to wholesalers: “It is important to remember one of the key principles under Reach concerning imports: it is ultimately the importer who is responsible for compliance with the Reach rules.”

The non-compliant tyres were sold in Europe under the Westlake, Zeetex, Hero, Kumho, Infinity, Linglong, Fullrun, Gremax and Federal brands. Of the twelve non-compliant tyres – 11 per cent of the test group – ten were passenger car fitments, one light commercial vehicle and one a truck tyre. The ETRMA is quick to point out that many Chinese products complied with the ban. “This means that the Chinese industry is able to cope with the regulation,” the association states. “It is a pity to see that some importers decided to import non-compliant products into Europe.”

“While eleven percent is a cause for concern, it does take on staggering dimensions when one considers the fact that some 100 million tyres are imported into the EU and placed on the market each year,” stated Dr Francesco Gori President of ETRMA. “This may very well just be the tip of the iceberg.

“In light of the findings of its first test program, the ETRMA calls on the EU and national authorities to intensify and broaden their own testing and enforcement activities,” Dr. Gori continued. “Certain national authorities, for example in the United Kingdom, have already announced projects in the context of Reach enforcement, to ensure that the marketing ban on high-PAH oils in tyres is secured in conformity with the EU law. It is important to note that each Member State has its own penalty policy to ensure compliance with the EU ban.”