Substances of Concern in Ecodesign and Other EU Law

The notion of “substances of concern” is not new in EU chemicals policy, although it has been used in some different contexts (e.g. regulatory risk management, biocides). With the landmark new Ecodesign for Sustainable Products Regulation (ESPR) in force since 18.7.2024 a wide multi-reference and dynamic definition of “substance of concern” has been introduced, based on the European Commission's Chemicals Strategy for Sustainability. The ESPR definition is accompanied by various provisions allowing to foresee performance and information requirements in future ecodesign measures. The same term has also appeared in other existing and emerging EU laws and policy initiatives, namely those under the European Green Deal, where it already triggers reporting actions for certain large companies (corporate sustainability reporting) and the European Commission (for batteries), while other regulations still to be adopted (packaging and packaging waste, vehicles) also make use of it. The aim of this article is to provide a review, compare and assess the main EU legal provisions in force and forthcoming – as far as they govern “substances of concern” – taking the new ESPR provisions as a benchmark. In addition, related EU laws, proposals and other initiatives which do not or only marginally use this terminology as of today, or that can be considered as “false friends” (e.g. “Substances of Very High Concern – SVHC”; “Substances of Concern in Products – SCIP”; “most harmful substances”; REACH restrictions, e.g. “universal” PFAS proposal; “substances of emerging concern”), shall be addressed. Some notable industry approaches to tackle chemicals management including “substances of concern” will also be discussed.

Author: Tim Becker