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24 November 2009
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REACH heading towards conciliation[fr][de

Published: Tuesday 28 November 2006    | Updated: Friday 4 May 2007   

Tripartite talks broke down on 27 November 2006 after Germany and other member states refused to budge on the REACH draft regulation, said Parliament's chief negotiator Guido Sacconi.

Background:

The EU's draft REACH law on chemical safety enters Parliament for a crucial second reading on 12 December 2006. It will then need approval by the Council of Ministers to become law.

REACH (Registration, Evaluation and Authorisation of Chemicals) proposes that manufacturers and importers of chemicals produce health and safety tests for around 30,000 of the 100,000 substances currently on the EU market. The screening process would be spread over an 11-year period, starting with the most toxic chemicals as well as those marketed in higher volumes.

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"The conditions for an agreement were not there yesterday. There has got to be more political will," Guido Sacconi MEP (PES, Italy) told a news conference on 28 November.

Council, Parliament and the Commission will hold a final round of negotiations Thursday (30 November) and Friday (1 December). But the chances of reaching a compromise deal to bring to Parliament for a vote on 12 December look increasingly slim.

Sacconi said there was "a 50-50 chance" of a deal. Otherwise, he said, MEPs will vote on a text that cannot be accepted by member states, with the process ending in a last-chance conciliation procedure.

Substitution remains the outstanding issue, with Sacconi asking for more clarity as to how carcinogens and other highly toxic substances can be authorised. "When there are alternatives, substitution must be obligatory," he insists.

But the Council maintains its position that such substances should be given a green light if they are "adequately controlled". For Sacconi, there must be some guarantee that they will eventually be replaced, something that may come in the form of "an R&D plan".

Sacconi's most vocal opponents in the Council include Germany, the UK, Malta and Poland, NGOs said. Those supporting stricter substitution rules include France, the Benelux countries, Denmark, Sweden and Hungary.

The other sticking point relates to the role of the future agency responsible for approving or rejecting chemicals. Sacconi insists that Parliament appoints two people on the agency's management board, perhaps former MEPs. But the Council has so far refused to give in.

The Commission's role in the negotiations is also raising eyebrows. In theory, it is supposed to act as a deal-broker in the trialogue meetings but "it is not doing anything", a Parliament source close to the negotiations said. 

Next steps:

  • 29 November: EU ambassadors (COREPER) to discuss whether to give Finnish Presidency a broader negotiating mandate.
  • 30 November - 1 December: Final round of trialogue meetings between Commission, Council and Parliament.

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