Demand #4: A coherent approach to continuous use of the most harmful substances

The policy brief proposes reforming the EU's REACH regulation to ensure that exceptions for the use of hazardous substances are rare, short-term, and limited to 'essential uses'. It identifies current failures in the burden of proof and information asymmetry between companies and authorities, suggesting a system where the onus is on companies to prove necessity. Proposed measures include a maximum 10-year limit on exceptions, growing fees to incentivise substitution, and a strict 'essential use' criterion based on the Montreal Protocol.

• The current approach to exceptions for hazardous substances under REACH is both too lenient and too resource-intensive for public authorities, partly due to information asymmetry where authorities lack visibility on use patterns, tonnages, and emissions.
• The burden of proof for granting exceptions has been improperly handled; in the authorisation process, the reversal of the burden onto companies was largely ignored by the Commission, while in the restriction process, authorities have struggled to prove restrictions are necessary, leading to excessive exceptions.
• ClientEarth proposes that continuous production, sale, and use of the most hazardous substances should be unacceptable by default, with exceptions granted only for 'essential uses' that are necessary for health, safety, or critical for the functioning of society and have no acceptable technical or chemical alternative.
• To incentivise the phase-out of harmful chemicals, the document recommends that exceptions should never exceed 10 years, with a mid-term review required for those over 6 years, and that a growing fee be implemented over time to finance substitution activities.
• For substances in products used by the general public, the brief suggests a general ban with a maximum 1-year grace period, unless the substance is indispensable to a product critical to society, in which case a maximum 3-year exception may be considered if no emissions occur throughout the lifecycle.
• The document suggests introducing an 'emergency authorisation' safety relief valve allowing the Commission to grant short-term authorisations in response to unpredictable and imminent threats to human life or wildlife.

APA

Schenten, J. (2023). Demand #4: A coherent approach to continuous use of the most harmful substances. ClientEarth. https://www.clientearth.org/media/adwhnikm/ce_reach-reform_demand-4_coherent_approach_to_accceptable-use_of_mostharmful_shortcriticalcontrolled.pdf

Chicago

Schenten, Julian. Demand #4: A coherent approach to continuous use of the most harmful substances. ClientEarth, 2023. https://www.clientearth.org/media/adwhnikm/ce_reach-reform_demand-4_coherent_approach_to_accceptable-use_of_mostharmful_shortcriticalcontrolled.pdf.

Wikipedia

{{cite report |last1=Schenten |first1=Julian |title=Demand #4: A coherent approach to continuous use of the most harmful substances |publisher=ClientEarth |date=March 2023 |url=https://www.clientearth.org/media/adwhnikm/ce_reach-reform_demand-4_coherent_approach_to_accceptable-use_of_mostharmful_shortcriticalcontrolled.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{schenten2023demand, author = {Schenten, Julian}, title = {{Demand \#4: A coherent approach to continuous use of the most harmful substances}}, institution = {ClientEarth}, year = {2023}, month = mar, url = {https://www.clientearth.org/media/adwhnikm/ce_reach-reform_demand-4_coherent_approach_to_accceptable-use_of_mostharmful_shortcriticalcontrolled.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }