▪︎ Ecodesign Regulation, REACH
Defining a “Substance of Concern:”
EU Publishes Landmark Document
In September, the EU issued Ecodesign for Sustainable Products
Regulation (ESPR): Frequently Asked Questions, FAQ), a document intended to offer guidance to any companies affected by the definition of “substances of concern.”
The document states that the EU is considering harmonization of the definition in existing legal documents. It also notes that the definition must accurately capture the intended scope. In fact, the Ecodesign Regulation (ESPR), the Taxonomy Regulation, and the Corporate Sustainability Reporting Directive (CSRD) all interpret the term “substance of concern” slightly differently.
The ESPR definition
For example, according to the ESPR, a substance of concern is one that meets any of the following four criteria:
- It has already been identified as a substance of very high concern under the REACH regulation.
- It exhibits any of the hazardous properties listed in Part 3 of Annex VI to the CLP Regulation.
- It is covered by the Regulation on Persistent Organic Pollutants (POP Regulation).
- It negatively affects the reuse and recycling of materials in the article in which it is contained.
Criticism from the industry
In particular, the European Chemical Industry Council (CEFIC) is critical of the last item. The association demands a specific definition for individual product categories. Otherwise, it feels a risk would arise for around 12,000 of the approximately 23,000 chemicals registered in the EU suddenly being classified as substances of concern.
Take care of the legal security of your products in good time. If you have any questions about the Ecodesign Regulation and the legal consequences associated with it, please contact us at sales@kft.de.