The primary objective of the REACH (Registration, Evalua- tion, Authorisation, and Re- striction of Chemicals) Reg- ulation (EC) No 1907/2006 is to protect human health and the environment by ensuring greater safety in the production and use of chemical sub- stances
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,
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.
Risk management of chemical Substances of Very High Concern (SVHC), such as carcinogens, mutagens and toxic for reproduction chemicals, is done through an authorisation process
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of three phases: (1) identification of SVHC; (2) recommendation for inclusion in the Authorisation List and (3) application for authorisation by industry. The European Chemicals Agency (ECHA), Member States, the European Commission and third parties are involved at various stages during the process. SVHCs that are included in the ‘Authorisation List’ (Annex XIV) can only be used after the ‘sunset date’ if authorised by the Commission. One previous example where an authorisation was granted to the aviation industry, due to the absence of alternative chemicals that were fit for this purpose, was in the use of chromium trioxide such as surface treatment to prevent corrosion
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.
Restriction is used as a regulatory risk management tool when a Member State, or ECHA, at the request of the European Commission, are concerned that a certain substance (or a group of) poses an unacceptable risk to human health or the environment. Restrictions can result in limiting or banning the manufacture, placing it on the market or use of a substance. It can also set out specific conditions such as technical measures, emissions or exposure limits, labelling requirements, etc.
Another example of a restricted substance that has impacted the aviation sector is related to PFAS (per- and polyfluoroalkyl substances), which are synthetic chemicals that resist grease, oil, water, and heat
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. Due to these properties, they are found in thousands of consumer products from raincoats to frying pans and are also used to meet safety requirements in modern aircraft (
) and at airports as fire-fighting foams. A study for the European Commission and the European Chemicals Agency found that up to 20 000 tonnes of PFAS containing fire-fighting foams are placed on the general market annually, with an estimated 9% destined for use at airports
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. The scale of soil and groundwater contamination around airports due to use of PFAS has not yet been quantified
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and further assessment is required to identify the scale of PFAS contamination across Europe.
PFAS have been identified as highly problematic chemicals for a number of reasons, including the fact that they remain in the environment for a long time, can contaminate soil and groundwater and are toxic to humans
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,
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. To mitigate the risks of PFAS, five EU Member States submitted a restriction proposal to ECHA in 2023 to limit the use of this group of substances. The ECHA scientific committees are currently evaluating the proposal and will issue their opinion to the European Commission in due time. The impact on aviation will depend on how the restriction will ultimately be implemented by the European Commission.
REACH poses several challenges to the aviation industry due to its complex supply chain, low volume of chemicals, long design and production timelines and complex products, the highly regulated certification processes to ensure safety and aircraft operational longevity. EASA and ECHA have established a partnership to ensure aviation safety while implementing the REACH regulation and provide guidance on the key aspects of the authorisation process in the context of the aviation industry
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.
