MEPs hold key to REACH as political accord approaches

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Series Details Vol.11, No.39, 3.11.05
Publication Date 03/11/2005
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By Anna McLauchlin

Date: 03/11/05

Broad political agreement between the European Commission and national governments on EU chemicals legislation REACH is just days away, according to EU sources. But an official line could be delayed if the vote in the European Parliament cannot go ahead on 17 November as scheduled.

The latest draft text from the UK presidency, circulated to member states on Friday (28 October), will form the basis of the agreement, sources say. The Commission is also to discuss the European Parliament's amendments - deadline 9 November - on 11 November before publishing its final opinion.

The presidency's text, seen by European Voice, presents slightly more relaxed registration requirements than previous drafts, but does not go as far as the Commission's unofficial paper presented to a Council working group in September.

Under the latest text, chemicals imported or placed on the market in quantities under 10 tonnes would only have to be registered with the European Chemicals Agency if they evoked a high degree of concern.

The chemicals industry, supported by small businesses which would be most heavily affected by this part of the law, had pushed strongly for this relaxation but environmentalists have criticised the decision. According to a paper published by the Danish Environmental Protection Agency, this is likely to see around 13% of all chemicals in this quantity band being registered.

Member states have also agreed to waive two of the tests for those chemicals imported or produced between 10-100 tonnes. And companies importing or producing more than 100 tonnes of any chemical could be exempt from performing certain tests provided that they can prove that there is no risk of exposure.

On the authorisation of chemicals, while the Commission and some MEPs had veered towards allowing companies to continue to use a chemical if its release into the environment could be controlled, under the UK text they would have to substitute the most harmful chemicals where substitutes are available.

Other clarifications include full exemption for all minerals and ores.

Formal agreement on any text could be delayed, however. Though the plenary vote is still officially planned for 17 November, industry sources say that some MEPs are putting pressure on the Parliament to delay proceedings, claiming that there will not be enough time to consider the amendments on such a big dossier in just five days.

German deputies supporting their country's huge chemical industry are also keen to postpone the vote to allow the new German government to settle in and strengthen their case against too stringent rules.

But it is not clear to what date the vote might be postponed, as there is a packed agenda for December and a vote on the equally huge and contentious services directive is already pencilled in for January.

Article reports that although there was broad political agreement between the European Commission and national governments on the EU's proposed chemicals legislation, REACH, there could be a delay if the vote in the European Parliament was prevented from going ahead on 17 November 2005 as scheduled.

Source Link http://www.european-voice.com/
Related Links
European Commission: DG Enterprise and Industry: REACH http://ec.europa.eu/comm/enterprise/reach/index.htm
European Commission: PreLex: COM (2003) 644-1, 'Proposal for a Regulation [...] concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (Reach) [...] http://ec.europa.eu/prelex/detail_dossier.cfm?CL=en&ReqId=0&DocType=COM&DocYear=2003&DocNum=0644

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