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UNICE in bid to wreck REACH

 

(Brussels, 17 January 2005) Environmental and health NGOs today criticised European employers’ organisation UNICE for paying lip service to the objectives of REACH – the protection of human health and the environment - whilst putting forward proposals that would not only weaken REACH fatally but also make it unworkable.

EEB, European Environment Network (of the European Public Health Alliance), Greenpeace, Friends of the Earth Europe, and WWF warn that UNICE proposes to reduce scope, place the burden of proof back on the public, and increase costs for SMEs. The five NGOs see the UNICE ‘proposals’ as amendments that would wreck REACH.

Reducing scope –world wide proliferation with risky chemicals

UNICE’s proposal to base REACH on marketed volume, instead of volume produced, would allow continued export of non-registered and potentially risky chemicals. Those chemicals are either threatening people’s health in developing countries particularly or come back to Europe via products or transboundary pollution.

Risk-based prioritisation – a wolf in sheep’s clothing

The Commission, Council and the 5 NGOs believe that tonnage is the best available proxy for risk-based prioritisation. UNICE proposes a flawed and irresponsible self-regulatory approach: that industry should alone estimate whether there might be a risk based on minimum information requirements. Only then would registration or further data gathering take place, and without any clear timetable. Effectively, this puts the onus on public authorities to prove concerns in order to hold chemical producers responsible for the safety of the chemicals. The UNICE proposal would open the way for a flood of legal challenges. This is a major attack on the REACH-concept, as it would be no better than the current system, which (and here all stakeholders agree) has clearly failed.

Resisting mandatory data sharing – a lost opportunity to reduce SME’s costs

UNICE does not accept compulsory data-sharing claiming it would be contrary to confidentiality, competition law and IPR. This is not only wrong - the Council legal service confirmed that it would not contradict property rights- but is a missed opportunity to reduce costs. Mandatory data sharing could reduce costs by up to €631 million according to the UK government. UNICE seems to forget that SMEs in particular would benefit from data-sharing.

Restriction over Authorisation – continued accumulation of chemicals in humans

UNICE states that restriction, not authorisation, must be the preferred option. Under ‘authorisation’ all uses of a chemical are banned except those that industry comes forward to defend, whilst under the ‘restrictions’ process authorities have to provide the justifications for banning specific uses (or in some cases production). The NGOs argue that if UNICE’s proposal was adopted REACH would be largely stripped of its basic function of ending the ongoing accumulation of chemicals in humans and the environment. Innovative companies would no longer have any incentive to develop and market safer products.

For more information:

Mecki Naschken, EEB, t el +32 2 289 10 94, mecki.naschke@eeb.org
Nadia Haiama, Greenpeace, tel +32 2 274 1913, nadia.haiama@diala.greenpeace.org
Mary Taylor, tel +44 776 671 1952, Friends of the Earth Europe, maryt@foe.co.uk
Julian Scola, WWF, tel +32 2 743 8806 , jscola@wwfepo.org
Christian Farrar-Hockley, EPHA Environment Network, tel+32 2 233 3874, christian@env-health.org

 

Friends of the Earth Europe campaigns for sustainable and fair societies and for the protection of the environment,
unites more than 30 national organisations with thousands of local groups
and is part of the world's largest grassroots environmental network, Friends of the Earth International.