>> Check also the Q&A document on the opinions of RAC and SEAC <<
1. Have you considered the effect of the proposed restriction on supply of lead ammunition for non-civilian (military) uses?
The restriction proposal does not cover military or other non-civilian uses of lead ammunition, such as use by police and customs forces. Nevertheless, comments received in the consultations indicate that there could be indirect impacts on the supply of lead ammunition for these uses. This is because lead ammunition production lines are reported to be shared between civilian and non-civilian uses, and civilian production lines capable of producing lead ammunition need to be available in case of sudden increases in demand (e.g. a conflict situation).
This aspect has been analysed by SEAC. It concluded that the proposed restriction is not expected to have an impact on the production of ammunition for military and other non-civilian uses.
Ammunition manufacturers already supply both non-lead and lead ammunition. The restriction would allow production lines for civilian uses of lead ammunition to continue, as, under the conditions of the proposed restriction, sports shooting with bullets (with an annual use volume of 42 000 tonnes) can continue. It can be expected that production of lead bullets will still be economically viable. The decrease in demand for lead bullets for hunting (with an annual use volume of 134 tonnes) will only lead to a small – if any – loss in profits generated from these lines.
Therefore, any surge in defence orders in times of crisis could be accommodated based on existing lines, and supply to the military would not be affected by the proposed restriction.
It should be noted that this conclusion is based on the assumption that the implementation of the proposed restriction will not cause a significant decrease in the volume of lead used for bullets in sports shooting.
It should also be noted that EU Member States may allow exemptions, when necessary, in the interest of national defence. This is based on Article 2(3) of the REACH Regulation, which states: “Member States may allow for exemptions from this Regulation in specific cases for certain substances, on their own, in a preparation or in an article, where necessary in the interests of defence.”
2. Are there alternatives to lead? What are those alternatives?
Many EU Member States, or regions within Member States, already have bans for certain kinds of ammunition in place. Experience from those countries has shown that hunters and sports shooters have been able to adapt to using alternatives without significant problems in relation to ricochet or safety. Lead-free alternatives are also available for fishing tackle.
Steel gunshot
The effectiveness of steel gunshot has improved significantly since its introduction. Field studies have shown that hunters using steel gunshot can achieve the same results as with lead gunshot. The effective shooting distance for modern steel gunshot is consistent with the typical range used for hunting. For some larger species of birds, such as geese, shotguns compatible with ‘high-performance’ steel cartridges might be required.
Available evidence and experience from countries where restrictions on lead ammunition are already in place show that steel gunshot can also be used in clay target shooting.
Research shows that ricochet occurs when both steel and lead gunshot are used. Experience from Denmark, as well as research from Germany, indicates that there is no increase in the risk of accidents or injuries from ricochet when using steel gunshot compared to lead.
Current prices for steel and lead gunshot are comparable.
Bismuth and tungsten gunshot
Bismuth or tungsten-based gunshot can also be used as alternatives to lead gunshot. They can be used in any shotgun, including vintage shotguns that may not be suitable for use with steel gunshot.
Bismuth and tungsten-based gunshot cartridges are currently about four to five times more expensive than lead gunshot cartridges. They are also likely to remain more expensive than lead (and steel) gunshot cartridges as they are produced, sold and used in far lower volumes.
Rifle ammunition
Non-lead rifle ammunition is available on the European market in a wide range of calibres suitable for most European hunting situations. At least 13 major European companies make non-lead bullets for different rifle calibres.
Studies show that the effectiveness of non-lead bullets in large calibres is the same as for lead bullets and that ethical hunting can be ensured with lead-free alternatives.
Even though non-lead alternatives exist, are being used and are commercially available throughout the EU for many uses, lead is currently difficult to replace in a number of applications, such as in rimfire ammunition (specifically .22 LR), airgun ammunition, ammunition for muzzle loading rifles, and certain non-expanding ammunition used for hunting (including full metal jacket and open tip match bullets). Therefore, the proposed restriction suggests a review of the technical feasibility of small calibre lead bullets before the ban on use in hunting enters into force and derogations for using lead in bullets for seal hunting and in full metal jacket bullets for hunting - where these uses are allowed by Member States.
Fishing sinkers and lures
Multiple alternatives are also available to lead sinkers and lures, such as those made with tin, tungsten, glass or various alloys.
