1. The implementation of the substitution principle in European chemical legislation : a comparative analysis
- Author
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Slunge, Daniel, Miguel, Mécia, Lindahl, Lina, Backhaus, Thomas, Slunge, Daniel, Miguel, Mécia, Lindahl, Lina, and Backhaus, Thomas
- Abstract
Background: The substitution of hazardous chemicals with safer alternatives is an important objective in European chemical policy, but implementation has been slower than expected. We conduct a comprehensive analysis and comparison of the implementation of the substitution principle in European regulations for pesticides, biocides, and industrial chemicals. Specifically, we examine and compare the criteria and processes associated with the identification of candidates for substitution and the assessment of alternatives. Results: We find only minor differences in the criteria applied to identify candidates for substitution amongst pesticides, biocides, and industrial chemicals, but larger differences concerning the processes used. While all substances that are to be approved as a pesticide and biocide are systematically evaluated against the established criteria for substitution, the substitution process for industrial chemicals only focuses on those substances identified as substances of very high concern. The main reason candidates for substitution remain on the market is the lack of identified safer chemical alternatives and the insufficient consideration of non-chemical alternatives, caused, at least to a large extent, by the comparatively weak incentives provided by current regulations. Conclusions: The systematic approach for the identification of industrial substances of very high concern (SVHC) under ECHAs “Integrated Regulatory Strategy” is much welcome. However, no final conclusion on SVHC properties or the need for regulatory action has been drawn for approximately 90% of the REACH-registered substances, as often even basic hazard and exposure data are missing. Hence, at least a screening-level evaluation of SVHC properties should become a mandatory part of the substance registration under REACH. To reduce the risk of strategic behaviour in the search for alternatives to industrial chemicals identified as SVHC, a setup in which regulatory authorities play, Open access funding provided by University of Gothenburg. The study was funded by the Swedish Research Council FORMAS, Reference Nos. 2016-01238 and 2020-00920, and the Centre for Future Chemical Risk Assessment and Management (FRAM) at the University of Gothenburg. The funders had no role in the design of the study, the collection, analysis, and interpretation of data or in writing the manuscript.
- Published
- 2023
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