Einde inhoudsopgave
Corporate Social Responsibility (IVOR nr. 77) 2010/8.2.1
8.2.1 Background
Mr. T.E. Lambooy, datum 17-11-2010
- Datum
17-11-2010
- Auteur
Mr. T.E. Lambooy
- JCDI
JCDI:ADS367026:1
- Vakgebied(en)
Ondernemingsrecht (V)
Voetnoten
Voetnoten
Note 9 supra [REACH].
Commission, 'REACH in Brief, Environment Directorate-General, October 2007. Available at http://ec.europa.eu/environment/chemicals/reach/pdf/2007_02_reach_in_brief.pdf, accessed on 24 June 2010.
P. Bormann, D. Kappers, 'What impact will REACH have on consumer protection?',in Chimia, vol. 60, No. 10, 2006, pp. 651-655.
REACH Compliance B-lands Consulting, The scope of REACH legislation. Available at: http://reach compliance.eu/english/legislation/reach-scope.html, accessed on 24 June 2010.
ECHA, REACH: the New Chemical Legislation, 2007. See: http://ec.europa.eu/environ-ment/chemicals/reach/pdf/reach_me_flyer_en.pdf, accessed on 24 June 2010.
Exempted from the obligation to register in accordance with article 2(7)(b) REACH are natural substances which are substances that occur in nature and that have not been chemically modified during manufacturing, unless they meet classification as dangerous according to Council Directive 67/548/EEC, of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labeling of dangerous substances 1976, OJ L196, note 9 supra [REACH] [Annex V]. Examples are: ores, minerals, natural gas, crude oil. Note 9 supra [REACH] [Annex V].
A substance is 'a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition', note 9 supra [REACH] [Art. 3].
Commission, Environment, Chemicals: REACH, at: http://ec.europa.eu/environment/che-micals/reach/reach_intro.htm, accessed on 24 June 2010.
ECHA was created by the Regulation in order to manage the database necessary to operate the system, to co-ordinate an in-depth evaluation of suspicious chemicals and to run a public database in which information can be found.
The REACH Regulation was adopted by the EP and the Council on 18 December 2006.1 REACH entered into force on 1 June 2007. The long awaited Regulation has replaced approximately 40 pieces of previous EU legislation on chemical substances. The main problem with the former EC legislative framework was the lack of a harmonised approach. Moreover, this system did not produce sufficient information regarding the effects of the majority of existing chemicals on human health and the environment.2 Prior legislation drew a line between 'existing' and 'new' chemicals, i.e. all 'new' chemicals had to be tested for potential harmful effects to human health and the environment. However, similar requirements did not apply to the 'existing' 30,000 chemicals on the market.3 Moreover, risk management measures of the possible hazards of substances and their impact on human beings and the environment were not properly addressed.
REACH is an attempt to improve the legislative framework for chemicals, including 'existing' chemicals. The Regulation aims 'to ensure a high level of protection for human health and the environment'.4 Overall, REACH requires the registration, over a period of 11 years, of about 30,000 chemical sub-stances.5 It covers almost all chemicals, with the exception of chemicals in food and medicines, which are excluded because they are covered by other EU laws.6 'Natural substances' are also excluded.7
From a consumer protection point of view, REACH has important implications. It requires industries to provide consumers with safety information on substances.8 consequently, REACH makes industries responsible for assessing, and providing information on potential risks of chemicals. Pursuant to REACH, importers and manufacturers are obliged to collect information on the properties of chemical substances in order to ensure their safe handling.9 This information must be registered in a central database supervised by the European Chemicals Agency (ECHA)10 in Helsinki. Permission to continue manufacturing and importing these chemicals in the EU is dependent upon this. Each chemical substance should be registered before expiration of the applicable deadline (i.e. the 'full registration date').