CONFERENCE ON NEXT STEPS FOR REACH LEGISLATION

UNCLAS VIENNA 001105

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: SENV EIND ECON PGOV AU
SUBJECT: CONFERENCE ON NEXT STEPS FOR REACH LEGISLATION



1. On March 30 and 31, the Austrian Presidency hosted an
experts workshop, entitled "REACH At the Edge of the Second
Reading," to discuss next steps. Officials from all 25
Member States, the EU Commission, the EU Parliament (EP),
industry and NGOs participated.


2. Thomas Jakl from the Austrian Ministry of Agriculture
and Environment, Gian Marco Currado from HMG, and Patrick
Hennessy from DG Enterprise, agreed that Council and EP
positions are not far apart, and therefore they should move
forward as quickly as possible. Yvon Slingenberg, from DG
Environment gave a lengthy report on regional implementation
projects, concluding that REACH was workable. Slingenberg
noted that industry seminars, such as the one the downstream
user group PRODUCE organized, have come to similar
conclusions. In the ensuing discussion, some Member States
(particularly the Netherlands, the Czech Republic and
Hungary) expressed concerns about the costs associated with
setting up the necessary timely procedures, as well as
establishing the European Chemicals Agency in Helsinki.


3. Several MEPs (Guido Sacconi, Environmental Committee;
Edit Herzog, Industry Committee; and Hartmut Nassauer,
Internal Market Committee) emphasized that they want to
avoid a drawn-out negotiation process with the Council.
However, they also would not like the Council to put the EP
under any time pressure. Industry representatives pointed
to some weaknesses in the Council proposal. In their view,
the Council proposal is better on Authorization, but lags
behind on Registration and Evaluation, where it puts heavy
burdens on SMEs. Nassauer demanded changes on scope, data
sharing, recognition of old data, and property protection in
order to reach a deal. Nassauer claimed that the
documentation requirements outlined in Article 6 of the
REACH proposal on "Substances in Articles" is burdensome for
EU SMEs, particularly compared to requirements for exporters
to the EU. In a discussion on the margins, Nassauer
stressed that he does not want to erect new requirements for
importers, recognizing this would not be WTO compliant.
Rather, he supports relief for SMEs.


4. Representatives from industry (Alain Perroy, Cefic; and
Jean-Paul Mingasson, Unice) voiced major concerns,
particularly on confidentiality of data (concerns about
competitiveness and rewards for R&D research); substitution
of substances; and failure to authorize on the basis of
risk, instead of volume. Overall, they consider the Council
proposal "less damaging" than the EP proposal, but not in
all aspects.


5. Ninja Reineke from the environmentalist NGO WWF raised
concerns from the other end of the spectrum, calling for a
paradigm shift. In her view, industry must replace
hazardous chemicals with safer alternatives whenever they
exist. Moreover, authorities need to inform the public and
the "Duty of Care" requirement should clearly reside with
industry.

KILNER#