8.7 Conclusion

The objective of this chapter was to analyse the consumer's right to information. As this right is considered to be one of the most important consumer rights, also under REACH, the REACH Regulation was evaluated in sections 8.2 and 8.3 with a focus on the provisions that deal with consumer protection. On the basis of this research, the author has identified certain problematic elements. Examples are: the registration criterion of chemical substances is based on volumes rather than on health impact and the information that consumers can request is limited to only a few hazardous substances.

In section 8.4, REACH was compared with other EU legislation that directly or indirectly concerns the consumer's 'right to know'. Inconsistencies were discovered between the terminology used in REACH and in the GPSD. This does not improve the effectiveness of the EU legislation. Neither does it strengthen the position of EU consumers. Furthermore, an analysis was conducted regarding obligations on companies to set up systems so that they can trace products and ingredients throughout the supply chain. Product traceability requirements were found under REACH, the General Food Law, the Tobacco Directive, and the Fish Regulation. It is contended that such a system will help companies in providing answers to consumers.

Section 8.5 revealed that the right to information under REACH is not easy to enforce. The outcome of an experiment undertaken as part of the study for this chapter demonstrated that not all companies respond clearly to a question submitted to them concerning possible chemical substances in one of their products. Moreover, an examination of the Dutch procedures set up for enforcement of a consumer's right to information has shown that these procedures are notnecessessarily effective or adequate for these types of rules.

Furthermore, the question was posed whether it is sufficient for a consumer wanting to make an informed purchase decision to only receive information on the presence of chemical substances. An argument was made in favour of consumers who wish to receive full product information that also includes the societal aspects of production. Section 8.6 assessed a new legislative proposal that is being prepared in the Netherlands, the WOP. It intends to provide a consumer with the right to information on societal aspects of a product. The results of a second experiment showed that only a small portion of companies made an effort to answer the questions posed. Apparently, legislative pressure helps companies in dedicating resources to answering consumer questions. As both authorities and the private sector indicate that consumers have to ask for more responsible supply-chain strategies, this presents itself as an interesting field for further research. More in-depth studies are surely needed.