13/02/2006
- WWF would like to confidently answer “yes”. But if the
new EU chemicals law is to deliver any of its expected benefits,
EU politicians must resist all further pressure from the
chemical industry and strengthen the text during the forthcoming
2nd Reading in Parliament and Council. Without improvements
to properly protect human health and the environment many
of the estimated €50 billion in benefits to human health
and the environment will be lost. 5 years ago today, the
European Commission adopted a White Paper outlining the
proposed new chemical policy. REACH (Registration, Evaluation
and Authorisation of chemicals) was to end the safety vacuum
that currently exists for chemical products in the EU market
(86 % of these chemicals lack proper public safety data).
The paper addressed the failures of current chemicals legislation
and aimed to give industry the responsibility for the safety
of their products. Industry was also supposed to provide
crucial safety information on chemicals, and replace substances
considered of ‘very high concern’ by safer alternatives
whenever possible.
But during 5 years of negotiations pressure from the industry,
some MEPs and some governments, has resulted in enormous
concessions, aimed at cutting the short-term costs for the
chemical companies at the expense of the long term benefits
for people and the environment.
No data, no market?
Under current legislation testing and assessing the risks
of new chemical substances to human health and the environment
are required before marketing in volumes above 10 kg. The
White Paper stated that ‘for higher volumes more in-depth
testing focussing on long-term and chronic effects has to
be provided’. Yet now proper safety data will only need
to be provided for chemicals above 10 tonnes per annum,
a thousand times higher than the requirements we currently
impose on new chemicals.
The White Paper stated also that ‘as a result of the systematic
testing of new substances about 70% have been identified
as being dangerous’. Thus, REACH was supposed to set up
a systematic approach to identify the hazards of chemicals
and take risk management measures. Yet Council & Parliament
voted for the majority of the 30,000 substances covered
by REACH not to systematically provide any basic health
and safety information. Furthermore, by substantially reducing
the number of safety tests, the potential 500 additional
substances that may induce cancers and reproduction problems
that the Commission was hoping to identify may now remain
undiscovered.
Lessons NOT learned.. The case of asbestos
Thinking about asbestos-like substances, for example, the
White Paper admitted that ‘measures were not taken until
after the damage was done because knowledge about the adverse
impacts of these chemicals was not available before they
were used in large quantities.’ Yet the European Parliament
and Council have decided that registration should not apply
to future asbestos-like substances, eliminating the potential
of REACH to serve as an early warning system. In other words,
if the current text is adopted, REACH may not be able to
prevent what happened with asbestos.
What to do with the worst chemicals?
One of the most important objectives of the White Paper
was to ‘encourage the substitution of dangerous by less
dangerous substances where suitable alternatives are available’.
Still the Council Common Position forces the authorities
to allow the continued use of chemicals that may put human
health and the environment at risk if industry argues that
they are ‘adequately’ controlled.
According to the Council’s text hormone disrupting substances,
for instance, would only require an authorisation when there
is ‘scientific evidence about probable serious effects to
humans and the environment’. This implies that damage would
have already occurred before action is taken, overturning
the precautionary principle that the Commission’s White
Paper was so keen to promote * .
Right to know VERSUS industry secrecy
REACH was supposed to grant EU citizens access to information
about chemicals to which they are exposed. ‘Information
should enable the consumer to make a judgement on whether
alternative products on the market are more favourable in
terms of their intrinsic properties and risks’, stated the
White Paper. But whilst the European Parliament and Council
voted to give the public access to environmental information,
they have at the same time increased confidentiality for
the chemical industry, thereby seriously limiting the consumer’s
right to know.
A responsible industry?
One of the major steps taken by the White Paper was to give
industry a legal responsibility for the safety of their
products. ‘The Commission proposes to shift responsibility
to enterprises, for generating and assessing data and assessing
the risks of the use of the substances’ said the White Paper.
5 years later, for most of the chemicals produced between
1-10 tonnes –and even above- the European Parliament and
Council have been shifting the responsibility back to the
authorities and allowing industry to carry on using them
without knowing whether or not they are safe.
After 5 years of discussion there is serious doubt that
REACH - without significant improvement at Second Reading
- will now deliver the human health and environmental benefits
that were highlighted in the 2001 White Paper. The European
Parliament, European Commission and national governments
made far too many concessions at First Reading to please
the chemical industry. I
f policy makers want REACH to deliver the estimated €50
billion in benefits, then Members of the European Parliament
and the Council should reverse the weakening of REACH and
require chemical manufacturers to provide the necessary
safety information to identify chemicals of high concern
and replace them by safer alternatives whenever they exist.
* The White Paper stated:
Fundamental to achieving these objectives is the Precautionary
Principle. Whenever reliable scientific evidence is available
that a substance may have an adverse impact on human health
and the environment but there is still scientific uncertainty
about the precise nature or the magnitude of the potential
damage, decision-making must be based on precaution in order
to prevent damage to human health and the environment. |