Bridges Trade BioRes • Volume 6 • Number 22 • 15th December 2006

Europe Adopts Comprehensive Chemicals Legislation

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Following three years of negotiations, the European Parliament adopted a comprehensive law on the manufacturing, marketing, import and use of chemical substances on 13 December. Entitled REACH — Registration, Evaluation, Authorisation and Restriction of Chemicals — the legislation aims to protect consumers and the environment against the adverse effects of chemicals found in products like paint, detergents, cars and computers.

According to European Environment Commissioner Stavros Dimas, REACH will “increase our knowledge about chemicals, enhance safety, and spur innovation, while encouraging substitution of highly dangerous chemicals by safer ones”. The law has been described as one of the most complex and far-reaching EU regulations ever.

Under REACH, 30,000 chemicals produced or imported into the EU will be registered with a central agency in Helsinki over a period of 11 years. The most hazardous chemicals will be subject to testing, and will require authorisation to be used. Persistent, bio-accumulative and toxic chemicals are set to be phased out if suitable alternatives exist; if not, companies will have to submit a plan for developing such alternatives. However, they will not be banned outright, something environmental groups have criticised.

REACH places the burden of proof on the chemicals industry, with the public sector responsible for oversight. Thousands of chemicals that have been in use for years without testing will now undergo screening. Industry groups have criticised the new law for being overly cumbersome and expensive.

Trading partners such as the US, as well as developing countries, have also criticised REACH, claiming it will restrict trade (see Bridges Trade BioRes, 16 June 2006, http://www.ictsd.org/biores/06-06-16/story4.htm). The EU, however, has said that the legislation will set a new global standard, hoping other nations would follow suit.

The EU Environment Council, meeting on 18 December, is expected to formally adopt the package of legislation, allowing REACH to enter into force on 1 June 2007.

“EU to Usher in New Chemicals Era with Landmark Law,” REUTERS, 12 December 2006; “Landmark EU chemical law passed,” BBC, 13 December 2006; “Europe Parliament to Regulate Chemicals,” GUARDIAN, 13 December 2006; “REACH: Commission welcomes European Parliament vote on new EU chemicals legislation,” EU PRESS RELEASE, 13 December 2006.