BeST has thoroughly assessed and analysed the report prepared by the consultant WSP entitled “Supporting the Commission in developing an essential use concept”.
In its position paper, BeST has highlighted the following key points:
The report confirms that the essential use concept (EUC) is too complex, not fit for purpose and will not contribute to the achievement of the declared objectives of streamlining chemicals legislation and phasing out of most harmful chemicals. A reconsideration of the concept is therefore necessary.
The criteria referenced to determine essentiality, namely essential for health, safety and critical for the functioning of the society, are vague, subjective, and subject to interpretation. The report confirms the overwhelming challenge in identifying clear, consistent, and agreeable essentiality criteria.
The report places disproportionate burden on industry stakeholders to prove essentiality.
The assessment of the safe use of a substance should always be the first step of the process. Where the use of a substance is proven to be safe, the essentiality assessment should be irrelevant.
The detailed position paper is available below