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Environmental and health related criteria for buildings - ANEC

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IBO - <strong>Environmental</strong> <strong>and</strong> Health <strong>related</strong> Criteria <strong>for</strong> Buildings<br />

European legislation regarding hazardous substances in building products<br />

In POULSEN et al (2010) an investigation on the European legislation regarding chemicals in<br />

consumer products was carried out. Two types of legislation were reviewed: product<br />

legislation 99 <strong>and</strong> chemical legislation (i.e. REACH).<br />

The authors overall conclusion from the review is “that the current legal framework is<br />

insufficient because very few chemical requirements in general exist <strong>for</strong> consumer products.<br />

Chemical requirements are:<br />

- missing entirely in the General Product Safety Directive (only “products must be safe”),<br />

- inadequate in REACH, Toy Safety Directive <strong>and</strong> ROHS (too few substances restricted or<br />

not strict enough to protect human <strong>health</strong>), or<br />

- just <strong>related</strong> to regulations in Member States (Construction Products Directive).”<br />

Another area of criticism is the use of weak phrases in the product legislations instead of<br />

using specific limit values or other more “solid” requirements. Weak phrases like “products<br />

must be safe” or “human <strong>health</strong> may not be endangered” are difficult to act on. They should<br />

be replaced by either specific limit values or harmonised st<strong>and</strong>ards that set limit values.<br />

The following chapters summarise the main findings of POULSEN et al (2010) concerning<br />

the European legislation (REACH, Toy safety directing, GPSD, ROHS, CPD <strong>and</strong> CPR) as far<br />

as they touch topics <strong>related</strong> to construction products.<br />

Registration, Evaluation, Authorisation <strong>and</strong> Restriction of Chemicals (REACH)<br />

The new European Chemicals regulation REACH 100 st<strong>and</strong>s <strong>for</strong> the Registration, Evaluation,<br />

Authorisation <strong>and</strong> Restriction of Chemicals. REACH regulates the h<strong>and</strong>ling of chemicals, no<br />

matter whether they have hazardous properties or not.<br />

All substances manufactured or imported in quantities greater than 1 tonne per year must be<br />

registered within ECHA (European Chemicals Agency).<br />

The adequacy of the registered data <strong>and</strong> the quality of dossiers is evaluated in three ways<br />

(ECHA 2010):<br />

- compliance check whether or not the in<strong>for</strong>mation submitted is in compliance with the law<br />

- examination of testing proposals.<br />

- substance evaluation whether the use of a substance may cause a serious risk to human<br />

<strong>health</strong> or the environment<br />

Substances subjected to authorisation are listed in Annex XIV of REACH (“Authorisation<br />

List”). The following substances may be included in Annex XIV (according to article 57 of the<br />

REACH Regulation):<br />

(a) carcinogenic substances (category 1 or 2 according to 67/548/EEC);<br />

(b) mutagenic substances (category 1 or 2 according to 67/548/EEC);<br />

(c) substances which are toxic <strong>for</strong> reproduction (category 1 or 2 according to 67/548/EEC);<br />

99 Product legislation is legislation where products are in focus, like e.g. General Product Safety<br />

Directive <strong>and</strong> Toy Safety Directive.<br />

100 REACH Regulation (EC) no 1907/2006 of 18 December 2006 concerning the Registration,<br />

Evaluation, Authorisation <strong>and</strong> Restriction of Chemicals<br />

Final Report 127 31 03 2011

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