1. More on REACH Andrew Fasey andrew.fasey@ptkltd.com 15 November 2005 Univ of Virginia, USA

2. REACH: Registration, Evaluation, and Authorisation of CHemicals

3. Problems Burden of the Past WHY do we need REACH? Current chemicals management system is inefficient Difficult to identify risks – difficult to address risks: –Lack of information about most substances on the market –Burden of proof on public authorities –No efficient instrument to deal with problematic substances Lack of incentives for innovation Lack of confidence in chemicals

4. Lack of Information Lack of hazard data for most substances on the market: Unknown volumes & uses of most substances on the market Incorrect C&L & SDS: only 20% of substances & preparations in full compliance; 20% of errors for preparations ‘severe’. No ‘Official’ Data (20% of number) Limited Data (45%) Base Set (20%) Level 1 (10%) Level 2 (5%)

5. Objectives S ubstitution and precaution underpin system Solution: A New EU Chemicals Policy Sustainable Development –Protection of human health and the environment –Maintain/enhance innovation/competitiveness –Maintain the Internal Market –Increased transparency and consumer awareness –Integration with international efforts –Promotion of non-animal testing –Conformity to WTO obligations REACHREACH

6. A Tiered Approach What is REACH? Single coherent system for new (non phase-in) and existing (phase–in) chemicals Elements: –Registration of substances ≥ 1 tonne/yr (staggered deadlines) –More information and better communication through the supply chain –Evaluation of some substances by Member States –Authorisation only for substances of very high concern –Restrictions - the safety net –Agency to manage system Focus on priorities: –high volumes (early deadline) –greatest concern (CMRs early) High level of health and environmental protection with the goal of achieving sustainable development.

7. Registrant collects information, assesses risk(s) and implement/recommend relevant control measures Registration: general Scope –substances produced/imported ≥ 1 tonne/year –Isolated intermediates: reduced requirements. –Exemptions e.g. PPORD, polymers, non-isolated intermediates Tasks of the registrant (manufacturer/importer/only representative): –obtain adequate information (inc (Q)SAR and existing data) –perform CSR for substances > 10 tonnes/year (demonstrate adequate control per use) –send information to Agency by deadline (and to clients) Consortia encouraged (Pre-registration) No formal acceptance - industry retain responsibility

8. ‘Screening’ High data Intelligent Testing Strategies CSRs Registration: Timing Volume of substance produced or marketed (per manufacturer or importer) Registration period for existing substances (Deadlines in Bold) (assuming 2007 start) ≥ 1,000 tonnes p.a. or CMR 2007 - 2010 100 – 1,000 tonnes p.a. 2007 - 2013 10 – 100 tonne p.a. 2007 - 2018 1 tonne p.a. 2007 - 2018

9. Registration: Substances in articles Substance: dangerous and ≥ 1 tonne per m/i per yr (per article type)? Intended release Registration Unintentional release (quantity hazardous to HH or Env ) Release: known by producer/importer? made known to producer/importer? Notification Agency may require Registration Deadline: 2018?

10. Data sharing Information freely available after ten years Companies have to share animal test data – can share other test data. Share costs (incl for new tests) Non-phase-in substances: –Agency enables contact with previous, or potential, registrants Phase-in substances: –Potential registrants of substance: ‘SIEF’ (Substance Information Exchange Forum) Avoidance of unnecessary animal testing + save costs

11. Information through the supply chain What: –Expanded (M)SDSs with information from Chemical Safety Reports (CSR) - exposure scenarios –Information on risk management, authorisations, restrictions, registration number etc. –Information up the supply chain on new hazards Result? –more information on risks –downstream users benefit –dialogue up/down the supply chain- encouraged/stimulated Improve risk management

12. Downstream Users (DU) Manufacturer/importer CSR to cover all uses identified by downstream users. DU benefit from choice of: –supplier carrying out assessment, or –for confidentiality reasons doing own assessment. If using suppliers CSR just have to: –implement supplier’s RRM for identified uses If carrying own CSR will have to: –perform assessments only for ‘unidentified uses’ (using supplier hazard information) –inform Agency of ‘unidentified uses’

13. Provide confidence that industry is meeting obligations Prevent unnecessary testing Evaluation: Dossier evaluationSubstance evaluation Check test proposals Compliance Output: Further information decisions Info to other parts of REACH/other legislation Examine any information on a substance

14. Ensure risks from substances of very high concern are properly controlled ● Promote substitution. Authorisation CMR, PBT, vPvB, ‘serious and irreversible effects’; Prioritised (progressively authorised as resources allow); Applicant to show: –adequate control of risks, or –social and economic benefits outweigh the risks Socio-economic authorisation: normally time- limited –substitution plan considered DU can use suppliers authorisation

15. Safety net Restrictions Community wide concern MS or COM initiated (Annex XIV dossier) Agency Committees examine: –the risk, and –the socio-economic aspects involved –3 rd party comments Consumer use CMR substances - fast track possible. Commission - final decision through comitology Carry-over of existing restrictions (76/769/EEC)

16. European Chemicals Agency Day to day management of REACH –Technical, scientific and administrative aspects Responsibilities: –Registration - reject or require completion of registration –Evaluation - ensure a harmonised approach; take decisions. –Substances in articles - require registration –Authorisation/restrictions - facilitate process; suggest priorities. –Secretariat for Forum and Committees –Deal with appeals - registration, R&D, evaluation, confidentiality

17. SMEs: concerns taken into account Many SMEs are DUs –no registration - report information at most. –require their supplier to perform the safety assessment SME manufacturers and importers - likely to be in 1-10t range Will get shared data from large companies Supplier authorisation can be used by customers. SMEs benefit from the provisions to encourage innovation

18. Benefits Simplification Level playing-field for new and existing substances Improved innovation (higher demand for safer substances) –higher registration thresholds –more R&D flexibility Health : –workers and public –difficult to assess but estimated €50 billion (over 30 yrs). Environmental benefits hard to express in cash terms Conclusion: significant benefits

19. The knowledge gap REACH is designed to fill Costs Impact Assessment: –Direct costs: €2 billion (range €1.6 - 2.9 billion). –Total costs (incl to downstream users): €2.8 – 5.2 billion –Substance loss: 1-2%? 60 % of direct costs from testing –An indication of the amount of information industry has about its chemicals? Less than 0.1 % of yearly turnover over 11 years

20. Contact Andrew Fasey andrew.fasey@ptkltd.com www.ptkltd.com