How chemicals policy can deliver benefits to the environment, consumers and a competitive digital sector in Europe

DIGITALEUROPE is committed to the responsible management of
chemicals throughout their lifecycle, ensuring that the health of both people and the environment is protected from hazardous substances.
We support the transition to PFAS-free electronics where feasible, and the substitution of substances that pose significant environmental or health risks.

Digital products rely on small amounts of chemicals to enhance functionality,
reliability and safety. By themselves, these substances can sometimes have
hazardous properties. These substances are typically contained within
products, minimising exposure risks. Adherence to EU waste regulations
ensures safe disposal.1 Continuous monitoring and investment in safer
alternatives are vital to reducing hazardous substances and protecting health and the environment.

Whilst the existing EU chemical framework – for the registration, evaluation,
authorisation and restriction of chemicals (REACH) and on the restriction of
hazardous substances (RoHS) – has generally been effective in managing
chemical risks in electrical and electronic products, challenges remain.

To further enhance the effectiveness of EU chemicals legislation, DIGITALEUROPE proposes several key recommendations:

• Proportionality and enforceability: Electronic products often contain
  over a thousand individual components, making compliance with highly stringent restrictions (down to parts per million or billion levels) difficult and impractical. Restrictions on minute quantities of substances should be proportionate to the actual risk they pose, particularly when their use is proven to be safe.
• Substitution takes time: The development and implementation of
  safer alternatives for restricted substances cannot always happen
  immediately. For some critical applications, drop-in alternatives may not yet be available, and thus continued use should be allowed until suitable replacements are found. Prioritising the substitution of substances based on their application risk and complexity ensures that the most significant risks are addressed first.
• Strengthening REACH and RoHS: REACH and RoHS are internationally recognised and provide clear guidelines for substance
  restriction and supply chain communication. They should continue to be used as primary instruments for managing substances in electronics.
  Placing substances to be restricted on the SVHC candidate list early in
  the restriction process would enhance data collection and supply chain cooperation.
• Supporting the circular economy: To promote the circular economy,
  products should be allowed to be repaired or reused using materials
  that were permitted when they were originally placed on the market.
  This principle ensures the longevity and sustainability of products whilst reducing waste. Exemptions for re-used and refurbished products from new substance restrictions should be consistently applied across EU chemical legislation.
• Scientific foundation for policy: Sound scientific and toxicological
  principles should underpin all chemicals regulation. Legislation should
  be based on thorough risk assessments, considering both exposure
  and hazard properties, to ensure policies are balanced and effective.

Through these improvements, the regulatory environment can continue to
protect health and the environment whilst ensuring further competitiveness and sustainable growth of the EU’s digital sector.