In a communication adopted on Monday 22 April, the European Commission has specified the guiding criteria and principles for determining that the use of a harmful chemical substance remains essential for society.
According to the European Union institution, to characterise the concept of “essential uses”, two cumulative criteria must be met: - the use of the chemical substance is necessary for health or safety or critical for the functioning of society; - there is no serious alternative.
This concept, put forward by the Commission, is in line with the European strategy to reduce the use of the most harmful chemicals (see EUROPE 12581/6) while giving industry a degree of predictability about which chemicals are still acceptable for specific uses. However, it will only have legal force once it has been officially introduced into EU law. The Commission points out that the concept is not part of initiatives to restrict the use of ‘PFAS’ substances, as advocated by the European Chemicals Agency and several Member States (see EUROPE 12807/9).
According to the European strategy, the most harmful chemicals are substances that: - cause cancer or genetic mutation, affect the reproductive or endocrine systems, or are persistent or bioaccumulative; - affect the immune, neurological or respiratory systems; - are toxic to a specific organ.
The concept of “essential uses”, as defined by the Commission, applies to the uses of chemical substances on their own or in mixtures, articles, products or processes. The Communication defines use as “Any processing, formulation, consumption, storage, keeping, treatment, filling into containers, transfer from one container to another, mixing, production of an article or any other utilisation”.
In order to assess the essential character of the particular use of a chemical substance, it is necessary to examine both the technical function of this substance in the particular use, as well as the context of use. The use of a chemical substance may be essential in one product, but not in another, notes the Commission.
See the communication: https://aeur.eu/f/bw4 (Original version in French by Mathieu Bion)