5 February 2013 – For immediate
release
[Brussels, 5 February 2013] A review done by
the European Commission of the EU’s principal chemicals regulation (REACH),
released today after 8 months delay, has received a critical reception from the
European Environmental Bureau (EEB). Five outstanding problems (1) were expected
to be examined under the REACH review. Of these, two were simply postponed and
despite problems being highlighted in all the other three, no action is proposed
to start resolving them.
The Commission
review contains only a limited assessment of the European Chemicals Agency´s
(ECHA) functioning, focusing only on its effectiveness, efficiency and
economy. It does not take into account major concerns about the Agency’s
progress in achieving REACH´s main goals, as well as its commitment to its own
stated values of transparency, independence, trustworthiness and to well-being,
as identified in the NGO report “Identifying the bottlenecks in REACH
implementation; The role of ECHA in REACH’s failing
implementation.”(2).
“It is deeply
worrying that the Commission decided to measure ECHA’s effectiveness by the
number of papers shuffled, rather than by the number of dangerous carcinogenic
substances taken off the EU market”, said Tatiana Santos Senior Policy
Officer for Chemicals and Nanotechnology at the European Environmental
Bureau.
Despite the fact that the Commission has
itself acknowledged in the review (3) the poor quality of the data submitted by
chemical companies under REACH, it has failed to propose any measures to address
this through more demanding registration dossier compliance measures. The EEB
also condemns the EC’s failure to promote the substitution of hazardous
chemicals and green chemistry as a driver of innovation and a way out of the
economic crisis.
With this review, the
Commission could have increased
the requirements for the registration of
substances produced in quantities
between 1 and 10 tonnes per year by compelling companies to submit
a Chemical
Safety Report (CSR)(4) to
register it. However, the Commission, based on
“insufficient information on the impact
on innovation and competitiveness” has
decided to postpone the decision until 2015.
“Perilously little is known about the effects of
nanomaterials. As these are manufactured at such low volumes that risk
assessments are not required for them, they are simply unregulated”,
states Santos. “The Commission missed a golden opportunity here to
properly address nanomaterials through the REACH Regulation”.
Reviewing REACH
implementation, the
Commission proposes applying an additional ‘risk based approach’ to identifying
substances of very high concern (SVHCs, the list of the most hazardous chemicals
in Europe). This is in violation of the rules of REACH and will further slow
down the process of identifying dangerous substances to which citizens are
exposed.
“There are still just 138 very hazardous substances identified,
far too few. In reality there are 1,000 to 1,500 on the market” states
Tatiana Santos. She added “The Commission intended to include all of them
in the candidate list by 2020, yet at this pace we will have to wait until 2060
to see a comprehensive list”
A key aspect of the review was whether or
not the scope of REACH should be adapted to avoid overlaps with other
relevant EU provisions. In the event, the Commission merely “invites ECHA to
change guidance [to companies], if appropriate”. The EEB encourages
the Commission to consider how information generated by REACH
should be effectively used to inform other pieces of legislation such as the
Water Framework Directive.
Finally, the EEB supports the Commission’s efforts to relieve SMEs of
unnecessary administrative burden but only on the strict condition that they do
not undermine the REACH goals of protecting of health, the environment and
transparency.
ENDS
Notes:
(1)
In accordance with REACH, the
Commission must report on the experience acquired with its operation and review
the requirements relating to registration of low-tonnage substances, to report
on the need, if any, to register certain types of polymers, to assess whether or
not to amend the scope of REACH to avoid overlaps with other relevant Union
provisions and to carry out a review of ECHA. Articles 75(2), 117(4), 138(2),
138 (3) and 138 (6).
(3)
REACH review, pages 4 and
5
(4)
The CSRs include risk assessments for health and the environment according to the different
intended uses of the substance
(exposure scenarios).
The European Environmental Bureau (EEB) is
Europe’s largest federation of environmental citizens’ organisations. It is the
environmental voice of European citizens, standing for environmental justice,
sustainable development and participatory democracy. Our aim is to ensure the EU
secures a healthy environment and rich biodiversity for all.
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The European Environmental Bureau (EEB) is the environmental voice of
European citizens, standing for environmental justice, sustainable development
and participatory democracy. We want the EU to ensure all people a healthy
environment and rich biodiversity.
