▪︎ REACH
Use of hazardous chemicals:
EU provides clarity
The EU has now clarified in which cases substances that are proven to harm the environment and health may still be used and has published the Guiding criteria and principles for the essential use concept in EU legislation dealing with this.
In fact, none of the EU legislation to date contains a definition of the essential uses of substances. With the guidelines, the EU now wants to provide legal certainty for authorization and restriction decisions. The definition could be important, for example, in the upcoming restriction proposal for PFAS.
The key criteria
The document on page five lists ten groups of the most hazardous chemicals, primarily endocrine disruptors (EDCs) as well as carcinogenic and persistent, mobile and toxic substances. These may only be authorized,
- if their use is essential for health and safety or crucial for the functioning of society.
- if there are no acceptable alternatives.
Assistance in assessing whether a use is essential is provided in Section III of the Annex to the 23-page document, where those seeking advice will also find tables with criteria that must be met in order to justify the use of the substances.
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