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REACH benefits not obvious yet, EU admits

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Published 01 October 2012

The REACH chemical safety regulation has so far showed limited results, with only "anecdotal evidence" that industry was starting to phase out the most dangerous substances, the European Commission said ahead of a review of the legislation due later this month.

Bjørn Hansen, head of unit at the European Commission's environment directorate, said the REACH review, originally planned for June, had been delayed until October.

"A lot of work was put into this review and this is one of the reasons why it's slightly delayed – it was substantial," Hansen told a conference organised by the German chemical company BASF in Brussels on 6 September.

The review, now close to finalisation, "looked into all sorts of aspects of REACH" and included studies which examined the legislation's impact on competitiveness, innovation, environment, health and safety, Hansen told the conference.

'Anecdotal evidence' that REACH is working

Summarising these studies, Hansen said: "It is too early to say REACH is achieving its objectives."

However, he said there were "signals and signs here and there" showing that industry was now taking risk management decisions based on the legislation's health and environmental objectives.

"We're seeing at least anecdotal evidence that indeed it's starting to look like it's working," Hansen said cautiously. In itself he said this was already "a pretty positive message" given that REACH had been in operation for only five years.

"Dangerous chemicals are being phased out with less dangerous [ones]," Hansen affirmed, saying that "REACH has lived up to its expectations" in that respect.

The Commission official admitted, however, that there were "question marks as to whether this progress has been sufficient" with regards to the global objectives set out at the 2002 Earth Summit in Johannesburg.

He indicated that the EU executive was preparing a report for 2013 that will assess whether the 2020 objectives for sustainable chemicals management have been met at global level.

'Joe public' unaware of REACH

Not all participants at the BASF conference agreed that REACH has been a success.

Anne-Sofie Andersson, director of the Chemical Secretariat, an environmental NGO, said REACH was being hampered by poor implementation and lack of cooperation from industry.

The inclusion of the most dangerous chemical substances on a priority list for substitution has helped replacing a number of them with safer alternatives, she conceded.

But she added that "the poor quality of the registration dossiers [submitted by industry] is blocking substitution so far," calling for more transparency in the process.

Julie Girling, a Conservative British MEP, was more categorical and insisted on placing the consumer at the centre of the debate, saying "most citizens are completely unaware of REACH".

"I don't think REACH is really out there reassuring European citizens," Girling said, adding REACH had been an "inward-looking" and "industry-focused" exercise that failed to take the consumer's interest into account.

In particular, Girling warned that consumers were likely to end up footing the bill for REACH as chemical producers pass on the added cost of compliance to the manufacturing sector.

"I'm a bit like Joe Public here… and I don't think we're really in a position to judge" whether REACH has been a success, Girling said. "We should be in a position to be saying that something's worked or not and unfortunately we're not."

"So I don't see that as a great success, I see that as an element of failure."

BASF steps forward in defence of REACH

BASF, the chemical company which organised the Brussels conference, gave a more upbeat assessment and praised the colossal work achieved so far by the industry to register chemicals produced or imported in high volumes (above 1,000 tonnes per year).

Dr. Martin Kayser, senior vice president for product safety at the German company, said BASF had filled 6 million data fields in registration dossiers it submitted until now to the European Chemicals Agency (ECHA) in Helsinki.

"I believe that at this point in time, we can already see that REACH worked," Kayser said. "It worked during the first registration phase."

"But there are two more phases to come," Kayser warned, suggesting problems could emerge when small companies start registering chemicals produced in lower volumes.

Next steps: 
  • Oct. 2012: European Commission expected to launch REACH review with a series of reports examining how the regulation has worked so far. It may decide to table a legislative proposal to amend REACH at a later stage.
  • 31 May 2013: Deadline for the second REACH registration for substances manufactured or imported in quantities of 1 to 1,000 tonnes per year per manufacturer
  • June 2018: Third registration phase closes with substances produced in smaller quantities (1-100 tonnes).
Frédéric Simon

COMMENTS

  • Two points about REACH

    1. It is promoting the off-shoring of manufacturing dangerous chemicals to laxer jurisdictions such as China, which in terms of the global impact of these toxic substances is worse than keeping it in Europe as regulations in China are either lax or not applied - hence polluted rivers and the environment on an epic scale over there. EU-based chemical plants have much better safety records & procedures.