3. If the restriction is adopted, will hunters need to replace their weapons?
In the majority of cases, no. The available evidence, including from major shotgun manufacturers, suggests that the majority of existing shotguns will not need to be replaced. Standard steel shot can be used in most standard proofed shotguns. More energy per pellet is needed to hunt geese and birds of a similar or larger size, and this may require the use of ‘high-performance’ steel gunshot cartridges. Unless marked with ‘fleur-de-lis’, it is recommended to check with a gunsmith whether a shotgun is compatible with high-performance steel gunshot cartridges. Bismuth and tungsten loads can be used in any shotgun.
Individual hunters might have to invest in new equipment, although many hunters already own at least one shotgun that is suitable to use standard steel shot.
Information from manufacturers and guidance from hunting associations have shown that hunters who want to switch to large calibre non-lead rifle ammunition do not need to purchase new guns. For small calibres, a switch to non-lead rifle ammunition may require replacing some guns or gun barrels to ensure a compatible ‘twist rate’, which is important for bullets to stay stable in-flight.
4. What are the costs for hunters to switch from lead ammunition to non-lead ammunition?
According to available information, the extra cost for an individual hunter is less than EUR 30 per year for hunting with gunshot and less than EUR 10 per year for hunting with small or large calibre ammunition. These estimates include costs of switching to alternative ammunition and, where necessary, costs of testing, modification and premature replacement of guns.
5. What are the expected effects of the proposed restriction on hunting activity in general?
There could be a short-term drop in hunting activities as a result of the restriction, as hunters need to change their shooting practice and train with non-lead ammunition. SEAC reached this conclusion based on experience from the implementation of existing national regulations in place for lead ammunition.
6. You mention that about one million children are vulnerable to the toxic effects of lead through eating game meat. How did you conclude that figure?
The figure is based on the number of hunters, the average household size and the share of the population aged seven or younger in the EU.
According to national statistics on hunters, there are around six million hunters in the EU. The average household size is 2.3 (Eurostat). Therefore, there are around 13.8 million people in hunter families. The share of the population aged seven or younger is approximately 8 % (Eurostat). Assuming there is an equal age distribution in hunter families as in the general EU population, ECHA concluded that about 1.1 million children aged seven or younger are particularly vulnerable to lead exposure through game meat (8 % of 13.8 million).
More information about the calculation can be found in the draft Background Document (pages 217-218).
7. What do you mean by saying that 'one million children are vulnerable to the toxic effects of lead'?
Exposure to lead happens when people eat game meat hunted with lead ammunition. The highest amounts of game meat are consumed by hunters and their families. ECHA has estimated that around one million children aged seven or younger live in hunter households in the EU and are therefore vulnerable to neurological damage as a result of their exposure to lead.
The amount of game meat that children in hunter families consume is based on data from 25 food recall surveys provided by EFSA that involved a total of 135 children. From these data, ECHA calculated that a toddler in a hunter family might consume more than 200 g of game meat per week while infants (from six months to one year) might consume up to 100 g. Babies might also be exposed to lead through breast milk if their mothers eat game meat.
RAC evaluated the data from EFSA and the consumption rates calculated by ECHA, as well as other assumptions on game meat consumption submitted in the consultation by stakeholders. RAC concluded that the EFSA data were reliable and that ECHA’s assumptions on intake were reasonable and appropriate for risk assessment of hunter families. RAC concluded that the suggested intake rates proposed by stakeholders were not representative of hunter families and were, therefore, not suitable for risk assessment.
Considering the amount of game meat consumed by children in hunter families and the content of lead in game meat, ECHA calculated that up to 6 % of the children in hunter families will lose more than one IQ point due to the exposure to lead. Detailed information can be found in the draft Background Document (pages 320-324).
8. When preparing game meat hunted with lead ammunition, why is it not enough to cut around the wound channel and remove the lead?
Game hunted with lead ammunition can contain microscopic fragments of lead, which cannot be removed. Concentrations of lead are greatest immediately surrounding the wound channel but can also be detected in a radius of up to 30 cm from the wound depending on the bullet type, resistance and velocity upon impact. The practice of ‘cutting away’ or removing visible lead fragments is not sufficient to remove all the lead.
