ECHA slammed over REACH implementation

The European Chemicals Agency (ECHA) is failing in its mission to ensure that the REACH regime is properly implemented, green groups EEB and ClientEarth said on Thursday in a highly critical report backed by Swedish MEP Carl Schlyter.
The report is based on data released on ECHA's dissemination portal and its classification and labelling (C&L) inventory between late 2011 and March 2012. It shows C&L data on 28 of the 40 substances reviewed was either missing, incomplete or incoherent.
For example, the NGOs found that two firms had classified benzophenone, a chemical used in inks, as toxic to aquatic life with long-lasting effects and causes damage to organs while another only referred to its toxicity to aquatic life but pointed out it was very toxic. One company did not say it posed any risks.
Another finding is that in some cases no information on toxicological studies had been provided in the REACH registration dossiers. And many of the studies submitted were "grey literature" – non peer-reviewed industry or government analyses.
Tatiana Santos of EEB acknowledged that because it was conducted last spring some of the shortcomings highlighted in the assessment may now have been rectified because registration dossiers and C&L information is frequently updated.
What she denounces is the poor quality of the data submitted by companies in the first place. "Industry is required to provide the best available information," she said.
ECHA should not have granted registration numbers to dossiers that did not comply with REACH requirements, say the NGOs. "This means substances for which essential information is missing continue to be marketed and used in the EU."
In a foreword to the report, Mr Schlyter, who is pushing for EU regulatory action on nanomaterials, raised concern over ECHA's alleged failure to properly implement REACH, particularly its "no data, no market" principle.
ECHA's lack of transparency and close links with industry were also criticised in the report. This was also flagged up in a PwC report published by the European Commission's industry and enterprise department earlier this year.
Last week, EU auditors concluded there were "significant shortcomings" regarding ECHA's policy and procedures on conflicts of interest.
"ECHA spends a lot of time with chemicals companies, and rightly so," noted Mr Schlyter. "However, as a public agency its 'primary' client is society at large."
In a statement, ECHA said it shared some of the concerns highlighted in the report. "However, the agency refutes some of the comments made, in particular on independence and transparency of decision making," it added.
Hubert Mandery, head of chemical industry association Cefic, said: "The assessment of whether or not REACH works is in the hands of EU authorities, who have the oversight and relevant information. If there are shortcomings on the industry side, they need to be sorted out, because we want to make REACH work."

Follow Up:

NGOs' report on REACH implementation