New rules for a stronger European Chemicals Agency.

For the first time, the European Chemicals Agency (ECHA) is set to receive its own legal basis. On 10 September, the European Parliament’s Committee on the Environment, Climate and Food Safety (ENVI) approved the outcome of the trilogue negotiations on a standalone ECHA Regulation by a large majority. 68 Members voted in favour, with one vote against and one abstention. At the end of July, the Committee of Permanent Representatives of the Member States had already endorsed the trilogue outcome.

This brings the new ECHA Basic Regulation an important step closer to adoption. Until now, the organisation and functioning of the Agency have been governed by the Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).

Stronger focus on occupational safety and health

From an occupational safety and health perspective, the new Basic Regulation brings important improvements. Occupational safety and health is explicitly included as an objective of ECHA. This means that occupational safety and health is to be consistently taken into account as a cross-cutting issue across the Agency’s various activities.

The role of the Committee for Risk Assessment (RAC) is also strengthened. The RAC prepares assessments of the risks posed by chemical substances. In future, the Basic Regulation will explicitly state that it also prepares scientific opinions on occupational exposure limits and biological limit values. Until now, this task was based solely on an agreement between the European Commission and ECHA.

There are, however, some compromises regarding the composition of the RAC. While Member States may nominate up to four members, the co-legislators agreed that only one member per Member State must be appointed. They therefore did not follow the Commission’s proposal to make the appointment of two members per Member State mandatory in order to reflect the RAC’s high workload.

In addition, ECHA will be tasked with supporting research into the overall health effects of different chemical exposures. More detailed summaries of committee meetings as well as scientific requests are also to be published in future, thereby increasing the transparency of the Agency’s scientific work.

Governance and financing modernised

The new Basic Regulation also changes ECHA’s financing. ECHA’s previously separate budgets will be merged into a single budget. This will allow financial resources to be allocated more flexibly between the Agency’s different areas of activity. In addition, a reserve fund will be established. It is intended to absorb financial fluctuations that may arise when ECHA’s fee income varies. New requirements on transparency, independence and conflicts of interest are also intended to strengthen the credibility of the Agency’s scientific work.

Calls for a fundamental change to the composition of the Management Board, however, were not successful. Occupational safety and health will in future be explicitly taken into account through the stakeholder category of trade unions. However, the Council and the European Parliament rejected a structural enlargement of the body that would have ensured equal representation of the different stakeholder groups.

Outlook

Before the Regulation can be formally adopted and enter into force, it still requires the approval of the European Parliament in plenary. The vote is expected to take place in mid-November.