EU Chemicals update – The European Commission Staff Working Document - Restrictions Roadmap under the Chemicals Strategy for Sustainability issued 25 April 2022

• Europe

• Chemicals

05-05-2022

The Roadmap reiterates a number of statements in the Chemical Strategy and confirms the approach of grouping substances for the purposes of Restriction. REACH Restrictions are normally used to limit the manufacture, placing on the market – including import, or use of a substance but can also impose any other relevant condition such as requiring a specific label. The Roadmap also reiterates that the intention is that the approach of grouping substances and the generic approach to risk management will be reflected in an amendment to REACH. 

One of the Roadmap’s stated objectives is to provide transparency to stakeholders and allow companies to anticipate (potential) upcoming restrictions and begin substitution activities. It also refers to broader restrictions both through the grouping of substances and also addressing wider ranges of uses (industrial, professional, consumer uses and uses in articles). 

The Roadmap includes a rolling list of substances. These are split into three groups and include the anticipated year of submission of a mandate to ECHA to prepare a restriction proposal for that substance/group of substances: 

• Pool 0 – Restrictions already proposed on the registry of intentions – This includes PFAS chemicals and medium-chain chlorinated paraffins.  
• Pool 1 – Planned restrictions not yet included on the registry of intentions – This includes PVC and its additives, CMR substances (carcinogenic, mutagenic or toxic for reproduction) in child care articles, and flame retardants.  
• Pool 2 – Potential restrictions – No decision has yet been taken on the potential restriction. This includes formaldehyde and formaldehyde releasers and lead in consumer articles. 

Industry has commented that up to 12,000 substances could fall within these pools. The focus on groups of chemicals could affect a range of products including consumer cosmetics. Industry has flagged that this could result in less variety and choice. ECHA and environmental groups generally are in favour of the grouping of substances as historically the restrictions process has been slow and where a substance has been made subject to restriction other similar substances (with similar or potentially worse risks) have been used instead (“regrettable substitution”). 

It is intended that the rolling list will be reviewed and updated regularly (in principle, annually). It is also intended that this will guide the prioritisation of substances for which safe and sustainable alternatives should be developed. 

Post-Brexit these rules would not apply automatically in Great Britain however, any change that reduces the market for a particular substance in the EU is likely to impact Great Britain as production of that particular substance/product may no longer be cost effective given the much smaller GB market. In addition, companies will need to consider carefully the impacts of continuing to supply a product in Great Britain where it has been banned in the EU from both a PR perspective but equally a liability perspective. 

The Roadmap is a staff working document prepared by the Commission services and is not legally binding, nor does it represent the views of the European Commission. However, it shows the expected direction of travel for the Restriction process. 

Companies should review the roadmap against their products and should consider whether any proposed restrictions/potential restrictions will impact them. Next steps can then be considered (e.g. whether substitution is likely to be required or whether to monitor developments and respond to any relevant consultations). 

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