Council of Ministers reach deal on REACH
December 13th 2005: Council agreement on REACH. The most important issues are described below.
Registration
The Council version of Registration is quite similar to the version adopted
by Parliament in the first reading. For chemicals in the 1-10 ton tonnage
band only a very limited set of tests is obligatory. Above this, companies
decide if a broader set of tests (listed as “Annex V”) are
necessary, according to set criteria. Contrary to Parliament, the Council
did not agree to require a Chemical safety assessment for all substances
above 1 ton.
For Chemicals in the higher tonnage bands waiving of certain tests are introduced in the same way as the Parliament did. Certain tests can be avoided according to certain conditions, and companies must justify the omission. Within 18 months after REACH enters into force the Commission is to develop criteria for when omissions are acceptable.
Authorisation
Contrasting to the Parliament vote, the Council maintained that evidence
of “adequate control” in itself should be sufficient ground
for granting authorisation (regardless if safer alternatives are available)
for carcinogenic, mutagenic and reproduction toxic (CMRs) and hormone-disrupting
(EDCs) substances with thresholds. This means that carcinogens, chemicals
that are toxic to reproduction (e.g. the phthalate DEHP) and endocrine
disrupting chemicals (such as bisphenol A) may to stay on the market,
even if safer alternatives exist.
For substances without thresholds - like PBT (Persistent, Bioaccumulative and Toxic), and vPvB (very Persistent, very Bioaccumulative) - the substitution requirements were strengthened. Authorisation of these substances will only be granted if the socio-economic benefits outweigh the risks and no suitable alternatives are available.
Unlike Parliament, Council has not specified time limits of authorisation, but left it on a case-by-case basis.
Information to consumers
The Parliament introduced the right for consumers to know if which chemicals
are present in articles. However the Member States did not support this
right to information and did not improve the original REACH text.
Duty of Care
The Council did not introduce a legally binding obligation for all chemical
producers despite the Parliament voted for a proper Duty of Care.
Next Step
The formal adoption of this Common Position will probably take place in
late June under the Austrian Presidency. After the position is submitted
to Parliament, the Parliament has 3 months to conduct a second reading.
Council subsequently has a further 3 months, and then if necessary, 6
weeks for conciliation between Parliament and Council are available. REACH
could then come into force early 2007.