As part of the Chemicals Strategy for Sustainability, published in late 2020, the European Union committed to phasing out the use of harmful chemicals, “allowing their use only where essential” (FPF reported). These include “substances that cause cancers, gene mutations, affect the reproductive or the endocrine system, or are persistent and bio-accumulative; chemicals affecting the immune, neurological or respiratory systems; and chemicals toxic to a specific organ.” In the intervening years, there have been discussions at many levels over the exact definition and scope essential use should take (FPF reported, also here).
On Earth Day, April 22, 2024, the European Commission announced the adoption of guiding criteria for applying the essential use concept in Europe. The criteria are not legally binding unless incorporated into specific legislation but are a means of providing clarity and uniformity going forward.
At its core, essential use is defined as “necessary for health or safety or is critical for the functioning of society” and at the same time, “there are no acceptable alternatives.” The designation as essential would apply to particular uses, not to a chemical as a whole.
“Securing sufficient and safe food” is an essential use but the Commission stresses that the “necessity of using a most harmful chemical in this way… should be carefully considered because the use itself could generate adverse effects to human health or the environment.”
In a public comment on essential use in 2022, the Food Packaging Forum clarified that food packaging can play a role in enabling food delivery and reducing food waste but also serves other functions, such as enabling globalized business models, marketing, or simply convenience, and thus uses of harmful substances in food packaging and other food contact materials (FCMs) are likely not, per definition, essential (FPF reported). “There is a clear need (i.e. public health benefit) to apply the [essential use concept] for FCMs, especially when considering the wide use of FCMs combined with the currently ongoing and complex uses of harmful substances that can be used to produce them.”
Reference
European Commission (April 22, 2024). “Communication from the Commission: Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals.” (pdf).
European Commission (April 22, 2024). “Commission defines principles on limiting most harmful chemicals to essential uses.”
European Commission (April 22, 2024). “Questions and Answers on essential use chemicals.”
Read more
Keller & Heckman (April 23, 2024). “The European Commission Issues Guidelines on Essential Uses: Internal Pushback Has Been Successful?”
Eline Schaart. (April 23, 2024). “European Commission publishes long-awaited ‘essential use’ criteria definition.” Chemical Watch News & Insight
