Commissioner for environment commits to publish the legislative proposal for the REACH revision in 2025
In her responses to the European Parliament Committees’ questions, commissioner-designate for Environment, Jessika Roswall, clarified that the ‘chemicals industry package’, announced by European Commission president, Ursula Von der Leyen, will include the revision of the REACH Regulation and committed to publish the legislative proposal in 2025. She reiterated that commitment during her confirmation hearing at the European Parliament on 5 November, stressing that the ongoing impact assessment would be the basis for the proposal, although it may need some adjustments, and that she has ‘no intention of delaying the process’. The revision will ‘simplify and modernise the regulatory framework’, ‘review the dual system of authorisations and restrictions, in order to substantially reduce the need for individual authorisations of uses of hazardous substances’ and ‘improve information requirements in key areas such as endocrine disruptor’. During her hearing, Roswall clarified that according to her ‘simplification does not mean deregulation’.
Regarding PFAS, commissioner-designate Roswall indicated that she would ‘seek a ban the use of PFAS in consumer uses, such as cosmetics, food contact materials and outdoor clothing’ and ‘would support the continued use of PFAS in industrial applications, in particular critical ones, under strictly controlled conditions’ where ‘adequate alternatives in terms of performance and safety are not available’. As no further details were provided during the hearing, it is not entirely clear what this distinction made between PFAS in consumer products and industrial applications concretely means in the context of the PFAS restriction currently examined by ECHA’s Committees (i.e. does it refer to specific exemptions for industrial applications as already anticipated in the draft restriction or to something else?). Asked by an MEP about the timeframe for her proposed ban on PFAS in consumer products, Roswall said an exact timeframe was difficult to provide but that she would get the process started as soon as possible, declaration which is also raising questions considering that the restriction process is ongoing.
MEPs have endorsed Jessika Roswall as environment commissioner on 6 November.
Member States call for swift REACH revision and PFAS restriction
Member States discussed the state of play and way forward for the Chemicals Strategy for Sustainability at the Environment Council on 14 October 2024. Nearly all Member States called for prioritising the revision of the REACH Regulation for the Commission to present a legislative proposal swiftly, some Member States recalling that other actions under the Chemicals Strategy, notably the CLP revision, will only take their full effect with the REACH revision. Denmark and Sweden stated that the REACH revision should focus on removing hazardous substances from consumer products. Sweden and the Netherlands stressed the need to better take into account the combination effects of chemicals when assessing and setting the conditions of use of chemicals. Both supported the introduction of assessment factors for combination effects. Germany emphasised the importance of improving and simplifying the authorisation process. Most Member States also supported the implementation of the ‘one substance, one assessment’ principle.
PFAS were mentioned by most Member States, who called for completing the PFAS restriction as soon as possible, with some divergences between Member States. Several stressed the need to preserve uses that do not yet have effective alternatives to minimise impacts on companies. Luxemburg also pushed for drawing a remediation strategy for PFAS pollution. The Netherlands, Austria and Estonia supported the implementation of the Safe and Sustainable by Design Framework, with the Netherlands calling on the Commission to publish a guidance to help companies implement this approach.
Revised CLP Regulation and revised Urban Wastewater Treatment Directive adopted by Council
The Council adopted the revised CLP Regulation on 14 October and the revised Urban Wastewater Treatment Directive on16 October 2024. This was the last step in the decision-making procedures. Both acts will be published in the Official Journal of the European Union and will enter into force 20 days later. Following the entry into force of the revised UWWTD, EU Member States will have up to 31 months to adapt their national legislation to the new rules.
ECHA hosts webinar on new hazard classes and guidance
ECHA organises on 21 November a webinar on the hazard classes recently introduced in the CLP Regulation (endocrine disruptors, PBT, vPvB, PMT, vPvM) and the development of the associated CLP guidance. More information on the upcoming webinar is available on ECHA’s website.
More information 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/