Germany Demands Simpler EU Chemical Rules

BERLIN, Germany, August 25, 2003 (ENS) - The German government has issued its formal position on the European Commission's proposals to overhaul EU chemicals policy, which it wants to be simplified and streamlined to reduce adverse business impacts. The proposals, known as The REACH System for Registration, Evaluation, Authorization of Chemicals, was set forth in draft legislation introduced in May.

In its position statement, the German government also tabled a controversial demand for a "third-party" party assessment of REACH's likely impacts on the chemical industry.

Constant German themes of cost effectiveness and balance between environmental protection and industrial innovation take center stage in the paper. The German government will not support the REACH proposals, it warns, if they harm "innovation and competitiveness of the chemicals industry."

Key changes demanded by the German government, backed by the main German chemical industry association (VCI) and trade union (IG BCE), include a simplification of REACH's central requirement for potentially hazardous chemicals to be registered with the authorities. The Commission's proposals, it says, are "still too bureaucratic and costly."

Chemicals are the focus of new European Union legislation. (Photo courtesy EU)

The government emphasizes the importance of effective administration of REACH by the proposed European chemical agency as well as of uniform European standards.

The European Commission is due to issue its final legislative proposals for REACH this autumn, taking into account responses to a final round of consultation that closed officially in July. It is unlikely to be able to ignore Germany's demands despite the lateness of its response.

The aims of the proposed new REACH system, which will replace 40 different pieces of current legislation, are to increase the protection of human health and the environment from exposure to chemicals while at the same time to maintain and enhance the competitiveness and innovative capability of the EU chemicals industry, the Commission said in May. In delivering both these aims, the proposals aim at "fully conforming to the balanced approach required by sustainable development," the EU executive said.

The German government's call for an independent assessment of REACH's implications for the chemical industry comes against a background of very contradictory estimates made by the Commission and environmental experts on the one hand and industry associations on the other.

Commenting on the German government's position paper, Hiltrud Breyer, a Member of the European Parliament representing the Green Party, said it was welcome that the German chemicals industry has dropped its "total opposition" toward the reform. "Apparently, it has dawned on the industry that its has to be conscious of consumer and environmental protection if it wants to be successful," she said.

The exact registration requirements under the REACH system will vary depending on the volume in which a chemical substance is produced, and on the likelihood of exposure to humans or the environment. A phased in system lasting up to 11 years is foreseen.

Higher tonnage substances would require the most data, and would have to be registered first; lower tonnage substances would require less data and be registered later. The provisions for lower tonnage chemicals will reduce the regulatory burden on small and medium sized enterprises, the Commission expects.

Tighter controls will be introduced for the chemicals of highest concern. Certain types of substances such as carcinogens, mutagens and reproductive toxicants, persistent, bioaccumulative and toxic substances, and very persistent and very bioaccumulative substances will be subjected to an authorization regime and would be registered early.

Others, such as polymers - chemicals used as raw materials for plastics and detergents and a wide variety of other products - and substances used as intermediates - chemicals used to make other chemical substances or other products - will be subject to lighter registration requirements. In many cases, where there is little risk of exposure, polymers and intermediates will be exempted from registration, the draft legislation provides.

It is expected that around 80 percent of all substances will only have to be registered, the rest will have to undergo evaluations for safety and subsequent authorization.

A new Chemicals Agency is proposed to manage REACH which will have the task of ensuring the efficient operation of the new system.

{Published in cooperation with ENDS Environment Daily, Europe's choice for environmental news. Environmental Data Services Ltd, London. Email: envdaily@ends.co.uk}