European Environment Ministers agreed on Thursday 25 June in Luxembourg not to reopen, for the time being, Regulation 1907/2006 concerning the registration, evaluation and authorisation of chemical substances (REACH), preferring instead to focus on targeted adjustments to simplify and modernise the existing framework.
“Discussions have broadly led to the conclusion that it is not appropriate, for the time being, to reopen the REACH Regulation”, summed up Jessika Roswall, the European Commissioner for Environment. By contrast, “we can improve effectiveness within the current framework”, she said.
The Commission is exploring other ways of simplifying and modernising this framework, notably through secondary legislation. “We will look at harmonisation, digitalisation, as well as the simplification of various procedures and the alignment of REACH with the recently revised CLP Regulation (classification, labelling and packaging of substances and mixtures)”, the Commissioner specified.
Moreover, the Commission has adopted the ‘roadmap’ aimed at phasing out animal testing for chemical safety assessment. The growing number of imported products, particularly through online sales, poses major challenges for the authorities responsible for enforcement. “The Commission is also preparing the European Regulation on products, which should expand our ‘control toolbox’”, Mrs Roswall said.
In combination with the General Product Safety Regulation, the Market Surveillance Regulation, the Digital Services Act and the future reform of the Union Customs Code, “we will benefit from a much stronger framework to control online sales and strengthen cooperation between departments and competent authorities”, according to the Commissioner.
The Commission remains fully committed to protecting citizens and the environment against substances such as PFAS, or “forever chemicals”, and endocrine disruptors. “This will be achieved through existing instruments, such as REACH restrictions, as well as complementary tools such as legislation on health and safety at work and industrial emissions. We aim to streamline them and increase their effectiveness through better upstream planning and prioritisation, early discussions within the ‘One substance, one assessment’ expert groups, and the REACH restriction roadmap”, the Commissioner explained.
According to the French Minister, Monique Barbut, the Commission announced that it would not launch the revision of the Regulation, “but I believe that we can and must act now to strengthen the competitiveness of our chemical industry and better protect health and the environment”. To that end, according to France, it is essential to “strengthen controls on imported products and guarantee a level playing field between Union companies and those of third countries”. The French Minister called on the Commission to propose a dedicated legislative act, which would complement the existing means of control in the chemicals field, particularly for imports and online sales. France also called for procedures to be simplified and modernised where possible. The principle “no data, no market” must be updated in the light of the most recent scientific knowledge. The data required before substances are placed on the market must incorporate new concerns, such as endocrine disruptors and PFAS, according to France.
In a document (https://aeur.eu/f/mj8 ), France, Austria, Denmark, Luxembourg, and the Netherlands take note of the Commission’s decision not to pursue a revision of the REACH Regulation.
The German delegation welcomed the Commission’s announcement that it was abandoning a revision of the REACH Regulation. “A revision at the present time would bring uncertainty and would offer no benefit for the environment, consumers and our chemical industry”, Germany stated. The country only called for simplifications and improvements in the implementation of the text.
Vannia Gava, Italy’s Undersecretary of State for the Environment, considered that it was “not realistic” to envisage an overall revision. In her view, the tools already available should instead be used properly, starting with the methodology, in order to simplify and update the rules. E-commerce “creates serious competition and safety problems, with non-compliant products entering without adequate checks. Platforms must have clear responsibilities: those who facilitate the sale must also guarantee compliance”, according to the Italian delegation.
Poland also called for the current rules to be simplified and referred to the problem of imported products. (Original version in French by Lionel Changeur)