Publication - 1 November, 2004
Background on proposed EU chemical policy reform and how it needs to be amended to achieve it goals.
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Executive summary: As a result of the failure of current chemicals regulations we are all constantly exposed to a wide range of synthetic chemicals, some of which are known to be capable of causing adverse effects on the health of wildlife and on ourselves. Under current chemicals regulations there are extremely large data gaps.We know very little about the properties, environmental fate or human health impacts of many man-made chemicals found in our environment. The proposed EU Registration, Evaluation and Authorisation of Chemicals (REACH) legislation is intended to address that problem.A further primary objective of REACH is to address a group of what are considered today´s most problematic pollutants – chemicals that, once released, remain in the environment, and build up in wildlife and humans and/or are capable of causing cancer, genetic or reproductive damage. REACH calls these chemicals ‘substances of very high concern´ and requires producers, importers or users to obtain an authorisation for their continued use.However, there is a major loophole in the current REACH proposal. The intrinsic properties of most of these chemicals of ‘very high concern´ mean that once they are manufactured and used, it is virtually impossible to prevent them from entering the environment at some stage. Nevertheless, under current proposals, continued manufacture and use of these chemicals will be authorised if the manufacturer or user can demonstrate ‘adequate control´ through a risk assessment. In effect this will mean little significant change to the current system of chemical regulation that has failed to protect the environment and human health from impacts of hazardous chemicals. Even low concentrations and widely dispersed amounts of persistent, bioaccumulative substances can be reconcentrated by nature and accumulate in our bodies. In other words, “adequateour bodies. In other words, “adequate control” of these substances is all but impossible. After all, it is because of these very properties that they have been classified as “substances of very high concern” in the first place. This is why the aim of authorisation must be to ensure these ‘substances of very high concern´ are replaced as soon as possible by suitable alternative substances or technologies - i.e. safer substitutes. To aim for ‘adequate control´ would be to subscribe to ongoing exposure to extremely hazardous chemicals, when such exposure could be avoided altogether.In order to ensure that the authorisation process leads to a timed, managed, phase-out of substances of very high concern, the single most important change that should be made to REACH is the incorporation of the ‘substitution principle´ as a practical requirement, whereby a chemical of very high concern will not be authorised if a safer, viable substitute is available. When authorisation of a chemical of very high concern is granted, it should be for a limited period only, to encourage the search for substitutes.If the authorisation procedure is based upon the premise that ‘substances of very high concern´ are not acceptable and must be replaced as soon as possible, REACH will drive innovation, promote Green Chemistry and Clean Production and ensure the sustainable future of the European chemical industry.
Num. pages: 16