ANNEX to the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Chemicals Strategy for Sustainability Towards a Toxic-Free Environment - Hoofdinhoud

Council of the European Union

Brussels, 16 October 2020 (OR. en)

11976/20 ADD 1

ENV 634 CHIMIE 52 COMPET 507 IND 181 PHARM 44 AGRI 361 RECH 405 ECOFIN 945 ECO 46 SOC 624 SAN 364 CONSOM 175 MI 411 ENT 122

COVER NOTE

From: Secretary-General of the European Commission, signed by Ms Martine DEPREZ, Director

date of receipt: 16 October 2020

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

No. Cion doc.: COM(2020) 667 final i

Subject: ANNEX to the COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN

ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Chemicals Strategy for Sustainability Towards a Toxic Free Environment

Delegations will find attached document COM(2020) 667 final i.

Encl.: COM(2020) 667 final i

EUROPEAN COMMISSION

Brussels, 14.10.2020 COM(2020) 667 final i

ANNEX

ANNEX

to the

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL

COMMITTEE AND THE COMMITTEE OF THE REGIONS

Chemicals Strategy for Sustainability Towards a Toxic-Free Environment

{SWD(2020) 225 final} - {SWD(2020) 247 final} - {SWD(2020) 248 final} - {SWD(2020) 249 final} - {SWD(2020) 250 final} - {SWD(2020) 251 final} ACTION PLAN

The measures presented in this action plan, , including legislative proposals and targeted amendments to REACH, will all need to be carried out in line with the better regulation principles and subject to evaluations and impact assessments as appropriate.

Key actions to be taken by the Commission EU legislation Indicative timing Set up a high level roundtable with the purpose 2021 of promoting efficiency and effectiveness of chemicals legislation, boosting development and uptake of innovative safe and sustainable chemicals, and monitoring the impact of the

Strategy’s actions.

Innovating for safe and sustainable EU chemicals

Develop EU safe and sustainable-by-design 2022 criteria for chemicals

Establish an EU-wide safe and sustainable-by 2023 design support network Financial support for the development, As of 2021 commercialisation, deployment and uptake of safe and sustainable-by-design substances, materials and products

Mapping safe and sustainable-by-design skills 2021 mismatches and competence gaps, and make recommendations

Establish Key Performance Indicators to 2021 measure the industrial transition towards the production of safe and sustainable chemicals

Introduce legal requirements on the presence of (Upcoming) Sustainable products 2021-2022 substances of concern in products, including initiative

PFAS, through the initiative on sustainable products

Initiatives and funding to promote the As of 2021 development of green and smart technologies, advanced materials, and innovative business models for the low-carbon and low environmental impact industrial production and use of chemicals

Access to risk finance, in particular for SMEs As of 2021 and start-ups

Make amendments to the EU legislation on Industrial emissions Directive 2021 E industrial emissions to promote the use of safer chemicals by EU industry

Identify key value chains and dependencies As of 2021 where chemicals are important building blocks and engage with stakeholders to increase the

EU’s strategic foresight on chemicals

Promote interregional collaboration along As of 2021 sustainable chemicals value chains, through smart specialisation, to accelerate the development of joint investment projects

Support up- and reskilling of the workforce for As of 2020 the digital and green transition

Stronger EU legal framework to address pressing environmental and health concerns

Roadmap to prioritise carcinogenic, mutagenic REACH (Comitology) 2021 and reprotoxic substances (CMRs), endocrine disruptors, persistent, bioaccumulative and toxic (PBT and very persistent and very bioaccumulative (vPvB) substances , immunotoxicants, neurotoxicants, substances toxic to specific organs and respiratory sensitisers for (group) restrictions under

REACH

Proposals to extend the generic approach to risk REACH Article 68(2) 2022 management to ensure that consumer products do not contain chemicals that cause cancers, Food Contact Materials Regulation 2022 gene mutations, affect the reproductive or the endocrine system, or are persistent and Cosmetic Products Regulation 2022 bioaccumulative and toxic; assess the modalities and timing to extend the same Toy Safety Directive 2022 approach to further chemicals including those affecting the immune, neurological or Legislative route for other consumer respiratory systems and chemicals toxic to a products (e.g. detergents) to be specific organ identified by the impact assessment

Proposal to amend REACH Article 68(2) to REACH 2022 include professional users

Introduce mandatory legal requirements under REACH (Comitology) 2022 the General Product Safety Directive and restrictions in REACH to enhance the safety of children from hazardous chemicals in childcare General Product Safety Directive 2021 articles and other products for children (other than toys)

In the process of the upcoming Strategic Strategic Framework for Health and 2021

Framework for Health and Safety at work, Safety at work define further priorities for addressing workers’ exposure to hazardous substances, including by identifying most harmful substances for which the Commission will propose to set occupational limit following the established consultation process in the area of health and safety at work

In consultation with social partners, strengthen

protection of workers, notably by proposing Chemical Agents Directive, Asbestos

2022

lowering existing occupational limit values for at Work Directive

lead and asbestos as well as establishing a binding limit value for di-isocyanates

