Harmful Substances Under Scrutiny
The European Union's chemicals legislation is undergoing a significant transformation, moving towards a more hazard-centric approach, as evident in the context of REACh restrictions. One of the key aspects of this shift is the concept of 'Substance of Concern'.
This concept, traditionally safety-related, now extends its consideration to circularity objectives. Substances can be deemed 'of concern' if they negatively affect the reuse and recycling of materials in the product in which they are present. This broadened definition includes substances with confirmed as well as suspected hazardous properties, such as Carcinogens, Mutagens, Reproductive toxicants (CMRs) and Endocrine Disruptors Category 1 and 2.
The identification of a Substance of Concern in the ecodesign for sustainable products regulation (ESPR) may trigger information and notification requirements of their presence throughout a product's value chain and lifecycle. For instance, the use of such substances shall be minimized in packaging, with the possibility of setting restrictions, according to the Packaging and Packaging Waste Regulation (PPWR).
The revision of the CLP Regulation incentivizes new hazard classifications and simplifies processes for hazard classification. The CLP Regulation now empowers the Commission to initiate harmonized classification, a competence previously exclusive to the industry and Member States. The CLP Regulation incorporates new hazard classes, including Endocrine Disruptors (ED), Persistent, Bioaccumulative, and Toxic (PBT), very Persistent and very Bioaccumulative (vPvB), and Persistent, Mobile, and Toxic (PMT), and very Persistent and very Mobile (vPvM).
Alignment between self-classifications is incentivized and grouped classification prioritized, whenever scientifically justifiable. This approach aims to ensure consistency in the classification of substances across the EU.
The European Chemicals Agency (ECHA) is responsible for the future classification of substances as 'Substance of Concern'. The transition from the Green Deal to a Clean Industrial Deal could lead to more caution from the newly designated Commission regarding the implementation of the concept of Substance of Concern.
The Corporate Sustainability Reporting Directive (CSRD) introduces reporting requirements on Substances of Concern. Companies are now required to disclose whether and how their policies aim at the substitution and minimization of the use of such substances, present reduction targets, and report on their conditions of production, use, distribution, and import/export.
An example of this evolution towards a more hazard-centric approach in the EU chemicals legislation is the PFAS restriction proposal. Many acts still need to be adopted before the concept of Substance of Concern becomes fully operative, and the actual consequences of a substance's qualification upon its use in products are defined.
The PPWR sets its own procedure to determine the conditions under which a substance is deemed to hinder reuse and recycling, which could lead to other inconsistencies. The EU legislations increasingly incorporate the concept of 'Substance of Concern' beyond the remits of chemicals regulation. The EU Chemicals Strategy for Sustainability (CSS) expands the concept to include substances that hamper recycling for safe and high-quality secondary raw materials.
In conclusion, the concept of 'Substance of Concern' plays a crucial role in the EU's efforts to ensure the safety and sustainability of its chemical regulations. The ongoing evolution of this concept will undoubtedly shape the future of chemical management in the EU.
