Internet Consult Opens on New European Chemicals Law

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Internet Consult Opens on New European Chemicals Law

 

 

BRUSSELS, Belgium, May 7, 2003 (ENS) - The European Commission is using the

Internet for public consultation on the new draft Chemicals Legislation,

presented jointly by environment and enterprise commissioners today. The draft

chemicals law intends to completely overhaul the European Union's regulatory

system for chemicals, replacing 40 different pieces of current legislation.

Environment Commissioner Margot Wallstrom (Photo courtesy European

Commission)Enterprise Commissioner Erkki Liikanen and Environment Commissioner

Margot Wallstrom presented the new proposals to the full 20 member Commission.

Their approach to modernization of the EU's chemicals legislation was approved

for an eight weeks Internet consultation, but critics say that cloaked in the

disguise of public consultation, the Commission is really delaying for a crucial

period.

The Commission said in a statement today that, " The Internet consultation will

enable interested parties to comment on the detail of the future legal

requirements before the proposal is finalized by the Commission. " Public

comments through other means of communication are also welcome.

Commissioner Liikanen said, " This major piece of legislation is a great

challenge in terms of reconciling the economic, social and environmental

requirements inherent in the EU's sustainable development strategy. I believe

that what we have presented today is a good basis for getting the balance right,

but we are of course open to further input and comments from all stakeholders. "

A coalition of major European environmental NGOs including the European

Environmental Bureau, Greenpeace International, Friends of the Earth, BUND

(Friends of the Earth Germany), and WWF, the conservation organization, today

said the Internet consultation, originally meant to last for five weeks was,

extended three weeks to please the chemical industry.

" While minor on the surface, " the groups said, " these three extra weeks will

ensure that the Commission cannot publish its proposal before summer. In

consequence the European Parliament will not be able to hold a first reading by

the 2004 elections. "

Under discussion since February 2001 when the Commission first proposed changing

the law governing the more than 30,000 chemicals produced, imported or used in

Europe, the draft legislation has at its core REACH: a single, integrated system

for the Registration, Evaluation, and Authorisation of CHemicals.

Enterprise Commissioner Erkki Liikanen (Photo courtesy European

Commission)REACH will place a duty on companies which produce, import and use

chemicals to assess the risks arising from their use requiring new test data to

be generated in justified cases - and to take the necessary measures to manage

any risks they identify.

This will reverse the burden of proof from public authorities to industry for

putting safe chemicals on the market.

Environmental NGOs had great hopes for the reform outlined in the Commission

White Paper from February 2001, which was supported by Parliament and Council.

They say that the overall effect of the additional three weeks of Internet

consultation will be a delay of at least a year in the completion of this

regulation.

The Commission failed to endorse the key components of the regulation, such as

full protection from chemicals in imported products, though this was requested

by Commissioners Wallstrom and Liikanen.

The obligation on industry to stop using hazardous chemicals when safer

alternatives are available did not make the final proposal, the environmental

groups say, and the principle of the public right to know, has been " abandoned. "

The new regulation governs the production, import and use of chemicals in the

European Union, which next year expands from 15 to 25 countries. It aims to

increase the protection of human health and the environment from exposure to

chemicals while at the same time maintain and enhance the competitiveness and

innovative capability of the EU chemicals industry, the commissioners said.

Environment Commissioner Margot Wallstrom uses the Internet to involve

Europeans in shaping policy. (Photo courtesy European Commission)The proposal

aims at " fully conforming to the balanced approach required by sustainable

development, " the two commissioners said.

But the environmental groups say, " This cut-down system will not encourage the

chemical industry to become sustainable. "

The new system for registering, evaluating and authorizing chemical products is

supposed to boost enterprise competitiveness and product innovation, the

commissioners said, " to the long run benefit of chemicals manufacturers and

importers, users, consumers and the environment. "

Commissioner Wallstrom said, " Every day, we are exposed to chemicals in our

environment, at work or in our homes. However, or many of them, we do not know

enough about their risks or longer term effects. Our reform proposal, therefore,

requires industry to provide public information on the chemicals they produce or

import and the risks associated with their use. This will allow the users to

choose safer alternatives. "

Jorgo Iwasaki-Riss from Greenpeace agrees that there are too many chemicals

intruding into the everyday lives of Europeans. " The very fact that hazardous

chemicals are found in common consumer products - televisions, perfumes,

sportswear, cleaning and body products - only shows the degree to which poorly-

or unregulated chemicals have permeated our society and environment, " he said.

" Even ordinary housedust has become saturated with these chemicals. "

" To protect public health and the environment, Europe needs legislation that

will require industry to substitute such hazardous chemicals with safer

alternatives, " said Iwasaki-Riss.

An uneasy balance between environmental protection and the interests of the

European chemical industry is struck in the new legislation. Commissioner

Liikanen sees the new draft chemicals regulation as providing opportunities for

European industry " to lead the world in the quality and safety of chemicals

production and use which, in Europe, is already at a high level. "

Chemical Works, Wilton, Teesside, England (Photo courtesy FreeFoto)Liikanen

said the Commission is " making a determined effort to avoid unnecessary

bureaucracy, to help enterprises meet the new requirements at minimum cost, to

encourage research and innovation, and to ensure that European industry remains

competitive. "

Testing results have to be shared to reduce any likely animal testing.

Registration of information on the properties, uses and safe use of chemical

substances will be an integral part of the new system.

The exact REACH registration requirements will vary depending on the volume in

which a substance is produced, and on the likelihood of exposure to humans or

the environment. A phased in system lasting up to 11 years is foreseen.

Higher tonnage substances would require the most data, and would have to be

registered first; lower tonnage substances would require less data and be

registered later to reduce the regulatory burden on small and medium sized

enterprises.

Tighter controls will be introduced for the chemicals of highest concern. Thus,

certain types of substances such as carcinogens, mutagens and reproductive

toxicants; persistent, bioaccumulative and toxic substances; and very persistent

and very bioaccumulative substances will be subjected to an authorization regime

and would be registered early.

Other substances, for example with endocrine disruption effects, could be

included on a case by case basis within the authorization system where it is

shown that they give rise to the same level of concern, the commissioners

explained.

Each use of such substances will have to be authorized for a specific use.

Decisions would be based on a risk assessment and consideration of other

socio-economic factors.

Others, such as polymers, chemicals used as raw materials for plastics and

detergents and a wide variety of other products, and substances used as

intermediates, chemicals used to make other chemical substances or other

products, will be subject to substantially lighter registration requirements.

In many cases, where there is little risk of exposure, polymers and

intermediates will be exempted from registration.

It is expected that around 80 percent of all substances will only have to be

registered, the rest will have to undergo evaluations for safety and subsequent

authorization.

The environmental NGOs say the public needs more. Michael Warhurst from WWF

said, " It comes down to one question - do we want to phase out the chemicals

that accumulate in wildlife and ourselves, and those that disrupt our hormones?

I believe that the European public does - and the European Commission is failing

to get moving on this crucial task. "

The text of the proposals is online at:

http://europa.eu.int/comm/enterprise/chemicals/index.htm

and:

http://europa.eu.int/comm/environment/chemicals/whitepaper.htm

 

 

 

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Copyright Environment News Service (ENS) 2003.

 

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