Is the EU about to weaken one of the world’s strongest chemical safety laws? Recent proposals suggest Europe’s flagship chemicals legislation faces significant dilution under the guise of “simplification.”
This article by former European Commission Vice President Margot Wallström, Swedish Parliament member Jytte Guteland, and former Swedish Deputy State Secretary Mats Engström will be essential reading for manufacturers, importers, and chemical industry professionals operating in European markets. Their insider perspective on REACH’s development and current threats provides crucial intelligence for compliance planning.
What’s really happening to REACH
After 18 years in force, the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation faces potential weakening. The European Commission promises “simplification,” but the proposal presented to member state experts looks more like deregulation.
The most concerning change would severely dilute the goal of phasing out substances of very high concern. This shift comes after intense industry lobbying for European “competitiveness” – described by the authors as reminiscent of “the largest ever lobbying campaign in Europe” that originally tried to weaken REACH.
According to the EU Transparency Register, industry lobbying on REACH and PFAS has intensified significantly in recent years.
The proposed changes and their impact
The Commission’s approach would limit authorisation procedures for substances of very high concern. This includes potentially excluding those with widespread uses, meaning more hazardous substances would remain on the market.
The Commission is also backing away from its 2020 Chemicals Strategy for Sustainability. This reversal particularly affects the rapid phaseout of substances with generic risks like neurotoxicity or persistent “forever chemicals” like PFAS.
This new approach would reduce regulatory incentives to replace dangerous substances. History shows voluntary approaches fail to deliver results, often shifting the burden to national authorities and potentially fragmenting the internal market.
The real cost of inaction
The authors highlight a stark reality: PFAS contamination can now be measured in our bloodstreams. Blood tests on two of the article’s authors revealed widespread PFAS variants at typical levels for their age group, alongside other potentially dangerous chemicals like polychlorinated alkanes.
The Commission’s own estimates show PFAS cleanup costs across the EU will range between €5 billion and €100 billion per year. This represents just one example of the human and economic cost of regulatory inaction.
Why this matters for your business
These proposed changes could significantly impact your compliance obligations. If substances of very high concern face weaker restrictions, you might face:
- Continued exposure to supply chain risks from hazardous materials
- Increased liability as substances later prove harmful
- Competitive disadvantage against companies using cheaper but riskier alternatives
- Potential fragmented regulations as member states fill gaps with national rules
Conversely, maintaining strong REACH provisions could provide competitive advantages in future global markets where chemical safety becomes increasingly important.
The broader context
Commission President Ursula von der Leyen has promoted the “One Health approach” linking human wellbeing to environmental health. However, weakening chemicals legislation contradicts this approach and makes commitments to “stay the course on the Green Deal” increasingly meaningless.
Several companies in textiles, furniture, and recycling sectors have called for stronger REACH rather than dilution, recognising that chemical safety supports their own operations.
Preparing for uncertainty
- Given the political pressure for “simplification,” companies should prepare for potential regulatory changes. However, the safest long-term strategy remains investing in safer alternatives to hazardous substances.
- Consider accelerating your transition away from substances of very high concern. Even if regulations weaken temporarily, market pressure and liability concerns will likely drive demand for safer alternatives.
- Build relationships with suppliers who prioritise chemical safety. This positions you well regardless of regulatory outcomes and supports long-term competitiveness.
Only stronger chemicals regulation can deliver the EU’s commitments to a toxic-free environment while supporting genuine competitiveness based on innovation rather than regulatory race-to-the-bottom.
As this debate unfolds, staying informed about potential changes becomes crucial for strategic planning. The outcome will significantly impact how you manage chemical compliance across European markets.
Ready to navigate the evolving chemical compliance landscape? Our team at Alura Group can help you develop robust strategies that protect your business regardless of regulatory changes. Contact us today to discuss how we can support your chemical safety and compliance needs.
