Rethink on the Cards for EU Ecolabel’s Chemicals Provisions

The European Commission looks set to propose major changes to the provisions in the EU ecolabel Regulation, disqualifying products that contain substances classified as toxic or as SVHCs.

A three-year Commission reassessment of the ecolabel’s value - which concludes that the scheme is worth keeping - says it is not being used widely enough to make a significant difference to product use and production patterns - and partly blames the requirements on hazardous substances.

According to Article 6(6) of the Regulation, the label cannot be awarded to goods containing substances, preparations or mixtures meeting the criteria for classification as toxic, hazardous to the environment, carcinogenic, mutagenic or toxic for reproduction (CMR), in accordance with the CLP Regulation, or to those containing substances classified as SVHCs under REACH.

Clash with circular economy

In its 'staff working document' to the European Parliament and Council of Ministers, the Commission says Article 6(6) "does not always support the use of some chemicals that could be relevant in the context of the circular economy, for example, when chemicals which could be used to prolong durability or when their presence (if possible to determine) affects the ability to recycle. Similarly, the chemical content of secondary materials may not be possible to determine accurately to ensure adequate information and verification."

The provisions, it says, "illustrate the need to strike a balance between uptake by producers and by consumers. Strict criteria and a ban on hazardous substances is a guarantee to consumers, but compliance can be burdensome for producers and could potentially lead to a ban on products that may contain hazardous chemicals while still having a low environmental impact."

For some products, such as imaging equipment, PCs and laptops, the Commission says compliance with the provisions has been "problematic" for producers. "This is particularly true," it says, "for more complex products, for which it is more difficult to have a complete inventory of the substances used in the different components, which often arrive from different suppliers."

Moreover, "since only the presence of the chemical is examined rather than the risk it poses, the development of criteria does not take into account potential adverse environmental effects (for example, when substitution results in decreased durability, as has been the case for paints)."

NGO and industry reactions

The European Consumer Organisation, Beuc, and the European Environmental Bureau (EEB) said the label is "robust and reliable" because it requires manufacturers to replace hazardous substances with safer alternatives wherever possible. Giving as an example the new criteria for detergents, the groups’ ecolabel coordinator, Blanca Morales, said that to be able to use it, manufacturers must not use phosphates, microplastics, preservatives or fragrances dangerous for the environment or health.

This, she said, "is great news because detergents are the ecolabel’s flagship product group, with over 4,500 products available on the market and some major retailers using it".

But trade bodies, including Cefic, Eurometaux and PlasticsEurope, say its strict requirements for replacing hazardous substances are "unworkable".

In a 2015 position paper, Cefic and Eurometaux said SVHCs should be exempt from the ban provided "strict conditions" were met, and that a distinction should be made between substances intended for wide dispersive use and those embedded in a material’s chemical structure.