Questions & Answers
One of the requirements in the ESRS E2 Pollution Standard is to describe the phase-out of substances of very high concern (SVHCs). How can undertakings identify SVHCs that are to be phased out?
- Substances of very high concern
- SVHCs
Background
Disclosure Requirement E2-1 mandates that the undertaking disclose how its policies address the substitution and minimisation of substances of concern (SoC) as well as the phase-out of substances of very high concern (SVHCs) within its own operations and throughout its supply chain.
The main goal of the EU policies regarding SVHCs is to ensure a high level of protection for human health and the environment by phasing them out where possible.
As explained in Annex II to Commission Delegated Regulation (EU) 2023/2772, Substances of Very High Concern (SVHCs) are those that meet the criteria laid down in Article 57 of Regulation (EC) No 1907/2006 (REACH) and that were identified in accordance with Article 59 (1) of that Regulation.
The European Chemical Agency (ECHA) website includes a public registry for intentions, which lists the intentions and Annex XV restriction proposals received by the ECHA. Once an Annex XV SVHC dossier has been prepared and the scientific evidence for identifying a substance as a SVHC has been outlined, a consultation of the Member States and interested parties is required, as specified in Article 59 of REACH. Further details on this consultation process are available on the ECHA website at http://echa.europa.eu/proposals-to-identify-substances-of-very-high-concern.
At the end of the process laid down in Article 59 of REACH, the substance may be included in the Candidate List – which is the list relevant for the identification of SVHCs (please see ID 301).
As the inclusion of substances in the Candidate List results in a number of immediate legal obligations on listing substances on their own, in mixtures and in articles, it is an indication that these substances are of concern to authorities and that they might be prioritised for further regulation.
Answer
The requirement in ESRS E2 paragraph 15 (b) is to indicate whether and how the undertaking’s policy aligns with the public policy objectives of phasing out SVHCs as outlined in REACH and in line with the ambitions of the Chemicals Strategy for Sustainability.
To identify SVHCs, undertakings consult the Candidate List of Substances of Very High Concern managed by the European Chemicals Agency pursuant to Article 59 (10) of Regulation (EC) No 1907/2006 (REACH). The Candidate List is provided by the ECHA on its official website and can be directly consulted by undertakings for information purposes.
Please refer also to explanations ID 226 and ID 301 for further information on Substances of (Very High) Concern.
Relations
Paragraph | Content |
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substituting and minimising the use of substances of concern, and phasing out substances of very high concern, in particular for non-essential societal use and in consumer products; and | |
With regard to “substances of concern”, this standard covers the undertaking’s production, use and/or distribution and commercialisation of substances of concern, including substances of very high concern. Disclosure Requirements on substances of concern aim at providing users with an understanding of actual or potential impacts related to such substances, also taking account of possible restrictions on their use and/or distribution and commercialisation. | |
substituting and minimising the use of substances of concern, and phasing out substances of very high concern, in particular for non-essential societal use and in consumer products; and | |
With regard to “substances of concern”, this standard covers the undertaking’s production, use and/or distribution and commercialisation of substances of concern, including substances of very high concern. Disclosure Requirements on substances of concern aim at providing users with an understanding of actual or potential impacts related to such substances, also taking account of possible restrictions on their use and/or distribution and commercialisation. | |
With regard to “substances of concern”, this standard covers the undertaking’s production, use and/or distribution and commercialisation of substances of concern, including substances of very high concern. Disclosure Requirements on substances of concern aim at providing users with an understanding of actual or potential impacts related to such substances, also taking account of possible restrictions on their use and/or distribution and commercialisation. | |
substituting and minimising the use of substances of concern, and phasing out substances of very high concern, in particular for non-essential societal use and in consumer products; and |