‘REACH Draft Regulation Moves a Step Closer to Reality’ – Minister Killeen

Minister Tony Killeen, T.D., Minister for Labour Affairs today welcomed today’s (Tuesday 13^th December 2005) decision of the Council of Ministers which moves the draft REACH Regulation (Registration, Evaluation and Authorisation of Chemicals) a step closer to reality.

Minister Killeen who was speaking in Brussels following a Special Meeting of the Competitiveness concerning REACH said “this proposal is of great importance to Ireland and the EU, ensuring greater protection for human health and the environment on the one hand, while strengthening the competitiveness of industry in Europe on the other”. He further expressed gratitude to the UK Presidency for adopting the changes proposed by Ireland, ensuring that the draft Regulation is “balanced, industry-friendly, and sensible; maintaining the potential for innovation and reducing unnecessary administrative burdens in industry without any further impacts on health and the environment”.

There had been a number of concerns expressed by Ireland in negotiations on REACH, which had now been largely addressed. The final – and most important – outstanding issue for Ireland had been on Authorisation, the requirement for an importer or manufacturer to be permitted the use of hazardous substances in its processes.

The Minister argued at Council that many substances are essential to industry and to the retention of jobs, and that account should be taken of appropriate measures which are currently taken by industry to ensure that human health and the environment are not threatened. In light of the balance sought between Environment and Industry, allowing industry to use these chemicals in a workplace, while taking all appropriate steps to ensure no adverse effects on workers, consumers and the environment, is sensible and necessary. The Minister underlined that this concession did not in the least reduce the effect of REACH on ensuring health and the environment, but would provide security and certainty to industry.

Other key concerns for Ireland were Registration and Confidentiality. The Minister welcomed the targeted approach to the registration of chemicals depending on the quantities manufactured or imported per annum. The draft Regulation provides for substances manufactured or imported in quantities of 1-10 tonnes per annum to undergo a series of tests; substances in the 10-100 tonnes would be subject to an additional battery of tests; with further tests for the 100-1,000 tonne and 1,000+ tonne ranges, reflecting the concerns that substances used in the highest quantities should be scrutinised early, and extensively, with decreasing requirements for substances in less use. The Regulation also provides for joint registrations by different manufacturers and/or importers, greatly simplifying the procedure for companies, especially SMEs.

Ireland had had concerns about confidentiality, which have now largely been addressed in the current text, which allows for companies to opt-out of joint registrations if necessary on the grounds of confidentiality, if it would be disproportionately costly to jointly register, or if a company disagrees with information to be registered by another company. Ireland has successfully managed to include safeguards in the text which protects the confidential elements of a company’s work.

The Minister said “I am satisfied that the confidentiality provisions in the Regulation will remove the doubts expressed by companies that their business secrets would be made generally available. This will not reduce in any way the obligation on business to accept responsibility for the substances they use and manufacture, but it will give them some reassurance that their commercially sensitive information will remain confidential and will not be disclosed. The One Substance One Registration principle will also allow firms to share costs, share information and data, and share resources when registering their chemicals”.

ENDS

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