Exemptions for the use of certain chemicals

The Federal Council recently amended the Chemicals Risk Reduction Ordinance. It thus grants relief to the chemical-pharmaceutical industry. According to the Federal Council, a ban on the use of substances of very high concern applies in principle, but temporary exceptions are possible.

The Chemicals Risk Reduction Ordinance (ChemRRV) regulates in Annex 1.17 certain substances of very high concern for which authorization is mandatory in the EU. These substances are generally subject to a ban on use. However, this does not apply to authorizations granted by the European Commission and temporary exemptions granted by the federal authorities on application for certain uses of such substances, such as hexavalent chromium as a catalyst. This is particularly the case if a company cannot do without the use of a substance and if no substitution with a less hazardous substance or another process is possible, according to the Federal Council communication.

In its meeting of April 5, 2023, the Federal Council decided on additional simplifications. It allows the chemical-pharmaceutical industry to use a substance regulated in Annex 1.17 ChemRRV for the manufacture of chemicals, medicinal products and medical devices. The prerequisite is that the substance is used in a closed facility and that it is proven that neither humans nor the environment come into contact with the substance. With this regulation, the Federal Council is fulfilling motion 19.3734 by Council of States member Martin Schmid.

In addition, the Federal Council has added another exception to Annex 1.17 of the ChemRRV: This concerns the use of substances listed in Annex 1.17 ChemRRV for the maintenance of aircraft of the Swiss Air Force, according to the statement.

According to the information provided, these amendments to the ordinance have no impact on the level of protection for health and the environment. They will enter into force on May 1, 2023.

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