Business warned to prepare for EU chemicals "black list"

European businesses are being urged to assess which chemicals they use and attempt to avoid as many potentially hazardous substances as possible, after the European Chemicals Agency last week released its first list of chemicals that could soon be classified as being of very high concern under EU chemicals legislation.

The so-called Candidate List of Substances of Very High Concern features 15 chemicals, including a range of cobalt and arsenic compounds and other toxic and carcinogenic substances.

Under the EU's Registration Evaluation Authorisation and Restriction of Chemicals (REACH) directive which came into effect last year, suppliers of products that contain any of the chemicals featured on the list are legally obliged to provide information on the chemical to their customers alongside a "safety data sheet".

They must also provide information on the chemical to any consumers within 45 days of receiving an information request, while producers or importers of any of the chemicals listed must notify the European Chemicals Agency from 1 December 2011 off any products containing the listed chemicals.

If the chemicals on the Candidate List are then formally authorised as " Substances of Very High Concern", restrictions on their use will become tighter still with companies obliged to substitute them for alternatives or provide comprehensive evidence that no viable alternative is available.

Geert Dancet, at the European Chemicals Agency, advised all companies to take note of the Candidate List. "It is critical they know that the inclusion of the substances in the list generates immediate new legal obligations for the communication in the supply chain," he said.

Speaking to BusinessGreen.com, Trevor Kilner, associate director at green consultancy WSP Environmental, said that any company that used or developed products containing any of the chemicals on the list would be crazy not to look for alternative options.

"What companies need to realise is that this is essentially a black list, and if they can avoid any of these chemicals they would be advised to do so," he said, adding that environmental NGOs were likely to use the legislation to make data requests from those firms they suspect of using these chemicals.

He also warned that the European Chemicals Agency list was committed to expanding the list over time and as such businesses would be advised to assess their entire approach to hazardous chemicals and, where possible, identify safer alternatives before they are legally forced to do so.

It is likely that many companies will remain unaware of the fact that they now face fresh obligations under the REACH directive.

Earlier this year, the then environment minister Phil Woolas, warned large numbers of firms would be affected by the legislation.

"If you think that REACH will only affect big businesses who deal in large quantities of chemical products, then think again," he said. "If you use chemicals to keep your machinery operating and your premises clean, if you import products like cars or batteries, or if you receive substances containing chemicals through a supplier and use them in an unusual way – then it's likely you'll need to take some action under REACH."