Prepa­ra­tions for the modi­fi­ca­tion are in full swing.

Chemicals are omnipresent. This makes it all the more important to ensure their safe use, not only for consumers, but also for employees who come into contact with chemicals in their everyday work. At the same time, innovation and sustainability must be promoted in all sectors. This is precisely the aim of the REACH Regulation, which regulates the registration, evaluation, authorization and restriction of chemicals in the European Union (EU). After almost twenty years, it is now time to revise this fundamental legislation. The European Commission does not only want to promote the development of sustainable chemicals, but also simplify the regulatory process and improve the protection of human health and the environment.

Preparing the chem­i­cals industry package

Initial attempts by Commission President Ursula von der Leyen were made to present a proposal during her first term of office, but after pressure from the industry, she did not pursue this any further. The main argument was that legislation that would unnecessarily increase costs for companies that are already under pressure should be postponed. Now, however, it seems she wants to present a proposal at the end of the year that seeks to also simplify the existing provisions of the REACH Regulation. Expectations from the chemical industry are high, as the revision should bring real relief and help to reduce bureaucracy without jeopardizing the high level of protection of human health and the environment.

Exchange with stake­holders

Executive Vice-President Stéphane Séjourné and EU Commissioner Jessika Roswall discussed how this can best be achieved with key players in the chemicals sector. In addition to the chemical industry also NGOs were involved.

Besides the opportunities and challenges that a simplification of the REACH regulation entails, the exchange also focused on measures to increase competitiveness and ensure the sustainability of the EU chemicals sector. Furthermore, the availability of key chemicals in the EU for the green transition and how to simultaneously protect human health and the environment from toxic chemicals were considered. The ongoing work on per- and polyfluoroalkyl substances (PFAS) was also discussed.

DSV and others posi­tion them­selves early on

Although the German Social Insurance is not one of the main players in the chemical sector, like the European Chemical Industry Council (CEFIC), the Health and Environment Alliance (HEAL) and others, it clarified at an early stage where its priorities for the REACH revision lie. The DSV is focusing on the interface between occupational health and safety and REACH. Especially as the REACH regulation not only affects the manufacturers and distributors of chemicals, but also the employees who come into contact with them in their everyday work. Occupational health and safety aspects and proven preventive measures must not be ignored.

Main­taining the risk-based approach

Like CEFIC, the German Chemicals Industry Association and the future German government, the DSV is against a paradigm shift in the risk assessment of chemicals. The move away from a risk-based approach and towards a hazard-based approach for all users would make it impossible for certain hazardous substances to be used in the workplace by trained and adequately protected personnel. Instead, the aim must be to continue to be able to work safely with hazardous substances.

Addi­tional demands

Further to the debate on the risk-based approach, stakeholders in the chemical value chain are also concerned about the future use of PFAS. While on the one hand there are calls for predictability, on the other hand some stakeholders are in favour of a strict PFAS ban. The package is also intended to provide clarity for the chemical industry in this respect. However, it is uncertain how concrete the proposals will be. This is because the technical assessment currently being carried out by the European Chemicals Agency (ECHA) has not yet been completed.

Prepa­ra­tion of the proposal

Behind the scenes, the Directorates-General for the Environment (DG ENV) and for the Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) are already working hard on a proposal. According to reports, the targeted revision of the regulation will focus on three areas. In addition to modernizing and strengthening enforcement, this also includes simplification for companies. For example, the improved prioritization of restriction proposals, digitalization measures in the area of the safety data sheet and proposals for the use of the hazard-based risk management approach are under discussion.