APPLiA’s Recommendations on the Methodology for the Identification of Substances of Concern Under the ESPR
Key Messages
The current SoC framework risks creating unworkable information obligations that are not sustained by existing supply-chain data flows, duplicating requirements already addressed through established legislation, and relying on hazard-based concepts without demonstrating their relevance for circular economy objectives. The mere tracking of substances for the sake of tracking is directly contrary to the EU’s simplification agenda.
While APPLiA maintains its fundamental opposition to the SoC concept itself, 1 should the European Commission move forward with its implementation, the recommendations below set out the essential safeguards required. Specifically, APPLiA calls for a targeted approach that:
● Applies One Single Definition Across EU Legislation: Enforce one single definition and common methodology across all EU legislation to prevent diverging scopes, overlapping reporting requirements, unnecessary compliance costs, and internal market fragmentation.
● Limits Substance Inventories to Accessible Information: Restrict reporting strictly to intentionally added substances reasonably accessible to final product manufacturers, explicitly excluding process chemicals and Non-Intentionally Added Substances (NIAS), while applying short, closed, and stable substance lists.
● Builds Exclusively on Established REACH Architecture: Prioritise SoC (a) by relying on the existing REACH2 Candidate List and REACH Article 33 "Once an Article, Always an Article" (O5A) principle, while rejecting reporting obligations for priority components.
● Rejects SoC (b) and SoC (c) Information Requirements: Exclude CLP-based3 hazard classifications, which are designed for substances and chemical mixtures rather than articles, and eliminate irrelevant tracking for POPs4 that are already subject to statutory prohibitions and thresholds.
● Defines SoC (d) on an Appliance-Specific Basis: Establish clear, evidence-based criteria through a European Commission- and JRC-led methodology involving recyclers, defining potential SoC (d) substances on a product-group-specific basis while maintaining harmonisation for standard parts.
● Links Performance Requirements to Circularity, Not Bans: Maintain a strict distinction between circularity metrics and chemical safety, avoid de facto substance restrictions through performance scoring, and require candidate alternatives to be technically qualified, industrially scalable, and commercially available.
● Enforces ESPR Statutory Provisions: Activate Article 38 of the ESPR to mandate upstream supply-chain information flows and strictly enforce the European Commission's statutory duty under Article 7(6)(b) and (c) to evaluate derogations.