Our monthly update on the roll out of the EU’s Chemicals Strategy for Sustainability as it relates to persistent and mobile substances.

Council general approach on the Ecodesign for Sustainable Product Regulation further clarifies interface with REACH

The Council maintained the broad definition of ‘substance of concern’ as in the Commission proposal, which includes PMT/vPvM substances. The general approach however further clarifies that ecodesign and performance requirements adopted under the ESPR should not restrict the use of substances in products based on chemical safety or food safety reasons but for reasons relating primarily to circularity and sustainability of the product (e.g. substances that hinders the reuse or recycling of products). This clarification aims to better define the interface between the ESPR and other legislative frameworks, in particular with REACH. Relevant substances that ‘negatively affects the re-use and recycling of materials in the product’ should be determined as part of the prior assessment before setting ecodesign criteria for a product group. The Council also provides a minimum transition period of 18 months before the entry into force of ecodesign requirements.

Council general approach slightly extends the list of pollutants for which reporting requirements can be set

The Council general approach on the Industrial Emissions Portal Regulation, adopted on 8 June 2023, slightly broadens the scope pollutants that may be added to Annex II (i.e. the pollutants that need to be reported above set thresholds) adding to the list substances restricted under REACH (only SVHCs were listed in the Commission proposal) and substances listed in the watch list of the Drinking water Directive. Although the Council partly limits the empowerment of the Commission to adopt delegated acts, it is maintained for adding pollutants in Annex II and setting and updating thresholds for releases. The Council postpones the application of the Regulation by two years (to 2028 instead of 2026), to leave time to Member States adapt to the new rules.

Upcoming consultation deadlines:

• deadline to contribute to the call for evidence on 1,4-dioxane as well as substances and mixtures containing 1,4-dioxane as a constituent or an impurity: 20 June 2023.
• Deadline to contribute to the call for evidence and the open public consultation on the impact assessment to ensure that hazardous chemicals banned or severely restricted in the EU are not produced for export: 31 July 2023.
• Deadline to reply to the open public consultation for the fitness check of the application of the polluter-pay principle: 4 August 2023.
• Deadline to provide feedback on the revision of the general pharmaceutical legislation: 6 August 2023.
• Deadline to provide feedback on the PFAS restriction: 25 September 2023

Gantt Chart and Detailed Spreadsheet and more info of upcoming actions related to persistent and mobile substances

For more information of regulations under the regulatory watch, as well as a Gantt Chart of the roll out, continuously updated spreadsheet and more information, please visit https://zeropm.eu/regulatory-watch/