EU Ministers Approve New Law on Toxic Chemicals
Date: 14-Dec-05
Country: BELGIUM
Author: Jeff Mason
Environment Commissioner Stavros Dimas said Tuesday's agreement would avert tens of thousands of cases of infertility, cancer, skin disease and neurological disorders. Industry Commissioner Guenter Verheugen called it a "balanced" agreement.
Ministers backed a compromise on Registration, Evaluation and Authorisation of Chemicals (REACH), almost a month after the European Parliament backed a different version of its own.
"The council (of ministers) has today achieved political agreement on REACH," British Industry Minister Lord Sainsbury, chairing the meeting, told a news conference after the complex legislation was endorsed.
"This provides a very good example of Europe working together for the benefit of all its citizens."
REACH was designed to protect people and the environment from the adverse effects of chemicals found in a wide range of products like paint, detergents, cars and computers.
The law requires properties of roughly 30,000 chemicals produced or imported in the EU to be registered with a central agency. Those of highest concern, like carcinogens, would require testing and authorisation to be used.
The ministers' vote was delayed after Germany, home to Europe's largest chemicals companies, asked for more time for its new government to take a position.
And environmental and consumer groups criticised the ministers for failing to back stronger rules on substituting dangerous substances with safer alternatives.
Despite some opposition during the debate, the final text was accepted unanimously, a British spokeswoman said.
STICKING POINT
But this is not the last step before REACH can become law.
Ministers' political agreement must now be translated into all official EU languages and sent to the European Parliament sometime next year. Lawmakers and member states will then have to resolve the differences between their versions.
One major sticking point is likely to be the authorisation phase. Parliament approved a measure that would require companies to substitute safe substances for dangerous ones when alternatives are available. The ministers' version does not include mandatory substitution.
Environmental groups urged the European Parliament to stick to its guns.
"EU ministers failed today to seize a unique opportunity to protect people and the environment from the threat of toxic chemicals," seven groups including WWF and Greenpeace said in a a statement.
The ministers' version requires companies seeking authorisation for dangerous substances to prove they can be controlled and to provide information on possible alternatives.
Industry group UNICE said that was unworkable.
"We are still asked to not only prove that the risk is under control ... now they ask us to prove that there is a possible substitution for the product," said UNICE spokeswoman Maria Fernanda Fau. "The council has made it even more difficult for companies."
REACH, which is likely to enter into force in 2007. The United States has criticised it for trade reasons and African nations have said it would damage their mining industries.