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

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.