Business gearing up for new EU chemicals policy[de] 

Efforts at helping businesses comply with REACH are stepping up with a final decision on the EU chemical regime expected before year-end.

An interim strategy was put in place by the Commission as early as 2004 to ensure smooth implementation of the legislation once it is adopted. So-called REACH implementation projects (RIPs) will be running until the agency becomes fully operational in 2008. Work focuses on five key areas:

• RIP 1 : REACH process description;
• RIP 2 : development of an IT system;
• RIP 3 : development of guidance documents for industry;
• RIP 4 : development of guidance documents for authorities;
• RIP 5/6 : setting up the European chemicals agency;

The Commission held a workshop  on 25 September to provide guidance to producers and downstream-users of chemicals under REACH. The programme included an overview of timelines and obligations to establish the safe use of a chemical.

Meanwhile, a series of trial runs with business stakeholders took place last year to simulate how REACH would actually work in practice.

• The first, called SPORT , simulated "in real life" situation, the whole process from pre-registration to dossier evaluations within the future European chemicals agency. The trial run, which involved 29 chemical manufacturers, nine member states and 25 downstream users of chemicals, concluded that the overall system was working more or less satisfactorily. The final report made a series of 40 recommendations to clarify some specific aspects of REACH and make it more 'workable' in practice (EurActiv 8 July 2005).
• The second, called PRODUCE , looked at downstream users who use chemicals as ingredients in consumer products as well as product labelling issues. It published its final report in January, making more than 30 recommendations to make REACH more 'workable'. A series of appendices deal with safety data sheets, and labelling requirements for individual products such as air fresheners, fragrances or all-purpose cleaners.

The results of both these exercises were fed into the Commission's REACH Implementation Projects (RIPs).

Despite the efforts made, not everybody seems satisfied with the Commission's moves to facilitate REACH implementation.

On 13 September, the United States Council for International Business - a trade body whose membership includes some 300 leading US companies with combined annual revenues in excess of $3 trillion - hit out at the Commission's guidelines for REACH implementation.

The final guidelines , known as RIP 3.8, relate to substances that are contained in finished products, or 'substances in articles' in REACH jargon. But with the number of chemicals in finished products, such as computers, sometimes amounting to 100 or more, registration can become somewhat complicated.

"We are concerned that these guidelines are neither workable nor proportionate," said Andrea Fava, USCIB's manager of environmental affairs. USCIB recommended the revision of the proposed guidelines, saying that its members are "concerned about the workability of the draft from both the compliance and enforcement perspectives". USCIB has also expressed concern that the guidelines go beyond the scope of the draft chemicals legislation.

"We urge that further input be considered and that the guidance for articles be revised," said the USCIB statement.

In June this year, the European Chemicals Industry Council (CEFIC) launched ReachCentrum, a help desk to support companies along the value chain to fulfil the requirements of REACH.

CEFIC said the Brussels-based ReachCentrum will draw from experience gained with European Commission projects that is says have given CEFIC "unique expertise on REACH". 

"CEFIC is now turning this expertise into practical help to companies." Services provided will include consortia management, "including Chinese walls facility to preserve confidentiality" and a registration service to handle submissions of dossiers to the future chemicals agency.

For the WWF, the whole SPORT exercise only served to show that REACH is ready to start but that more guidance was needed for implementation by industry. Crucially for the WWF, the final report refered to "'a paradigm shift' that has not yet taken place in the chemical industry" with trade bodies fighting for changes to the draft legislation instead of preparing their members to cope with REACH.