Back in 2017, we shared some juicy updates on the EU’s newly proposed criteria to identify endocrine-disrupting chemicals (EDCs). But what has happened since then?
Spoiler alert: The Commission is (still) as slow as molasses, and the chemical lobby can gloat as essential public health protections continue to be delayed.
Endocrine-Disrupting Chemicals: A Refresher
Endocrine-disrupting chemicals, or hormone disruptors, interfere with our bodies’ hormones. They started to draw the attention of ecologists in the 1940s, and since then, the list of all their possible impacts have drastically increased. EDCs have been linked to certain cancers, metabolism problems, and obesity, among other health impacts. And exposure to EDCs can have particularly severe effects on pregnant women, unborn babies, and children.
The Endocrine Disruption Exchange, a non-profit research institute, has already listed over 1,400 chemicals as potential EDCs. In the absence of regulation, the chemical industry still uses these chemicals in a wide array of products, from toothpaste to game controllers. With the chemical industry’s value projected to double by 2030, more and more EDCs will enter the market in the coming years.
And the EU’s regulations on EDCs leave much to be desired. EU law only regulates chemicals as single substances and doesn’t consider the impacts created by the “cocktail effect” of chemicals. But in real life, we’re exposed to thousands of chemicals from different products, and their combined exposure could lead to unexpected and serious health effects (even if each individual chemical is below “safe” limits).
What Has the EU Commission Done on EDCs?
Another spoiler alert: too little, too late.
Here’s a quick recap:
In 1999, the European Commission adopted a community strategy aimed at promoting research, communicating with the public, taking policy action, and reinforcing international cooperation on EDCs. In total, 200 million euros have been allocated to research on EDCs in the EU. In the meantime, scientists have agreed on the danger of these chemicals and the need to act — enough reason for the Commission to take concrete action on this issue.
Indeed, the Commission, the only EU body with the right to propose legislation (known as the right of initiative), was supposed to adopt criteria to identify EDCs in the EU’s regulations on biocides and pesticides by 2013. But it only complied with its obligations in 2018, after a dramatic show of public concern about EDCs by the EU Parliament and after being condemned by the General Court of the EU for abusively delaying the process.
Moreover, according to the EU’s 7th Environment Action Programme (EAP), the Commission was supposed to identify EDCs in a cross-sectoral way that is applicable to all EU laws that regulate EDCs, across industries and types of products. However, it has failed to do so. The result? EDCs are still unregulated and present in food contact materials, cosmetics, toys, and so many other products we use daily, leaving the EU population widely exposed.
Under the REACH regulation, the main EU regulatory framework on chemicals, EDCs can be considered substances of very high concern on a case-by-case basis, but the regulation does not provide specific criteria to identify them. While the regulation requires companies to register chemical substances before putting them on the market, studies have shown that the quality of registration dossiers is very poor. As a result, many EDCs are registered under REACH without being identified as such and can therefore legally enter the EU market with no incentive for safer replacement.
Obstruction by the Chemical Lobby
But why is the Commission dragging its feet? A 2015 report showed how the chemical and pesticide lobbies were behind the lack of regulatory action. Even scientists have taken a stand in calling to end the manipulation of science by the chemical industry, which has manufactured doubt using the same strategies employed by the tobacco industry.
What Now?
In 2017, the Commission committed to take action and work on a new EDC strategy, and in 2018, it launched a public consultation: “Towards a more comprehensive EU framework on endocrine disruptors.” Did this finally lead to action? Once again, it didn’t.
It was followed the same year by a simple “communication” on EDCs with no action plan, timelines, or budget and ultimately, no new strategy. Instead of making recommendations for legislation to control and identify EDCs across all EU laws, this communication postpones it again.
Just last month, the Commission released a fitness check roadmap. A fitness check is a policy evaluation in order to find gaps, inconsistencies, and/or obsolete measures in the legislation. After a long wait, it could be the first step to eventually fill the numerous gaps in EU legislation on EDCs.
Nevertheless, nothing is set in stone, especially a non-binding roadmap, so there’s no guarantee that the Commission will swiftly amend the EU legislation to protect people’s health from EDC exposure. And while the Commission further delays the course of action, Europeans continue to suffer from health impacts that could have been prevented, and the EU loses 163 billion euros a year in health costs related to EDCs.
Pressure from Within: Time for the EU to Take Action on EDCs
It’s not just the European public that’s losing patience. The European Parliament has also called on the EU Commission to finally act. In an April 2019 resolution, it asked the Commission to adopt a definition of EDCs based on the World Health Organization’s International programme on Chemical Safety’s 2002 definition. It also called for new legislation to treat both EDCs and other chemical substances known to cause cancer, mutations, and toxicity to reproduction the same way in the EU legislation, due to their equivalent level of concern.
On June 26, EU Environment Ministers also endorsed the calls by Parliament and civil society urging the Commission to address concerns over EDCs, noting that the Commission hasn’t fully delivered on its commitments in the 7th EAP.
Fortunately, while the Commission was stalling, many cities and EU countries have already decided to protect their citizens and the environment by banning certain known or potential EDCs. For instance, France has developed a National Strategy on Endocrine Disruptors from 2014 on, and some cities have decided to go EDC-free, such as Estrela in Portugal. But still, there is a long way to go to ensure equal protection against EDCs for all EU residents.
As a new team of EU Commissioners enters office this November, there is an opportunity for a fresh start on how the Commission approaches EDCs. The current course of events shows that it is now vital for our wellbeing and the environment that the Commission follow its overdue commitments and propose horizontal criteria to identify EDCs across all EU legislation to minimize or, better, eliminate exposure. Doing so would make the EU the first region in the world to effectively tackle EDCs head-on.
By Corentin David, Geneva-based intern
Originally posted on August 5, 2019