Houston (Tex.) Chronicle  [Printer-friendly version]
December 13, 2006

EUROPEANS PASS CHEMICAL REGULATION LAW

[Rachel's introduction: The Houston Chronicle says, "Some dangerous
chemicals could be banned from the European market and about 30,000
substances used in everyday products ranging from detergents to toys
will have to be registered in a central European Union database under
a law approved Wednesday."]

By Jan Sliva, Associated Press Writer

Strasbourg, France -- Some dangerous chemicals could be banned from
the European market and about 30,000 substances used in everyday
products ranging from detergents to toys will have to be registered in
a central European Union database under a law approved Wednesday.

The European Parliament passed the law -- one of the most complex and
far-reaching EU regulations ever -- after years of haggling marked by
intense lobbying by the European chemicals industry and by protests
from environmentalists who sought more restraints on the industry.

The law, a compromise balancing health and environmental concerns
against fears that excessive red tape would stifle business, puts the
burden of proof on companies to show that industrial chemicals and
substances used in everyday products are safe.

It is likely to take effect in mid-2007.

"It is a major step forward for public health, workers' safety and
protection of the environment. In the end, we want to get rid of the
most dangerous chemicals while boosting research and development in
Europe," said Italian Socialist Guido Sacconi, who was charged with
steering the legislation through the EU assembly.

Under the rules, producers will have to register the properties of
chemicals with an agency to be set up in Helsinki, Finland, that will
have powers to ban those presenting significant health threats.
Companies will be required to gradually replace the most high-risk
chemicals -- so-called persistent, bioaccumulative and toxic
substances _ where safer alternatives exist. If no alternative exists,
producers will have to submit a plan to develop one.

Because of fears over potential job losses, the parliament scaled back
chemicals-testing requirements in the first reading of the law --
known as REACH, for Registration, Evaluation and Authorization of
Chemicals _ last year. Some 13,000 substances, deemed of high concern,
face automatic testing, but almost all tests were waived for little-
used chemicals of which only 1 to 10 metric tons are produced or
imported into the EU annually.

EU governments further scaled back the law passed Tuesday on second
reading in an effort to reduce costs for the EU's chemicals industry,
worth about $582.9 billion and employing 1.3 million people in 27,000
companies.

The registration process for all of the 30,000 chemicals should be
completed in 11 years. The first stage of the process aims to register
substances that are produced in the largest quantities and the most
harmful ones, such as carcinogens, mutagens and toxins affecting
reproduction.

The direct costs of supplying safety information about a substance
range from $26,500 to $530,000, depending on the volume of data
requirements, according to the parliament.

REACH replaces some 40 directives currently governing the use of
chemicals in the EU. In the past, companies could sell almost any
chemical without being required to provide detailed health and safety
information.

The compromise has been criticized both by industry, which complains
it is too complicated and will burden companies with unnecessary
bureaucracy, and environmentalists, who say it will allow dangerous
chemicals to enter the market through loopholes.

"This deal is an early Christmas present for the chemicals industry,
rewarding it for its intense and underhand lobbying campaign. We are
deeply worried that the key goal of this legislation -- to offer EU
citizens and the environment sufficient protection from dangerous
chemicals -- appears to have been lost in the haste to agree a
compromise," said lawmaker Caroline Lucas of Britain's Green Party.

Environmentalists are also worried that under REACH, many high-concern
chemicals will be allowed onto the market if producers can prove they
can adequately control them.

The United States has also expressed concern about the law, worried
about its effect on U.S. exports. But EU leaders said the legislation
would set a global standard and called on the Americans and other
nations to adopt similar restrictions.

"From a global perspective, the safety requirements established by
REACH will be on a completely new level," said Finnish Trade Minister
Mauri Pekkarinen, speaking for the EU presidency.