Implementing REACH: the New EU Chemicals Regime

Things are hotting up in relation to the EU's controversial chemicals regime. The Commission is poised to adopt a decision identifying the first substances of very high concern to be included in a so-called candidate list. If these substances are included on the 'final list for authorisation' in due course (and it seems very probable that they will) they will require authorisation before being being used in the EU, including when they are used in consumer products. While the criteria for identifying substances of very high concern is 'hazard-based', the conditions for authorisation bring risk assessment and socio-economic balancing into play. For substances of very high concern, including those on the candidate list, consumers will be able to request producers and importers in the EU to tell them, upon request, which such substances are included in consumer articles. Also interesting is the fact that the REACH framework for identifying substances of very high concern have been used by the International Chemical Secretariat to prepare a longer list of nearly 300 substances which meet the REACH criteria (the so called SIN List I). Already, in the United States, the Environmental Defense Fund has issued a detailed report identifying which US companies produce or import any one of these substances, also disaggregating the information state by state. The aim of the report is to ‘serve as an early warning to companies making and using these dangerous chemicals that they will be at a competitive disadvantage unless they proactively seek to eliminate exposures and develop safer alternatives’.