The European construction and recycling industries are at a pivotal moment as authorities review the classification of recovered aggregates under REACH Regulation. At the 52nd CARACAL meeting in July 2024, discussions centred on whether these materials should remain classified as articles or be redefined as substances or mixtures. Fieldfisher, representing industry interests, argues that maintaining their status as articles is essential for advancing circular economy initiatives. Read the full report to understand the potential impact on the future of sustainable construction.
Recovered Aggregates and REACH
Recovered aggregates are produced through the mechanical processing of construction and demolition waste (CDW), including concrete, bricks, and asphalt. These materials are integral to construction, providing environmentally friendly options for various applications. Yet, their regulatory status under REACH Regulation (1907/2006) is now under review, potentially threatening their contribution to a greener economy.
Key Discussions at the CARACAL Meeting
In July 2024, during the 52nd CARACAL meeting, the ECHA’s Borderline Working Group (BWG) proposed revisiting the classification of recovered aggregates, suggesting they may need to be treated as substances or mixtures rather than articles. At present, their classification as articles exempts them from certain registration requirements under REACH. Fieldfisher, on behalf of European manufacturers, asserts that this shift would hamper efforts to meet EU circular economy goals. To delve deeper into the legal and environmental implications, the full report offers detailed insights.
Fieldfisher’s Argument: Why Recovered Aggregates Must Remain Articles
Fieldfisher’s comprehensive analysis maintains that recovered aggregates fit the definition of articles under REACH. Article 3(3) of REACH stipulates that an object’s shape, surface, and design determine its function more than its chemical composition. The unique shape and surface properties of recovered aggregates enable them to perform critical functions, such as interlocking, which are essential for their role in construction.
Reclassifying these materials as substances or mixtures would impose costly and time-consuming compliance measures on manufacturers. Fieldfisher warns that such a change would not only increase operational expenses but also discourage recycling, pushing the industry towards primary raw materials. For an in-depth look at the costs involved and their potential impact on sustainability, explore the full report.
Circular Economy and Green Deal at Risk
The reclassification of recovered aggregates could significantly undermine the objectives of the European Green Deal and the Circular Economy Initiative. These materials are vital in reducing landfill usage and promoting the reuse of resources, thereby lowering the carbon footprint of construction. By making recycling less economically viable, mandatory registration could inadvertently encourage the use of non-recycled raw materials, counteracting the environmental goals set out in these initiatives.
For a more comprehensive analysis of how this could impact the European Green Deal and construction practices, the full report is an essential read.
Urgent Need for Regulatory Certainty
Fieldfisher, backed by industry representatives, is calling for clear and consistent regulations to keep recovered aggregates classified as articles under REACH. This decision is pivotal for supporting the circular economy, reducing waste, and ensuring that the construction industry can continue to innovate sustainably. The full report provides a detailed breakdown of the legal, economic, and environmental factors at play—don’t miss the chance to read it and understand what’s at stake.
