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REACH in a nutshell

FUTURE EU CHEMICALS POLICY: The View of the American Chamber of Commerce Jonathan Kapstein Director Corporate Communications, International Lyondell Europe Warsaw, November 26th 2004. REACH in a nutshell.

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REACH in a nutshell

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  1. FUTURE EU CHEMICALS POLICY: The View of the American Chamber of Commerce Jonathan KapsteinDirector Corporate Communications, International Lyondell EuropeWarsaw, November 26th 2004

  2. REACH in a nutshell  REGISTRATION: For any substance above 1 ton: Producers / Importers to notify authorities of intention to produce / import substances. • Information dossier to contain: Identities + properties, Intended uses, Estimated human + environmental exposures, Production quantity, Proposal for classification + labeling, Preliminary risk-assessment covering intended uses, Proposed risk assessment measures EVALUATION of Registration dossier for completeness check + Evaluation of substances. Producers / importers may have to propose a strategy for further testing AUTHORIZATION for substances that are Carcinogenic, Mutagenic, or Toxic to reproduction (CMR’s) & Persistent Organic Pollutants (POP’s). General prohibition applies, unless specific exemption is delivered.

  3. Key elements of REACH Registration information and timetable

  4. Übersicht (5) Source: http://europa.eu.int/comm/enterprise/chemicals/chempol/whitepaper/reach.htm

  5. Future EU Chemicals Policy Industry comments  Fully supports sound scientific, practical policies to promote the safe management of chemicals on a global basis • Fully supports the objectives of REACH and its underlining principles • We see improvements in the scope but the proposal should substantially be improved to be workable for industry and authorities

  6. Future EU Chemicals Policy Main concerns • Hazard-based legislation • Burdensome & disproportionate requirements (Excessive data requirements = unnecessary animal testing + higher costs + need to develop new testing methods) • No coordination with programs developed in other trading blocks • Risk of disruption with EU single market (no central decision-making role for the chemicals agency) • Confidential business information not protected

  7. Future EU Chemicals Policy Areas for substantial improvements  Central responsibility of the European Chemicals Agency • Prioritization of substances (30.000 substances in 11 years!) • Shift focus from hazard to risk-based decisions • Realistic timelines and simplified testing obligations • Transparent and simplified decision-making process • Proportionate requirements • Protection of confidential business information • Mutual recognition between global chemical management schemes • Clarification scope versus other regulatory schemes (avoid overlap & duplication) • Authorization/Restriction as a follow-on step to registration + evaluation • Further assessments of the impact on industrial competitiveness

  8. Legislative process & timing(estimation) Commission’s Proposal (Oct.03) Council of Ministers European Parliament Competitiveness Council leads  Ad Hoc Working group on Chemicals – High level reading  New EP • Environment committee likely to lead •  Enhanced collaboration procedure • (‘Hughes’) would apply IRL (1/04) NL (2/04) L (1/05) 1. Vote in Plenary on Report & Amendments = 1st Reading (2005) 2. Council develops a Common Position (2005-2006??) UK (2/05) 3. EP reviews Common Position = 2nd reading A (1/06) F (2/06) 4. Council rejects some Amendments Conciliation leading to Adoption ( 2006/2007??)

  9. Council Ad hoc Working Group • Fundamental themes raised Prioritisation “One substance – One registration” Data sharing – avoid unnecessary animal testing, further analysis required regarding consortia, confidentiality, costs, information to others Role of Agency Authorisation- extension of scope, substitution, inter-relationship authorisation and restriction Necessity of adequate impact assessments  Duty of Care (liability)

  10. ALDE, 87 GUE/NGL IND/DEM, PES 36 EPP-ED, 268 Greens/EFA Greens/ IND/DEM EFA, 42 ALDE PES, 200 UEN, 27 EPP-ED Others, GUE/NGL, UEN 41 30 Others EP (Results elections June 10-13) UK: 13 seats Germany: 49 seats Germany: 13 seats France: 31 seats Spain: 24 seats

  11. Polish MEPs by Political Groups EPP-ED Group of the European People’s Party (Christian Democrats) and European Democrats IND/DEM Independence/Democracy Group PES Socialist Group in the European Parliament UEN Union for Europe of the Nations Group NI Non-attached Members ALDE Group of the Alliance of Liberals and Democrats for Europe

  12. The way forward  WTO process follow-up  Continue to advocate fundamental changes  Continue to advocate for an extended impact assessment  Conduct impact assessment on bilateral trade and investment flows  Continue to promote regulatory and convergence /harmonization of chemical regimes  Continue dialogue with DG Trade & DG External relations  Open dialogue with Parliamentary Inter-groups

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