AlAfghani, MM and Paramita D, Polychlorinated Biphenyls (PCBs) Phasing-Out Regulation in Indonesia, Final Report. All rights reserved.
There are also different definitions regarding chemical substances and chemical mixtures.
A chemical mixture means a mixture or solution composed of two or more substances. A chemical mixture consists of substances that do not chemically react with each other. An example is the substances contained in a can of paint which comprises of different substances, such as pigments, solvents, preservatives, etc.55 Some examples of the mixture under REACH among others are paints, varnishes and inks56.
Substance is defined as “a chemical element and its compounds” 57. The term substance includes “substance obtained by a manufacturing process (e.g. formaldhyde or methanol) and substance in their natural state”. The term substance is also incorporate its additives and impurities where these are part of manufacturing process but it excludes any solvent that can be separated without affecting the substance’s stability or changing its composition.58
The EU Regulation on Classification, Labeling and Packaging of Substance defines the term substance as a “chemical elementand its compounds in the natural state or obtainedby any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition”59. In this regard, the definition of substance refers to the chemicals that are used in practiceand occur in the market.60 These may include synthesized chemicals, substances of natural origin (e.g crude oil, minerals or plant material), and pure metals. Basically, the starting point is an element or chemical compound. Nevertheless, the substance may contain various additives that are necessary for the substance to remain stable. According to the Swedish Chemicals Agency (KEMI) impurities are not considered as separate substances within the meaning of chemical legislation but form part of the chemical substance.61 KEMI notes that since the definition is relatively open, it may cause problems in their applications, especially when the rules are formulated so that it is necessary to determine whether two chemicals are – under the legal definition – “identical”, i.e. considered as the same substance in the legislation.
58 ‘Rules on Chemicals in the Life-Cycle of Articles – a Legal Analysis’ (n 38).
59 Regulation (EC) No 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures, Amending and Repealing Directives 67/548/EEC and 1999/45/EC, and Amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
60 ‘Rules on Chemicals in the Life-Cycle of Articles – a Legal Analysis’ (n 38).