REACH revision – What lies ahead?

At the end of June, the EU environment ministers discussed the future of the REACH Regulation, which governs the safe use of chemicals in the European Union (EU). It was their first political exchange since the European Commission announced that it would not pursue a comprehensive revision of REACH through the ordinary legislative procedure. Just one week later, national experts from the competent authorities for REACH and the Classification, Labelling and Packaging (CLP) Regulation (CARACAL) continued the informal discussions. The focus was on the future REACH Restrictions Roadmap covering substances of very high concern and on the interaction between occupational safety and health (OSH) legislation and chemicals legislation.

Enforcement of existing legislation

The environment ministers discussed how REACH could be modernised and simplified within the existing legal framework. The main focus was on improving the implementation and enforcement of the current rules. A broad majority of Member States supported strengthening enforcement, particularly with regard to products imported from third countries and chemicals sold through online marketplaces. Other key topics included the digitalisation of safety data sheets and the consistent integration of the new CLP hazard classes into the implementation of REACH.

Several Member States also argued that the possibility of a comprehensive revision of REACH should remain open once the political conditions allow. Germany, by contrast, welcomed the European Commission's decision not to reopen the REACH Regulation for the time being. In Germany's view, most simplifications and improvements can be achieved within the existing legal framework.

REACH Restrictions Roadmap

During the CARACAL meeting, the European Commission presented an updated version of the REACH Restrictions Roadmap. The roadmap provides an overview of planned restrictions under the REACH Regulation and enables companies to prepare for upcoming regulatory measures at an early stage.

Since its introduction in 2022, eleven REACH restrictions have been adopted, while six additional restrictions are currently in the final stage of assessment. In addition, the European Commission is working on several major initiatives, including the proposed restrictions on the manufacture, placing on the market and use of per- and polyfluoroalkyl substances (PFAS) and hexavalent chromium compounds. This development is particularly important for occupational safety and health, as chromium(VI) is among the most hazardous substances encountered in the workplace.

Interface between REACH and OSH

CARACAL also discussed the interaction between REACH and European OSH legislation. While REACH primarily regulates substances placed on the market, OSH legislation protects workers from exposure to those substances during their use in the workplace. The key legal instruments in this area are the Chemical Agents Directive (CAD), the Carcinogens, Mutagens and Reprotoxic Substances Directive (CMRD) and the Asbestos Directive.

The European Commission acknowledged that the coexistence of REACH restrictions and occupational exposure limits may create uncertainty and legal ambiguity. This is illustrated by aprotic solvents, which are subject to both REACH restrictions and occupational safety requirements. The diisocyanates restriction was highlighted as a successful example of a coordinated approach, as it combines training requirements under REACH with occupational safety provisions.

Several options for improving the interaction between the two legal frameworks were discussed. These include closer cooperation between the responsible Commission Directorates-General, earlier involvement of OSH experts in the development of REACH restrictions, and greater transparency regarding planned regulatory initiatives at both European and national level.

Outlook

The European Commission has not yet presented a concrete roadmap for the modernisation of REACH. However, Environment Commissioner Jessika Roswall emphasised that the proposed European Product Act is intended to strengthen the enforcement of EU chemicals legislation. Together with the General Product Safety Regulation and the Market Surveillance Regulation, it is expected to improve compliance with chemicals legislation for products entering the internal market through online trade or imports. The European Commission is expected to present its proposal for the European Product Act on 30 September.