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EU Lifts Prohibition on Dangerous Substances Due to Industry Influence

Commission set to disregard pledge and allow harmful chemicals, confidential papers indicate.

EU Relents to Industrial Pressure, Lifting Ban on Harmful Chemicals
EU Relents to Industrial Pressure, Lifting Ban on Harmful Chemicals

EU Lifts Prohibition on Dangerous Substances Due to Industry Influence

In a surprising turn of events, the European Union's executive is facing intense pressure to soften the revision of its Reach regulation, covering chemicals law, due to industry lobbying and political influences.

The leaked 77-page impact study, part of the revision dated 13 January 2023, proposes three options that would restrict 1%, 10%, or 50% of products containing hazardous chemicals currently on the market. This revision was initially a commission priority, but a split between the environment directorate and the internal market directorate has led to delays.

The draft analysis estimates that health savings from chemical bans would outweigh costs to the industry by a factor of 10. However, the commission is feeling pressure to make it easier on industries, irrespective of public health benefits. This pressure is evident in the German chemicals industry's stance, with the German chemicals giant BASF linking a permanent downsizing in Europe to overregulation.

The VCI industry association in Germany has added to this pressure by calling for a postponement of the chemicals ban and spending over €150,000 on the EPP's Christian Democratic Union and Christian Social Union parties in Germany. This spending is raising concerns about potential conflicts of interest.

Efforts to dilute the legal revision were also helped by a change in support for consumers and the environment in Brussels. MEPs in EU president Ursula von der Leyen's European People's party (EPP) have shown queasiness towards environmental reform.

Several EU heads of state, including French President Emmanuel Macron and Belgian Prime Minister Alexander De Croo, have called for regulatory pauses or less burdensome rules. This call is based on concerns about the potential costs to businesses, with adjusted costs estimated to be in the range of €0.9bn-€2.7bn a year.

However, the environment directorate has pushed for robust measures. One significant lobby battle focuses on a new inventory for polymers in the Reach reform, which is seen as a form of regulatory capture by incumbents to stifle a growing alternative chemicals industry.

The health implications of these chemicals are significant. EU regulators found that 17% of European children were at risk from combined exposure to mixtures of phthalates, linked to developmental and reproductive illnesses, in a survey of 13,000 EU citizens' blood and urine last year. Traces of the reprotoxic endocrine disruptor bisphenol A were found in 92% of adults.

Despite these findings, the EU's executive is on the brink of a climbdown under heavy pressure from Europe's chemical industry and right-wing political parties. The exact extent of this climbdown remains to be seen, but it is clear that the revision of the Reach regulation is a contentious issue with far-reaching implications for public health and the environment.

It is crucial that the EU maintains its commitment to banning the most harmful chemicals in consumer products, allowing their use only where essential, as part of the European green deal. This commitment must not be compromised by industry lobbying or political pressures.

The EU official quoted as saying "We are increasingly being pushed to the side of industry" is not named in the provided search results. However, it is clear that the balance between industry interests and public health must be carefully maintained in the revision of the Reach regulation.

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