LEGISLATION
For its part, the Commission pledges to be ready specialist committees made up of member until 2011 and those with concerns about
with interim staff, implementing legislation, states representatives and chaired by the the interpretation and practicality of Article 7
procedures and IT systems to enable the agency European Commission, which deal with the (deals with definitions of chemical substances)
to become fully operational by the target date technical implementing legislation needed in REACH should start to consider what changes
of April 2008. Already the Commission has to put into force the broader principles of they would like to see in the article now.
“rowed back” from some commitments when EU legislation. Under the new commitology
a senior official admitted last November that rules an absolute majority of MEPs can veto a In short, the legislation may be about to come
certain guidance documentation will not be decision approved by a regulatory committee up into force but the legislative process is far from
available until the end of 2007. to three months afterwards. complete.
Though the recruitment of staff for the ECA has
commenced, the process is likely to be difficult
before the legislation is fully adopted. First
What will be the final outcome for REACH?
reports indicate a low level of interest from
It’s not yet clear but you can say that the European Parliament will
potential staff.
play its part to produce a legislative text very different in several
Already there have been warnings that
important aspects from the original Commission proposals
the agency could find itself under financial
pressure if the proposed e30 million budget is
not increased to cover the tasks added to its
planned workload during the legislative process.
This in turn raises questions about the size of
the fees foreseen to be paid by industry, which
are expected will make up some 80% of agency
revenues. Any proposed legislative changes to REACH What will be the final outcome for REACH?
will be subjected to this new process. Industry It’s not yet clear but you can say that the
It’s quite clear to me that the industry must now also assess what can practically be European Parliament will play its part to
representative organisations will not just have to done to resolve its remaining concerns with produce a legislative text very different in
set up systems to help and advise their members the legislation and to respond to the renewed several important aspects from the original
with their applications to the ECA but will have challenges of the Green NGOs. Commission proposals.
to take a proactive interventionist approach in
their dealings with the new agency and deciding The views of the different stakeholders Political trends in the European Parliament and
just exactly which actions national chemical regarding the direction that the REACH elsewhere will make it probable that industry
representative organisations need to take. Directive text can take are clearly going in will win its arguments over the environmental
opposite directions. So what can be done NGOs and the proposal will prove a workable
So we now move into the implementation about that? The industry faces a number of and practical way to deal with the approval
phase of REACH with the Commission already challenges, the first being to defend the and use of new and old chemicals than the
struggling to meet promised deadlines and with progress made so far. Commission’s proposals.
stakeholders in the process already expressing
dissatisfaction with the recently completed However, more needs to be done to simplify But do not rest easy yet! There is still a long
legislative phase. and clarify the registration requirements. The way to go. The processes of implementation
authorisation procedure needs to be speeded look likely to be long and onerous and who
The NGOs have an incomplete agenda that up to ensure that substances undergoing an knows what the WTO will make of some parts
they will certainly continue to pursue. Building over lengthy authorisation process are not of the new regulation. But if the industry
upon what they have already achieved, they stigmatised. The substitution principal is fairly continues with its efforts it has much to gain
will seek ways to ensure that the Commission widely supported, but how and when it can be with the creation of a more business-friendly
and the ECA adhere to the most stringent best applied needs to be made clear. legislative environment.
interpretation of the yet undecided elements
of the implementation package, ie, most of it! One Substance One Registration (O.S.O.R.) No one wants REACH to fail; we all want it to
The focus of much of the NGOs’ effort will be seems to have been accepted by most parties, work, but much remains to be done to avoid
the European Parliament. and there is generally good support for the looming problems and finalise a legislative
reduced registration requirements for low- text that can be made to work.
The parliament is likely to exploit its recently tonnage substances. But the industry should be
acquired increased powers of scrutiny over ready to mount a defence of these issues from David Bowe is a former British MP and MEP
EU legislation. Last June, the parliament won an NGO assault on them. who now works as a public affairs
a long battle to achieve changes in the so- consultant.
called ‘commitology procedure’. Commitology The registration of Substances of Very High
describes the rules governing the many Concern (SVHC) in articles is not foreseen
www.agrow.com  •   July 2007 23
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