REACH review recommends cutting registration fees for SMEs

The use of chemicals in Europe has become considerably safer since the REACH (Regulation on Registration, Evaluation, Authorisation and restriction of CHemicals) regulation entered into force, according to a new European Commission (EC) report.

More readily available information about chemical substances on the market and better-targeted risk management measures mean that risks from substances registered under REACH have significantly decreased. The trend is expected to continue, as industry works towards finding substitutes for the most hazardous chemicals.

Five years after REACH came into force, implementation is in full swing. Companies have now registered 30,601 files with the European Chemicals Agency (ECHA) describing the uses and properties of 7,884 chemical substances manufactured or available on the market.

The main findings of the EC’s Review of REACH are that the scheme functions well and no changes to its terms are proposed.

But the report says improvements should made to the quality of registration dossiers, to enhancing the use of data sheets and to addressing issues related to cost sharing within Substance Information Exchange Forums (SIEFs).

It also recommends reducing the financial and administrative burden on SMEs and will soon propose reducing their registration fees. In addition, the EC says enforcement could be improved.

Companies are facing their responsibilities and as a result we have better data about the chemicals they produce and place on the market

The report finds that considerable alternative methods to animal testing have been developed and will continue: since 2007, the EC has made available €330m to fund research in this area.

Although the report identifies a need for some adjustments to the legislation, the EC wants to ensure legislative stability and predictability for European businesses. No changes to REACH's main terms are therefore proposed at present.

European Commission Vice-President Antonio Tajani, Commissioner for Industry and Entrepreneurship, and Janez Potočnik, Commissioner for Environment, said: ‘This report shows that REACH works. Companies are facing their responsibilities and as a result we have better data about the chemicals they produce and place on the market. We are off to a good start, and this would not have been possible without persistent efforts by the ECHA. However, there is still work to be done to ensure a high level of protection of human health and the environment.’

The EC will now discuss the outcomes of the REACH review with the European Union.

In cooperation with EU countries and the ECHA, the EC is developing a roadmap to assess and identify substances of very high concern (SVHC). It says it will set out clear milestones, deliverables and the division of work between the EC, member states and the ECHA to place all relevant known SVHCs on the candidate list by 2020.

While the ECHA said the REACH review supported its strategic objectives, Geert Dancet, Executive Director, said the many new assignments that the legislation provides for the Agency could only be met if it ‘receives adequate staffing and revenues through fees or subsidies’.

We urgently need the Commission to tackle the regulatory minefield so that we can all be clear on what the law is

The UK’s Chemical Industries Association (CIA) said it was disappointed with the review, which had not properly tackled the regulatory minefield.

‘What we need and were promised from REACH is a piece of legislation that would encompass the many and varied pieces of law affecting working with chemicals making it easier for businesses, NGO’s, trade unions, governments and others to understand and work with. Some five years after the introduction of REACH we still don’t have that,’ said Dr Joanne Lloyd, Director of Chemicals Policy at the CIA.

Lloyd continued: ‘This five-year review which was supposed to deal with the anomalies has fallen far short of providing the necessary clarity. We urgently need the Commission to tackle the regulatory minefield so that we can all be clear on what the law is. We will be setting out these concerns in detail to the Environment Directorate General of the European Commission and to UK MEP’s. This will have a disastrous effect on smaller companies who will be hit by the next round of REACH implementation which assess chemicals produced and imported in smaller quantities.’

The next deadline under the REACH regulation is 31 May, by when industry must register all phase-in substances manufactured or imported in the EU at or above 100 tonnes a year.