Existing Substances
Chemical substances are treated differently in the European
Community depending on when they were introduced on the market.
New substances (introduced after 1981) are required to be
tested and notified before marketing in volumes above 10 kg.
For higher volumes more in-depth testing focussing on long-term
and chronic effects has to be provided. On the basis of the
information, they are assessed on their risks to human health
and the environment. The legal basis is laid out in Directive 67/548/EEC.
However, there are no corresponding requirements for chemicals
that were deemed to be on the European Community market between
1 January 1971 and 18 September 1981 (the existing chemicals)
and listed in the EINECS (European INventory of Existing Commercial chemical Substances).
EINECS is listing about 100.000 existing substances –
counting for about 99 % of the chemicals’ volume on
the market.
In the 1980's a Community Action Programme underlined the
need for a legislative instrument, which would provide a comprehensive
structure for the evaluation of the risks posed by "existing"
chemicals. In particular, the Action Programme stated that
such a legislative instrument "will establish a procedure
for treating priority lists of chemicals for immediate attention,
as well as setting out the means for gathering information,
requiring testing and evaluating the risks to people and the
environment". Consequently, the European Commission proposed
a series of legal instruments, which were aimed at meeting
the objectives outlined in the Action Programme. One of these
instruments was the Existing
Substances Regulation (EEC) 793/93 which was adopted by
the European Council on 23 March 1993 and came into force
on 4 June 1993. It applies to any manufacturer or importer
who produced or imported an existing substance in quantities
exceeding 10 tonnes a year. The Council Regulation foresees
that an evaluation and control of the risks posed by existing
chemicals is carried out in four steps:
The core of the EU's 'Existing Substances Program' is to
ensure better management of risks of existing substances to
man and the environment. Hence, risk assessment reports and
risk reduction strategies create the necessary basis for the
implementation of risk reduction measures.
The Process
of Assessing a Priority Chemical and Developing a Risk
Reduction Strategy under the Existing Substances Regulation
(EEC) 793/93.
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