Brussels, 29 November 2005 (Agence Europe) - The proposed REACH regulation on the registration, evaluation and limited authorisation of chemical products in the EU made further progress in Brussels on Tuesday. The exploratory debate of the Competitiveness Council on the key elements of this legislation, which has already been examined by the European Parliament at first reading (EUROPE 9070), allowed a broad agreement on the compromise of the Presidency to emerge and, even though differences of opinion subsist on the authorisation procedure for the most dangerous substances and the principle of the substitution of the substances with safer alternatives, these are unlikely to compromise prospects of a political agreement at the extraordinary session of the Competitiveness Council of 13 December (and not 19 December as previously scheduled). It is worth noting that the amended compromise of the Presidency, which was presented last October, provides that these dangerous substances (with the exception of PBT, vPvBs and substances which are carcinogenic, mutagenous or harmful for reproduction) may be authorised as long as they are subject to "adequate controls, and that research into safer alternative solutions is encouraged". The Parliament, for its part, has taken position in favour of a temporary initial authorisation, limited to five years, and in favour of an obligation to replace the most dangerous substances with ones which are less harmful, wherever alternative solutions exist.
Various delegations (the Scandinavian countries in particular) which are closest to the position of the Parliament called for the authorisation procedure systematically to take account of the existence of substitute products, and that any authorisation be rejected whenever a less harmful alternative solution is available. A greater number of other countries agree with the Commission, that if the evidence exists of adequate checks on the use of dangerous substances, the industry should be able to continue to use them in strictly defined conditions. Somewhere between the two, France has proposed that the authorisation procedure should take account of tackling risks and the existence of economically viable (ie, not too expensive) alternative solutions. Germany, whose position has been greatly anticipated since the constitution of the new Grand coalition government, called for the limit of five years of authorisations to be removed, stating that the "European Parliament has gone far too far". For substance registration, it recommends a closer examination of exposure to citizens and the environment by various substances. It would also like to water down obligations to make data available on the substances accessible to the public (to boost protection of industrial secrecy). Spain stated that it subscribed to the compromise on the table, but called for substances related to minerals, such as ceramics, chalk, etc, to be excluded from the scope of REACH. Italy says that it is "very satisfied" with the compromise.
"The Presidency noted a broad agreement on many crucial issues, including the registration and evaluation of substances. There is a high degree of convergence between the positions of the delegations, and the Member States are clearly keen to finalise the position of the Council at our meeting of 13 December", Alan Johnson, British Secretary of State for Trade and Industry, told the press. Coreper and the working group in charge of this dossier will go into the outstanding issues, concerning authorisation, in greater detail, "with a view to striking a balance by encouraging substitution, whilst taking account of economic viability", added the President. When asked about Germany's position, the Commissioner for Industry, Günter Verheugen, replied: "I am pleased to report that the German government fully supports the proposed compromise in terms of registration. The best way to seek a solution is to keep working. The debate has very clearly shown that the Member States want to find an agreement and have undertaken to do what needs to be done before the December Council".
Speaking to the press, Sigmar Gabriel, the new German environment Minister, was optimistic about a political agreement on 13 December. He said that the technical issue of tests for substances to which the citizens and the environment were exposed in the long term still had to be discussed, together with "the more political question" of the duration of authorisations for the most dangerous substances, and the principle of substitution. "Today, the adoption of REACH is an objective which is drawing nearer. We hope for a political agreement on 13 December. All delegations had a positive appreciation of the compromise of the Presidency. This is a good basis for a political agreement", said Catherine Colonna, French Minister for European affairs. Stressing two points which are close to Paris's heart- stepping up the powers of the future chemicals agency, "which should be responsible for carrying out evaluations", and "taking on board the opinion of the European Parliament in terms of authorisations and substitution"- she said that she was delighted to note that the compromise already broadly takes account of the French point of view about the competencies of the agency.