POSITION | ENVIRONMENT | CHEMICAL REGULATION
REACH-Revision Contribution to the public consultation
13.04.2022 Summary In the revision of the REACH regulation envisaged by the EU Commission, serious changes with considerable tightening of the regulation of chemicals are planned. This includes, among other things, additional registration requirements, the introduction of a "mixture assessment factor (MAF)”, the extension of the "generic approach to risk management (GRA)” and the establishment of an "essential use concept". The measures proposed by the Commission are intended to make chemicals regulation more hazard-based in the future. German industry views the paradigm shift from risk-based chemicals legislation to hazard-based chemicals legislation with great concern, as it can be assumed that this will massively restrict the availability of substances. This will severely impair the innovative capacity of European industry and the possibility of further technological developments. It must still be possible to produce and use hazardous chemicals in the future if there is no unacceptable risk to humans or the environment. This is a crucial prerequisite for the continued production of sustainable products and value creation in Europe. In order not to jeopardize the sovereignty of European industry against the backdrop of the current challenges, the revision of the REACH Regulation must be carried out with a sense of proportion. In particular, the following aspects should be considered. ➢
Risk-based regulation of chemicals must be maintained. Hazardous chemicals must be allowed to be used in Europe in the future if there is no unacceptable risk for humans or the environment.
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Registration and information requirements must be based on a tiered approach and be designed to be practicable and implementable.
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The risk-based approach of the restriction procedure allows for appropriate regulation of chemicals and should be maintained. Switching the restriction process to the hazard-based "generic approach" is disproportionate.
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Positive aspects of the authorization procedure should be retained but the scope should focus on cases where non-REACH measures and restrictions are less suitable, and the process must be simplified.
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In order to always select the best and most efficient risk management measure/regulatory option, a transparent procedure must be established right at the beginning of the regulatory process (e.g. RMOA).
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We reject the comprehensive application of an "essential use concept". The production and use even of hazardous substances must remain possible - regardless of whether they are essential for society - if there is no unacceptable risk.
Dr. Mirjam Merz | Environment, Technology and Sustainability | T: +49 30 2028-1466 | m.merz@bdi.eu | www.bdi.eu