November 2005
Compromise 'REACH'ed
On 17th November 2005, MEPs adopted their first reading position on the REACH package for regulating chemicals across the European Union (EU).
The REACH (Registration, Evaluation and Authorisation of Chemicals) directive proposes that synthetic chemicals marketed in everyday objects should be tested for toxicity and abandoned in favour of safer alternatives where possible.
The proposals will completely overhaul EU chemicals safety legislation, and was originally intended to cut the use of deadly chemicals in everyday items such as cleaning products, cosmetics, computers and carpets.
Around 100,000 different substances are registered in the EU. Of these around 30,000 are manufactured or imported in quantities above 1 tonne. However, adequate data on environmental and health effects is only available for a small proportion of these chemicals.
The existing regulatory system has prioritised 140 chemicals of high concern but progress on regulatory action has been slow. In response to this, the European Commission proposed the REACH system:
- All chemicals produced or imported into the EU in quantities above 1 tonne per year would be registered in a central database.
- Chemicals deemed to be of most concern would need an authorisation. This would require industry to gain specific permission for particular uses which have been demonstrated to be safe. Other uses would be prohibited.
- The system would cover both "new" and "existing" substances.
- A European Chemicals Agency would be set up and act as the central point in the REACH system: it will run the databases necessary to operate the system, co-ordinate the in-depth evaluation of suspicious chemicals and run a public database in which consumers and professionals can find hazard information.
According to the European Commission website the aim of REACH is to improve the protection of human health and the environment through the better and earlier identification of the properties of chemical substances by giving greater responsibility to industry to manage the risks from chemicals and to provide safety information on the substances. Manufacturers and importers would be required to gather information on the properties of their substances, which would help them manage them safely, and to register the information in a central database. According to the chemical industry, REACH could end up damaging the European economy because of the associated costs.
After years of wrangling and one of the most intensive lobbying campaigns in the EU's history, the European Parliament voted on the proposals to reach an agreed position. The outcome of the voting was:
- 90% of commercial chemicals would be exempt from full tests
- Expensive toxicity tests were abandoned
- Substances still under research were given a 15-year exemption from REACH to encourage innovation.
Undoubtedly the chemical industry, especially smaller companies, will be pleased the outcome, however the environmentalists, women’s groups and health and consumer organisations will not be so pleased.
The British EU presidency is hoping that the 25 member states would reach a political agreement on REACH by the end of this year. The EU could then finalise the details of its position early in 2006. The European Commission says the law is unlikely to come into force until 2007.
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