    2. The 2nd & 3rd phases of REACH will impact many minor metals and rare earths, which are traded in very small quantities yet are critical to the very same high-tech industries the EU wants to promote. Also, many of them aren't particularly toxic and have been used for years without any problems. The problem is that REACH registration will be so expensive it may become pointless keeping manufacturing based on these substances in Europe as no other jurisdictions are considering anything quite so draconian for these materials. It would be a shame for the EU to score home goals in this way and give an advantage to competitors in the US and Asia.

    By :
    Justin Pugsley, Principal, JJPAssociates
    - Posted on :
    01/10/2012
  • New proposals within the implementation of the EU REACH legislation is jeopardizing aircraft maintenance in Europe

    See http://files.aea.be/News/PR/PR12-020.pdf

    By :
    Vincent De Vroey
    - Posted on :
    14/10/2012
  • Press release

    Brussels, 11 October 2012

    new proposals within the implementation of the REACH legislation to jeopardise aviation maintenance industry in Europe

    The Association of European Airlines (AEA) warns the European Commission to re-evaluate its proposal on the new EU legislation on the registration, evaluation and authorisation of chemicals (REACH) since it will not only harm the European aviation maintenance industry but will have negative impact on the European economy.

    Today in Amsterdam, at the annual Maintenance, Repair and Overhaul (MRO) Europe Conference and Exhibition, Vincent De Vroey, General Manager of Technical and Operations of AEA highlighted the detrimental effect of the proposals to add further substances to the list of Substances of Very High Concern (SVHC) under the existing EU REACH legislation. The so-called REACH legislation has been designed for large chemical suppliers without taking into account the requirements of downstream users of chemicals, such as the aerospace and maintenance industry. The EU proposal includes ban on chromates, which are essential corrosion protection ingredients of aeroplanes and which currently do not have any alternates. The aviation industry has a long history of developing procedures to protect people and the environment from dangerous substances, in several aspects the proposed restrictions under REACH contradict the stringent aviation safety requirements as defined by the European Aviation Safety Agency (EASA).

    AEA warns that the new proposals would create serious disruptions within the aircraft maintenance sector in Europe. Moreover, in a significant threat to the European economy and to the competitiveness of the EU airline and maintenance industry, aircraft operators will be incentivised to move their activities to non-EU countries. “We share the concerns of industry bodies like the European Association of Metals, and we believe that this legislation undermines the fertile soil that European airlines need for competitiveness and prosperity. Therefore AEA is pursuing the issue with industry stakeholders, the European Commission, the European Chemicals Agency and the European Aviation Safety Agency with the aim to reduce the potential burden on EU economy and employment.” says Mr De Vroey.

    For further information, please contact:

    Geert Sciot Viktoria Vajnai

    General Manager Communications Communications Coordinator

    Phone: +32 (0) 491 37 32 59 Phone: +32(0) 2 639 8993

    Email: geert.sciot@aea.be Email: viktoria.vajnai@aea.be

    ABOUT AEA: The Association of European Airlines (AEA) brings together 33 European established scheduled network carriers. These collectively carry 400 million passengers and 6 million tonnes of cargo each year, operating 2,600 aircraft serving 640 destinations in 170 countries with 11,000 flights a day. They provide around 390,000 jobs directly, and generate a total turnover of €93 billion.

    By :
    Vincent De Vroey
    - Posted on :
    14/10/2012
Background: 

Adopted in 2006, the REACH regulation requires chemical manufacturers to register the 100,000 or so substances currently on the market and submit them for safety screening and subsequent authorisation (>> read our LinksDossier).

Those that are considered to pose an unacceptable threat to human health or the environment may be phased out and eventually replaced.

The European Chemicals Agency (ECHA) has published a list of dozens of chemicals considered of Very High Concern to human health or the environment.

The regulation is due for review in 2012, setting the stage for a lobbying offensive by industry groups that say the rules hurt competitiveness, and consumer and health organisations that want stronger measures.

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