Based on the assessment of EFSA’s data and the scientific literature, RAC concluded in line with ECHA (as the dossier submitter) that there is a moderate to high risk for infants and toddlers in hunter families that eat game meat hunted with lead ammunition. Risk of harm to the development of an unborn child’s nervous system during pregnancy is also considered relevant, since there is no safe threshold for the developmental neurotoxicity of lead. For adults, ECHA and RAC concluded that the risks from eating game meat are likely to be low.
RAC evaluated the representativeness and reliability of EFSA’s data as part of their scientific evaluation of the proposal and considered they provided the most comprehensive information available for the assessment. RAC noted that EFSA's dataset is likely to underestimate lead concentrations in small game meat and this may result in an underestimation of the total health impacts in children.
RAC also evaluated the influence of a small number of samples in EFSA's dataset for large game with very high lead concentrations, which stakeholders considered to be unrealistic. RAC agreed that as the risk assessment used the ‘distribution’ of all of the available data, rather than the mean value of the data, the conclusions of the risk assessment were not influenced by these high values and the conclusions of the assessment would not change if the high values were excluded. RAC agreed that the conclusions were also robust when different assumptions about the amount of game meat consumed by children and adults were made.
Several food agencies in EU Member States already advise their citizens to eat game hunted with lead in moderation. For example, the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) advises the general public not to eat game killed with lead ammunition more than three times a year and that children and pregnant women should not eat game meat hunted with lead ammunition at all.
9. What are the measures proposed for shooting ranges to manage the risks of lead and to allow continued use of lead bullets?
The proposal allows shooting with lead bullets and air rifles to continue when the shooting range is equipped with minimum standard risk management measures including trap chambers or ‘best practice’ sand traps. The range location would also need to be notified to the national authorities and have no agricultural uses within the boundary of the site. Minimum standard risk management measures would have to be in place five years after the restriction enters into force.
A trap chamber is normally made of metal and is a fully enclosed structure preventing any lead emissions to soil. ‘Best practice’ sand traps have a roof and a water impermeable barrier between the base of the sand trap and the underlying ground to protect the soil, combined with a water management system for the containment, monitoring and, where necessary, treatment of run-off water or site drainage.
The conditions proposed have been evaluated by RAC to be effective in minimising the risks of lead pollution.
10. What are the expected impacts of the proposed risk management measures on the availability of shooting ranges?
SEAC considers that the need to upgrade the risk management measures at shooting ranges, and the impacts of such upgrading, may differ from region to region depending on existing regulations and standards already in place. For example, the existing rules in Germany seem to fulfill the standards of the proposed restriction to a large extent. However, shooting ranges in other regions, e.g. in the Nordic countries, could be more affected. It should be noted that the proposed restriction has a five-year transition period, which the committee considers appropriate for allowing shooting ranges to implement the required risk management measures.
Military ranges (those used by military only) are not included in the restriction proposal. However, local civilian ranges used by reserve soldiers to train are in scope and would need to fulfill the requirements.
In the interest of defence, individual Member States may use REACH Article 2(3) to exempt the activity from the scope of the proposed restriction. This article states: “Member States may allow for exemptions from this Regulation in specific cases for certain substances, on their own, in a preparation or in an article, where necessary in the interests of defence.”
11. How can lead on outdoor shooting ranges contaminate groundwater?
Metallic lead can dissolve in water, e.g. during rain. The reaction is more severe if the water is acidic or low on minerals. Once dissolved, metal compounds can be transported from one location to another and, eventually, contaminate groundwater.
Dissolved lead is also bioavailable meaning that it can easily be absorbed by wildlife resulting in adverse effects. Dissolution of lead is similar to how table salt (sodium chloride) dissolves in water: When sodium and chlorine are ionised in water, the salt is no longer solid.
12. Can REACH restrictions apply to consumers?
It is possible for the REACH Regulation to limit uses of substances and mixtures by consumers. There are several examples of existing restrictions that impact consumer uses:
- The discharge and carrying of lead gunshot in and around wetlands are restricted from February 2023 (entry 63 of the list of substances restricted under REACH).
- Lead carbonate and sulphates must not be used in paint (entries 16 and 17)
- Carcinogenic, mutagenic, reprotoxic substances must not be used in mixtures for supply to the general public. This example is similar to the situation in the proposed restriction where lead ammunition may be placed on the market legally but there are restrictions on its use (entries 28 to 30).
- Nonylphenol and nonylphenol ethoxylates must not be used as substances or in mixtures for e.g. domestic cleaning (entry 46).