Define criteria for essential uses, taking into 2021-22 account the definition of the Montreal Protocol

Proposal to amend the CLP Regulation to CLP Regulation 2021 introduce new hazard classes on endocrine disruptors, PBTs/vPvBs and persistent and mobile substances, and apply them across all legislation

Update information requirements to allow the REACH (Comitology) 2022 identification of endocrine disruptors in relevant legislation, particularly under REACH, Biocidal Products Regulation 2021 legislation on cosmetic products, food contact (Annexes) materials, plant protection products and biocidal products Plant Protection Products Regulation 2021

(Commission Communications)

Food Contact Materials Regulation 2022

Cosmetic Products Regulation 2022

Assess how best and introduce (a) mixture REACH (Comitology) 2022 assessment factor(s) in Annex I of REACH

Introduce or reinforce provisions to take Environmental Quality Standards 2022 account of the combination effects of chemicals Directive/Ground Water Directive in water, food contact materials, food additives, (Annexes) toys, detergents, cosmetics

Food contact materials Regulation 2022

Food additives Commission Regulation 2022 (Comitology)

Detergents Regulation 2022

Toy Safety Directive 2022

Cosmetic Products Regulation 2022

Proposal to amend REACH Article 57 to add REACH 2022 endocrine disruptors, persistent, mobile and toxic (PMT) and very persistent and very mobile (vPvM) substances to the list of substances of very high concern

Proposal to restrict PFAS under REACH for all REACH (Comitology) 2022-24 non-essential uses including in consumer products

Review of the annexes of the Environmental Environmental Quality Standards 2022

Quality Standards Directive and of the Directive/Groundwater Directive

Groundwater Directive to add PFAS where (Annexes) possible as a group

Address the presence of PFAS in food by Food Contaminants Commission 2022 introducing limits in the legislation on food Regulation contaminants (Comitology)

Proposal to revise the legislation on industrial Industrial emissions Directive 2021 emissions and the European Pollutant Release and Transfer Register to address emissions and reporting of PFAS from industrial plants

Proposal to address the emissions of PFAS Sewage Sludge Directive 2023 from the waste stage including through the revision of the legislation on sewage sludge

Proposals under the Stockholm Convention and 2023-2024 the Basel Convention to address PFAS concerns at a global scale

EU-wide approach and financial support for As of 2020 innovative solutions to remediate contamination with PFAS

Simplification and consolidation of the legal framework

Establishment of a ‘One substance, one As of 2021 assessment’ process to coordinate the hazard/risk assessment on chemicals across chemical legislation, through the use of a single

Public Authorities Coordination Tool, an expert group and a Commission coordination mechanism

Horizontal proposal for reallocation of EU 2022 technical and scientific work on chemicals to the EU agencies

Proposal for a founding regulation for the 2023

European Chemicals Agency

Proposal to amend CLP Regulation to give the CLP Regulation 2021

Commission the mandate to initiate harmonised classification

Review of the definition of nanomaterial 2021

Proposal to revise the REACH authorisation REACH 2022 and restriction processes

Establishment of a EU repository of human and 2022 environmental health-based limit values

Establishment of an open platform on chemical 2023 safety data and tools for accessing relevant academic data

Horizontal proposal to remove legislative 2023 obstacles for re-use of data, to streamline the data flow across legislation and to extend the open data and transparency principles from the

EU food safety sector to other pieces of chemical legislation

Proposals to allow EU and national authorities 2023 to commission testing and monitoring of substances as part of the regulatory framework

Development of an indicator framework on 2024 chemicals

Proposal to amend REACH to introduce a REACH 2022

European Audit Capacity

Amend REACH to ensure compliance checks REACH 2022 on all registrations of substances under REACH and to allow for the revocation of registration numbers

Proposal to extend OLAF’s scope of action to 2022 investigations on the circulation of illicit chemical products in the EU

Proposals for implementing acts under the Market Surveillance Regulation 2022-23 Market Surveillance Regulation to set uniform conditions and frequency of checks for certain products

Providing a comprehensive and transparent knowledge base on chemicals

Proposals to revise requirements for registration REACH 2022 in REACH to ensure: the identification of substances with critical hazard properties, including effects on the nervous and immune systems, the move towards grouping approaches, the registration of a sub-set of polymers, information on the overall environmental footprint of chemicals, the obligation of chemical safety reports for substances between 1-10 tonnes

Develop a strategic research and innovation 2022 agenda for chemicals

Fund EU-wide human and environmental As of 2020 (bio)monitoring

Establish an EU Chemical Early Warning and 2023

Action System

Provide a model inspiring chemicals management globally

Initiatives with international organisations and As of 2020 industry to promote the use of the UN GHS internationally

Proposal at the UN GHS level to introduce, 2022-24 adapt or clarify criteria/hazard classes in line with the CLP Regulation

Support, in particular through funding, to build 2020-2022 the capacity of third countries to assess and manage chemicals

Ensure that hazardous chemicals banned in the 2023

European Union are not produced for export including by amending relevant legislation if and as needed.

Promote due diligence in the sustainable 2020-2024 production and use of chemicals in the future initiative on sustainable corporate governance

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