EU and Parliament agree REACH deal

Brussels - REACH is getting closer and is still on track to be in place in 2007, following the latest informal agreement between the European Parliament and the Council of Ministers, achieved on Friday.

The deal will be put before the European Parliament on Wednesday 13 December, just in time for an EU Heads of Government Summit on 14-15 December, at which it is likely to get the formal go-ahead. The Council of Ministers needs to give final approval, after which it will enter into law. This is now likely to happen before the year's end. Assuming this timetable goes forward, REACH legislation is likely to be in force from the middle of 2007.

The latest deal favours the chemical industry over environmentl campaigners. it permits continued use of between 1500 and 2000 'substances of high concern', provided that processes are 'adequately controlled'.

This phrase, 'Adequate control' is defined in the small print. Cefic says, "Adequate control (as part of all the processes of Registration, Evaluation, Restriction and Authorisation) applies when a threshold can be established, and exposure is below this threshold *. Identifying these threshold concentrations is described in the REACH text and is part of the quintessence of REACH. If an exposure threshold for safe use cannot be established, then the question of adequate control cannot be conclusively addressed. If this is the case, REACH requires additional safeguards to ensure that exposures are minimised."

According to the Royal Society for Chemistry, "The revised Reach regulation now requires producers and importers to present an analysis of possible alternatives to hazardous substances. If alternatives are available, the applicants must produce 'substitution plans' showing how they intend to phase out the hazardous substance. If alternatives are not available, the applicants must present an R&D programme aimed at finding alternatives."

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RSC (UK) story and commentary

REACH compromise under fir Euractiv.com (Belgium)

What does adequate control mean? Cefic (Belgium)