1 REACH, the Future EU policy for Chemicals European Conference in Eretria April 27, 2004 Tony Musu – European Trade Union Technical Bureau/ETUC

2 Plan: 1. Current chemicals legislation 2. Overview of REACH 3. REACH in debate 4. ETUC position 5. Next steps and Trade Union’s role

3 1. Current EU legislation on chemicals Sept 18, 1981 « Existing » chemicals:  100,000 substances  Regulation 793/93 « New » chemicals:  ~2,700 substances  Directive 67/548 Low data requirements High data requirements

4 Drawbacks of the current system: different regulation for « existing » and « new chemicals » (burden of the past) risk assessment performed by the regulatory authorities (much too slow) little or no information on downstream uses of the chemicals lack of incentives for the replacement of hazardous chemicals by less hazardous ones Innovation is being stifled

5 2. REACH = Registration, Evaluation & Authorisation of Chemicals Feb, 2001 White Paper OBJECTIVES: Achieve a high level of protection for human health and the environment Promote the efficient functioning of the EU internal market and enhance the competitiveness of the EU chemical industry Oct, 2003

6 Registration: Chemicals > 1 tonne/year per manufacturer Manufacturers/Importers collect and submit data on: Properties (Phys-chem, tox and eco-tox ) Identified uses (CSR) Safe ways on handling the chemicals European Chemicals Agency will receive the registration dossiers and manage the database Data required depend on production volume

7 Evaluation: Member States Authorities evaluate individual dossiers 2 types of evaluation: Dossier evaluation (animal testing/compliance) Substance evaluation when a substance may present a risk to human health or the environment Results of evaluation: No further action Industry can be asked for more info Substance needs to be regulated further

8 Authorisation: For substances of very high concern: PBTs, vPvBs, CMRs Authorisation is granted by the Commission if Industry can prove the risk is adequately controlled Socio-economic benefits > risks No Authorisation granted if: Use is not considered to be adequately controlled Benefits are too small compared to risks Suitable substitutes are available Restrictions: Commission can ban certain uses or certain substances

9 Present systemREACH Gaps in our knowledge about chemicals Reduce the gap by providing safety info « burden on proof » on the authorities « burden on proof » will be on industry Notification for ‘new substances’ start at 10 kg/y Registration for all substances start at 1 t/y European Chemicals BureauCreation of a new Chemicals Agency Slow/no calendar30,000 substances to be registered in 11 years Comparison between the present system and REACH

10 3. REACH, the debate: Costs Administrative burden Confidentiality of data Industry relocation outside EU Job losses Duty of Care Right to know, public access to data Ban/substitution of hazardous substances Benefits to human health and the environment REACH is a test case for the principles of Sustainable Development

11 4. ETUC’s position on REACH: (Executive Committee March 2004) ETUC welcomes the REACH system ETUC strongly supports the principle of shifting the burden of proof from the authorities to industry REACH has the potential to give a strong impulse to existing laws aimed at protecting workers exposed to chemicals REACH should foster innovation in the chemical industry

12 ETUC’s position (2) ETUC demands that: Attention should be paid on compatibility between REACH and the existing Worker protection legislation The principles of REACH should be recognised worldwide Workers’ representatives be made members of the future agency Impacts on employment should be considered Use of clear and simple procedures for SMEs

13 ETUC’s position (3) ETUC has raised a number of questions to consider with a view of improving REACH: Duty of care for substances out of the REACH scope ? Enough safety data required in the 1-10 t/y range ? Means of assessing the accuracy of information provided ? Extension of the authorisation procedure to a wider range of hazardous chemicals ? Links between REACH and Worker protection legislation ? Impact on employment, health and EU research programmes ?

14 5. Next steps: Co-decision procedure (European Parliament/ Council): Final Draft Regulation adopted by the Commission (29/10/03) 2006 ItalyIrelandThe NLLuxbgUK 2003 EP rapporteur: G. Sacconi New Parliament = new rapporteur Elections in 25 Countries EP 1 st ReadingEP 2 nd Council Concilation procedure ? Regulation enters into force in all 25 MS ?

15 Trade Union’s role ?  ETUC Ad hoc REACH WG for discussing further the questions raised in ETUC declaration  3 worker representatives (ETUC/EMCEF/DGB) involved in the Commission REACH impact assessment WG  A conference on REACH will be organised by ETUC (Brussels, December 2004)

16 More information: emicals/chempol/bia/index.htm