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REACH, the Future EU policy for Chemicals

European Conference in EretriaApril 27, 2004

Tony Musu – European Trade Union Technical Bureau/ETUC

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Plan:

1. Current chemicals legislation2. Overview of REACH3. REACH in debate4. ETUC position5. Next steps and Trade Union’s role

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1. Current EU legislation on chemicals

Sept 18, 1981

« Existing » chemicals:

100,000 substances

Regulation 793/93

« New » chemicals:

~2,700 substances

Directive 67/548

Low data requirements

High data requirements

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Drawbacks of the current system:

different regulation for « existing » and « new chemicals » (burden of the past)

risk assessment performed by the regulatory authorities (much too slow)

little or no information on downstream uses of the chemicals

lack of incentives for the replacement of hazardous chemicals by less hazardous ones

Innovation is being stifled

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2. REACH = Registration, Evaluation & Authorisation of

Chemicals

Feb, 2001

White Paper

OBJECTIVES:

• Achieve a high level of protection for human health and the environment

• Promote the efficient functioning of the EU internal market and enhance the competitiveness of the EU chemical industry

Oct, 2003

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Registration:

Chemicals > 1 tonne/year per manufacturerManufacturers/Importers collect and submit data on: Properties (Phys-chem, tox and eco-tox ) Identified uses (CSR) Safe ways on handling the chemicals

European Chemicals Agency will receive the registration dossiers and manage the database

Data required depend on production volume

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Evaluation:

Member States Authorities evaluate individual dossiers2 types of evaluation:

Dossier evaluation (animal testing/compliance) Substance evaluation when a substance may

present a risk to human health or the environment

Results of evaluation: No further action Industry can be asked for more info Substance needs to be regulated further

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Authorisation:For substances of very high concern:

PBTs, vPvBs, CMRs

Authorisation is granted by the Commission if Industry can prove the risk is adequately

controlled Socio-economic benefits > risks

No Authorisation granted if: Use is not considered to be adequately

controlled Benefits are too small compared to risks Suitable substitutes are available

Restrictions: Commission can ban certain uses or certain substances

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Present system REACHGaps in our knowledge

about chemicalsReduce the gap by

providing safety info

« burden on proof » on the authorities

« burden on proof » will be on industry

Notification for ‘new substances’ start at 10

kg/y

Registration for all substances start at 1 t/y

European Chemicals Bureau

Creation of a new Chemicals Agency

Slow/no calendar 30,000 substances to be registered in 11 years

Comparison between the present system and REACH

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3. REACH, the debate:Costs Administrative burden Confidentiality of dataIndustry relocation outside EUJob losses

Duty of CareRight to know, public access to dataBan/substitution of hazardous substancesBenefits to human health and the environment

REACH is a test case for the principles of Sustainable Development

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4. ETUC’s position on REACH: (Executive Committee 17-18 March 2004)

ETUC welcomes the REACH systemETUC strongly supports the principle of shifting the burden of proof from the authorities to industryREACH has the potential to give a strong impulse to existing laws aimed at protecting workers exposed to chemicals REACH should foster innovation in the chemical industry

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ETUC’s position (2)ETUC demands that:

Attention should be paid on compatibility between REACH and the existing Worker protection legislation

The principles of REACH should be recognised worldwide

Workers’ representatives be made members of the future agency

Impacts on employment should be considered Use of clear and simple procedures for SMEs

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ETUC’s position (3)ETUC has raised a number of questions to consider

with a view of improving REACH:

Duty of care for substances out of the REACH scope ?

Enough safety data required in the 1-10 t/y range ? Means of assessing the accuracy of information

provided ? Extension of the authorisation procedure to a wider

range of hazardous chemicals ? Links between REACH and Worker protection

legislation ? Impact on employment, health and EU research

programmes ?

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5. Next steps: Co-decision procedure

(European Parliament/ Council):

2004 2005

Final Draft Regulation adopted by

the Commission (29/10/03)

2006

Italy Ireland

The NL

Luxbg UK2003

EP rapporteur: G. Sacconi

New Parliament = new

rapporteur

Elections in 25

Countries

EP 1st Reading

EP 2nd

Council

Concilation procedure ?

Regulation enters into

force in all 25 MS ?

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Trade Union’s role ?

ETUC Ad hoc REACH WG for discussing further the questions raised in ETUC declaration

3 worker representatives (ETUC/EMCEF/DGB) involved in the Commission REACH impact assessment WG

A conference on REACH will be organised by ETUC (Brussels, December 2004)

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More information:

www.etuc.org/tutb/uk/chemicals.html

www.europa.eu.int/comm/enterprise/chemicals/chempol/bia/index.htm