Environmental and health related criteria for buildings - ANEC

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IBO - Environmental and Health related Criteria for Buildings (d) persistent, bioaccumulative and toxic substances (PBT substances) according to the criteria set out in Annex XIII to the REACH Regulation; (e) very persistent and very bioaccumulative substances (vPvB substances) according to the criteria set out in Annex XIII to the REACH Regulation; (f) substances - such as those having endocrine disrupting properties or those having persistent, bioaccumulative and toxic properties or very persistent and very bioaccumulative properties, which do not fulfil the criteria of points (d) or (e) - for which there is scientific evidence of probable serious effects to human health or the environment which give rise to an equivalent level of concern to those of other substances listed in points (a) to (e) and which are identified on a case-by-case basis in accordance with the procedure set out in Article 59. According to this Article 59 substances of very high concern (SVHC) may be identified in the framework of the authorisation process. These SVHC are candidates for eventual inclusion in the “Authorisation List” and therefore compiled in the so called “Candidate List". The Candidate list can be downloaded from the website of the European Chemical Agency (ECHA): http://echa.europa.eu/chem_data/authorisation_process/candidate_list_table_en.asp#downlo ad Dangerous substances, mixtures and articles subjected to restrictions on manufacture, placing on the market and use are listed in Annex XVII to Regulation (EC) No 1907/2006. POULSEN’s et al (2010) concerns in relation to REACH are: - REACH has many good intentions (e.g. burden of proof lies on the producer) but the implementation period is long and procedures (e.g. for substance evaluation, authorisation restrictions) are slow (25 substances/year - 1500-2000 (SVHC) chemicals - 60-80 years). - The data requirements of REACH depend primarily on the amount of substance sold and not on the hazardness of the substances. - REACH implements almost no requirements towards content of chemicals in consumer products. - REACH relies to a large extent on industry self-assessments. Furthermore, the market surveillance of illegal consumer products (because of hazardous chemical substances) should be much more focused on and more intensely to ensure that only safe products are on the market. General Product Safety Directive (GPSD) Final Report 128 31 03 2011
IBO - Environmental and Health related Criteria for Buildings The General Product Safety Directive (GPSD) 101 can be taken as an example to support the criticism concerning the use of weak phrases: The GPSD is intended to ensure a high level of product safety throughout the EU for consumer products that are not covered by specific sector legislation (e.g. cosmetics). It shall protect the consumers from dangerous products. “Dangerous products” means products that are not safe because of their physical shape or because of the content of dangerous chemicals (“products must be safe”). A numerous list of European harmonised standards based on the GPSD has been established. Examples are general safety requirements for outdoor furniture, stationary training equipment, children furniture, soothers for babies and young children. The Directive provides for an alert system (the RAPEX system – rapid exchange of information on dangerous consumer products) between Member States and the Commission. Under certain conditions (e.g. urgency is required or when Decisions are the most effective way of eliminating the risk), the Commission may adopt a formal Decision requiring the Member States to ban the marketing of an unsafe product, to recall it from consumers or to withdraw it from the market. A Decision of this kind is only valid for a maximum of one year. Chemical requirements are neither set in the GPSD nor are they a general feature in the standards related to the GPSD. In the few cases where chemical requirements were specified in the related harmonised standards, only a few chemicals were listed (like certain heavy metals and nitrosamines). Almost all of the related harmonised standards merely refer to the physical safety of the products. Additionally, as the RAPEX notifications show, most of the unsafe products that are withdrawn are withdrawn for physical reasons. Notifications for chemical reasons are mainly made due to the lack of compliance with restrictions on chemical substances e.g. REACH annex XVII (DMF, phthalates, aromatic amines) or because they do not comply with the harmonised standards connected to the GPSD. Only few notifications (if any) are made due to “products must be safe”. This means that loose statements do not seem to work for market surveillance either. It is much easier to handle limit values. Finally, the General Product Safety Directive does not provide an instrument to establish chemical requirements for consumer products other than emergency measures for one year and the instrument to establish standards. This means that only provisional rules can be set by use of the General Product Safety Directive. A committee procedure (comitology) is, however, in place for the process of adopting product specific safety requirements which serve as a basis for mandates and existing (nonmandated) standards connected to the General Product Safety Directive. Restriction Of the use of certain Hazardous Substances (ROHS) Directive The intention of the ROHS 102 Directive is to reduce the content of hazardous substances in waste by e.g. limiting the presence of certain hazardous substances in products (preamble no. 3). (POULSEN et al, 2010). ROHS restricts the use of lead (Pb), mercury (Hg), cadmium (Cd), hexavalent chromium (Cr VI), polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) in electrical 101 Directive 2001/95E/EC on general product safety 102 Directive 2002/95/EC of 27 January, 2003 Final Report 129 31 03 2011
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Environmental and health related criteria for buildings - ANEC

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