The European Commission’s new initiative to phase out “forever chemicals” from consumer products marks a significant shift in the European market, impacting industries across various sectors.
Background
“Forever chemicals”, formally known as per- and polyfluoroalkyl substances (PFAS), are highly valued for their durability and water-repellent qualities, and they are commonly used in high-demand products such as non-stick cookware, water-resistant apparel, cosmetics, and firefighting foams. Nevertheless, PFAS have become increasingly worrisome to EU regulators due to their strong persistence in the environment and their high links to health risks, including but not limited to cancer, hormone disruption, and immune system abnormalities.
The EU’s guidelines
The goal of European Green Deal to reach a “toxic-free environment” is at the heart of this initiative, driving Europe-wide sustainable growth and setting the standard for other global markets. Under the newly established guidelines, the European Commission (the Commission) strives to target the most harmful PFAS for phase-out, specially where safer alternatives are actually available. In doing so, the purpose of the guidelines is to clarify the ‘essential use’ principles and criteria relating to hazardous chemicals in an effort to provide a harmonised approach for regulatory measures where the use of such chemical is deemed non-essential. For manufacturers, this means a gradual shift toward safer and sustainable substitutes that still meet high performance standards.
The criteria for banning these chemicals mainly focus on their:
- Toxicity;
- Environmental persistence; and
- Bioacculumation (i.e. the potential to accumulate in living organisms).
By reducing PFAS use in consumer goods, the EU hopes to meet the demands of consumers and businesses for products that are both effective and safe. By setting high standards the above criteria, the Commission is not only implementing a ban; it is fostering the creation of a single market that rewards companies committed to the upholding of sustainability and innovation. However, it is important to note that the application of this so-called “phasing out” of PFAS, while evidently a forward-moving step, is still heavily cautionary in nature. To be more precise, this means that, despite the harmful nature of PFAS, a full ban is neither a practical nor a possible option, and the Commission encourages for a smooth implementation within the single market. For this reason, it is important to highlight that a balancing exercise ought to be performed by companies between the purpose served by each respective product at hand and the justification for its use for the benefit of society.
In fact, the guidelines provide the following two exceptions to the “phasing-out” of chemicals whose use is considered as being “essential”. Their necessity criteria are the following:
- Health or safety purposes (such as prevention from the transmission of diseases, provision of resources or services that are critical for society’s functioning, installation of energy supply and transport systems, etc.); and
- No acceptable (technically and economically feasible) alternatives.
How does this impact the Cyprus market?
This regulation undoubtedly impacts the Cypriot economy, as sectors such as tourism, retail, agriculture, and even manufacturing are closely linked to the market standards posed by European regulators. Adherence to the adoption of these guidelines could give Cypriot companies a competitive edge by positioning their products in the eco-friendly realm and ensuring that they remain free from harmful chemicals, if not restricted by the aforementioned “essential use” criteria. Such compliance would align with the growing consumer preferences for healthier, sustainable products, allowing companies to meet the market and consumer demands, ultimately increasing their profitability.
For Member States like Cyprus, compliance with these high standards can lead to enhanced marketability of consumer products across Europe, attracting both environmentally conscious consumers and business partners. This approach not only meets the growing demand for eco-friendly products but also aligns with the EU’s broader objectives of promoting a sustainable, circular economy as outlined in the European Commission’s guidelines.
By Ioannis Seferlis
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