On June 15, 2016, the European Union (E.U.) issued its long-awaited Communication from the Commission to the European Parliament and Council (“Communication”) on endocrine disruptors. The Communication was accompanied by an impact assessment and two draft measures, proposing criteria to identify endocrine disruptors for biocidal products (e.g., hand disinfectants) and plant protection products (PPP) (e.g., agrochemicals, including pesticides). Endocrine disruptors are substances, both natural and chemical, that can alter the functions of the hormonal system and cause adverse effects in people or animals. To become final, the draft measures need to be adopted by the European Commission under relevant procedures, which include engaging Member States and other E.U. institutions. While there will be opportunities for additional comments, many stakeholders remain concerned with the scientific basis for the E.U. regulations, particularly given their potential to significantly disrupt trade across many sectors.

Release of the draft criteria has been anticipated for some time. By way of background, December 2013 was the initial deadline by which the European Commission was supposed to have issued scientific criteria to identify endocrine disruptors to help implement legislation addressing biocidal products and PPPs. Thus, the draft criteria are more than two years late.