Largest-ever ban on toxic chemicals in EU hit by ‘extremely frustrating’ delays

Green groups say European Commission is ‘chief roadblock’ to its own plans, as report finds poor progress four years on

Harmful compounds in children’s nappies and toxic “forever chemicals” in everyday products are among 14 hazardous substance groups hit by lengthy delays to EU pollution controls, according to report findings described by scientists as “extremely frustrating”.

The European Commission sought to push broad categories of dangerous substances off the market with a “restrictions roadmap” in April 2022 that was hailed at the time as the largest-ever ban of toxic chemicals.

But four years later it has failed to start the process of regulating seven of the 22 hazardous chemical groups and has “effectively frozen” progress in regulating seven more, according to a progress check by ClientEarth and the European Environmental Bureau.

Green groups say the European Commission is the “chief roadblock” to its own roadmap and allege “unlawful delays” have resulted in nearly 100,000 tonnes of extra chemical pollution from six of the groups.

The announcement of a roadmap with a concrete timeline to phase out hazardous substances had been “very encouraging”, said Hélène Duguy, a lawyer at ClientEarth and co-author of the report. “Now we are four years after the initial publication – and things are really not looking good.”

The proposed restrictions hit by delays include lead in bullets, which is linked to chronic kidney disease in hunters; substances in childcare articles linked to cancer and genetic mutations; calcium cyanamide, a fertiliser that spreads carcinogens; and a bioaccumulating flame retardant used in cars.

Under EU chemical regulations known as Reach, the Commission is obliged to draft an amendment to the list of restrictions within three months of receiving opinions from expert committees. The deadline has never been met, the report found, with delays ranging from 13 to 47 months, and averaging two years.

Lead in ammunition and fishing tackle was responsible for the bulk of the 98,000 tonnes of pollution the report attributed to delays beyond the legal deadline, with a 23-month delay. The European Chemicals Agency (ECHA) estimates about 44,000 tonnes of lead are released into the environment from these sources each year.

Some restrictions have successfully entered into force. The Commission has restricted Pfas in firefighting foam, lead in PVC plastics, polycyclic aromatic hydrocarbons (PAHs) used in clay pigeon shooting, and a handful of other toxic chemical groups.

Europe has led the way in regulating harmful substances, introducing some of the strictest regulations on dangerous chemicals in the world. The roadmap was part of a continental detox that sought to regulate hazardous substances by using general bans with limited exemptions.

It was celebrated by green groups for improving on the previous cat-and-mouse approach in which regulators banned a specific substance only for the industry to lightly modify the compound – evading the ban without reducing the risk.

Mirella Miettinen, a chemical regulation researcher at the University of Eastern Finland, who was not involved in the report, said many cases had progressed through the opinion-making stage but were stuck at the decision-making stage. She described the lack of political will as “extremely frustrating” for those working to promote the restrictions.

“The report’s findings are significant and underscore the European Commission’s longstanding administrative negligence in the decision-making process regarding the restriction of harmful substances under the Reach regulation,” she said.

The Commission did not respond to a request for comment. Some chemical groups are no longer being restricted under the roadmap after committees advised against doing so or because the Commission decided to pursue them through a different regulatory route.

However, the latest version of the roadmap, which is updated annually, has delayed the timeline for several other chemical groups without explanation.

“The plan doesn’t really have a plan function any more,” said Duguy. “It’s just like a mirror of the inefficiency and the lack of action by the European Commission.”