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Parts of the 1000-page REACH chemicals regulation remain
unclear and need to be amended in order to speed up the subsitution
of hazardous chemicals with safer ones, EU Environment Commissioner
Janez Potocnik said last week.
REACH implementation is "bad" and the current situtation
is "non-sustainable," Potocnik told members of the press.
His comments come after a series of delays in beginning the
authorisation process at the European Chemicals Agency (ECHA).
The implementation of REACH and "the route to substitution"
need to be speeded up, Potocnik stressed.
There are currently 29 substances on a candidate
list of 'substances of very high concern' (SVHC),
which are being considered for substitution and another seven
substances on a priority
list. However, there are none on the substitution
list yet, Potocnik said, suggesting the numbers should be
higher.
SVHCs include chemicals that cause cancer, birth defects
and other serious health problems. They also tend to persist
in the environment and accumulate in the body.
The 29 substances currently on the candidate list fall far
short of the 350-odd substances identified for priority substitution on
a 'REACH
SIN List', drafted jointly by public interest
groups and NGOs. The current list also fails to cover the
400-plus substances identified by a group of member states
as meeting the official REACH criteria.
In a letter to the European Commission, the NGOs said it
was 'unacceptable' that the Commission has not yet
taken action on the seven prioritised SVHCs recommended
by the ECHA in May 2009.
The substances to be placed on the so-called 'authorisation
list' will, in future, only be used in the EU if 'authorised'
for specific purposes.
The REACH regulation is not worded clearly enough, Potocnik
said, adding that "if needed, we will change the text to improve
implementation".
He said the "socio-economic criteria are problematic" - adding
that EU rules needed clarification on this point.
Under the REACH regulation, even if a substance presents
a risk to human health or the environment, authorisation may
be granted if the socio-economic benefits are proven to outweigh
risks arising from its use and if there are no suitable alternatives.
A spokesperson for the ECHA said "there is no problem with
the socio-economic criteria" - adding that the agency was
not in a position to comment further on the matter at this
stage.
A spokesperson for Cefic, which represents the European chemicals
industry, also said the socio-economic criteria are not an
issue because they are clear.
Indeed, the main sticking point regarding the definition
and use of the criteria seems to be between the Commission's
environment and industry departments.
The Commissioner also reaffirmed his opposition to extending
the REACH registration deadline of 30 November 2010 for chemicals
that are produced in high volumes and are the most hazardous.
EU industry has expressed concern about meeting the deadline.
According to the REACH regulation, failure to register by
the deadline means that a substance cannot be used or put
on the market.
ECHA is responsible for managing the implementation of REACH
as regards the registration, evaluation, authorisation and
restriction of chemical substances.
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