An evaluation of the proposal to regulate lead in hunting ammunition through the European Union’s REACH regulation

摘要

Despite extensive evidence that exposure to lead from ingested ammunition harms humans and wildlife, and in contravention of European states’ commitments under multilateral environmental agreements to minimize lead emissions, lead in hunting ammunition is still poorly regulated in Europe. The proposed restriction on lead gunshot under the REACH regulation is currently discussed for adoption to protect birds in wetlands from lead poisoning. Based on a subsequent investigation report concluding that additional measures are warranted to control the use of lead ammunition in terrestrial environments, ECHA is preparing a new restriction until October 2020. To help inform this process, we describe REACH management instruments and evaluate the effectiveness and enforceability of different legislative alternatives as well as socio-economic aspects of restricting lead shot in comparison to a total ban. We further discuss how the risks and environmental emissions of lead in rifle bullets can be most effectively controlled by legislative provisions in the future. Among different management tools, restriction was shown to be most effective and appropriate, since imports of lead ammunition would be covered. The partial restriction of lead gunshot limited to wetlands covers only a minor proportion of all lead used in hunting ammunition in the European Union, leaving multiple wildlife species at risk of being poisoned. Moreover, lead shot will be still purchasable throughout the EU. Within Europe, the costs associated with impacts on wildlife, humans and the environment would be considerably lower when switching to alternative gunshot and rifle bullets. We argue that there is sufficient evidence to justify more effective, economic, and practical legislative provisions under REACH, i.e., restricting the use and placing on the market of lead in hunting ammunition. The enforcement would be significantly facilitated and hunters could easier comply. A crucial step is to define a realistic phasing-out period and chemical composition standards for non-lead substitutes while engaging all stakeholders to improve acceptance and allow adaptation. Until the total restriction enters into force, Member States could consider imposing more stringent national measures. A total restriction would reduce wildlife poisoning, harmonize provisions of national and European laws, and foster any efforts to decelerate loss of biodiversity.