New chemicals legislation sparks mixed reactions from stakeholders
The European Parliament has definitively adopted the compromise it negotiated with the Council on REACH, the new regulatory system for hazardous chemical substances. While seen by many as step forward, the new regulation has come under some criticism from industry, environmentalists and consumer groups, who say that it does not go far enough. At a plenary session in Strasbourg on 13 December, MEPS overwhelmingly approved the new legislation, which replaces 40 current legislative texts, by a majority of 529 votes for and 98 against, thus ending three years of tough negotiations. Under the new rules, which enter into force progressively from June 2007, companies will be obliged to register all chemicals. For hazardous substances, companies will be required to find safer alternatives. A new Chemicals Agency, to be based in Helsinki, will be responsible for the registration and authorisation process of some 30,000 chemicals. The process is expected to take 11 years to complete. 'This is a historic day,' said Finnish Minister of Trade and Industry Mauri Pekkarinen. 'The chemicals regulation will reform the entire EU chemicals legislation and will turn Europe into a global forerunner and trailblazer. There is also reason to believe that the safest products in the world will mean better competitiveness for European industry in the future' Commission Vice-President Günter Verheugen, responsible for enterprise and industry policy, also welcomed the vote saying that it had put an end to 'a long period of uncertainty'. Commissioner Verheugen also noted that under REACH, animal testing would be kept to 'the absolute minimum'. Under the new rules, all proposals for animal testing will be evaluated, and the authorities will attempt to ensure there is no duplication. Companies will also be obliged to share animal-testing data. However, the vote has sparked mixed reactions from lobby and stakeholder groups. In a joint statement, environmentalist and animal welfare groups, including Greenpeace, Friends of the Earth and WWF, described the new rules as 'alive' but 'not kicking'. While welcoming the text as the 'first modest step' towards a new approach to chemicals regulation, the advocacy groups warned of some 'major loopholes' which they claimed would still allow many chemicals that can cause serious health problems, including cancer, birth defects and reproductive illnesses, to still be used in manufacturing and consumer goods. 'REACH and the new European Chemicals Agency will therefore require intensive care from policymakers over the coming years to ensure that they protect the public from highly hazardous chemicals,' reads the joint statement. Mixed feelings were also expressed by industry. In a joint statement, groups including the European Chemical Industry Council (CEFIC), the European employers' organisation UNICE and European engineering association Orgalime, agreed that 'some aspects of REACH have moved in the right direction'. They welcomed 'data protection', which they said would enable companies to request confidentiality for the name of their substance in order to protect their information from unfair competitors. The new registration procedure, which no longer obliges companies to elaborate a Chemical Safety Report for substances below 10 tonnes, was also a positive move and would be particularly good for SMEs (Small and medium sized enterprises), they said. Less positive is the new authorisation procedure, said the industry bodies, which now requires the submission of a substitution plan for all the substances where a suitable alternative exists, even if they are adequately controlled. 'This will generate an additional burden for chemical producers and downstream users alike. It will equally affect the supply of raw materials for different sectors of EU industry; and this without any clear benefit for the end consumer,' reads the joint statement. For EUROCHAMBRES, the Association of European Chambers of Commerce and Industry, the final result, while not optimal, should help to 'make REACH more workable for European companies'. 'Now business is concerned that the text is made operational in a quick and effective manner,' said Arnalgo Abruzzini, Secretary General of EUROCHAMBRES. He urged the Commission, the new Chemicals Agency, and the Member States, do their utmost to make implementation as unbureaucratic as possible for enterprises, and in particular for SMES.