Suchergebnisse

This report is provided in the scope of the project "Advancing REACH", funded by the research plan of the German Ministry for the Environment. The project aims to develop options to improve the (implementation of) the REACH regulation by analysing various REACH processes and related issues, including substitution, sustainable chemistry, articles, cost-benefit analyses, socio-economic analyses and financing ECHA. In October 2020, the European Commission launched the Chemicals Strategy for Sustainability that calls to counter emerging risk with preventive action. Against this backdrop, the report aims to place this strategy in the context of the debate on the precautionary principle in the EU and to derive policy options to advance REACH. The report assesses the general coverage of emerging risk under REACH. To the extent that emerging risk falls into the scope of REACH, it assesses in how far the regulation operationalises the concept of emerging risk with legal instruments and, if relevant, evaluates the practical implementation of such instruments. Based on the findings, it develops policy options responding to the identified deficits in order to advance REACH. The aim of the policy options is to strengthen control of emerging risk under REACH. They are addressing deficits in the provisions of REACH de lege lata. These deficits impede the willingness of actors in industry and authorities and limit them of the framework conditions required to tackle emerging risk. The options at least partially address the identified shortcomings. An overall perspective shows that the foreseeable benefits of the options would outweigh the identified disadvantages.

This report is provided in the scope of the project "Advancing REACH", funded by the research plan of the German Ministry for the Environment. The project aims to develop options to improve the (implementation of) the REACH regulation by analysing various REACH processes and related issues, including substitution, sustainable chemistry, precautionary principle, articles, cost-benefit analyses, socio-economic analyses and financing ECHA. This report discusses the question, which policy options are available to improve the efficiency of the appeal procedure under REACH and the impacts on the objectives laid down in Art. 1 REACH. It discusses three policy options with regard to streamlining the ECHA procedure. The first option consists of streamlining deadlines, the second option grants the Board of Appeal the discretion to issue an interim order, and the third option includes legislative options to limit the scope and intensity of the review. In light of the overall objectives of REACH and a legal systemic consideration, the second option appears most favourable.

This report is provided in the scope of the project "Advancing REACH", funded by the research plan of the German Ministry of the Environment. The project aims to develop options to improve the implementation of REACH by analysing various REACH processes and related issues, including substitution, sustainable chemistry, precautionary principle, cost-benefit analyses, socio-economic analyses and financing ECHA. The study analyses, under the perspective of the aims of the REACH Regulation and the requirements formulated in the context of the "circular economy package", the current legal framework of instruments governing the risk management and related notification and communication obligations concerning "substances in articles" (SiA). The study discusses the definition of the term "article" and its interplay with chemical substances contained in the article or that are an integral element thereof. The subsequent sections analyse the communication obligations in the professional supply chain and towards consumers, the provisions on the registration and notification of SiA as well as the authorisation and restriction schemes. Each section assesses the respective legal framework (objectives, mechanisms, uncertainties) as well as the state of the art regarding implementation and, based on lessons learned, develops policy options to enhance the framework. Tables at the end of each section summarize the options and the expected effects. Whilst an in-depth impact analysis of the presented options is beyond the scope of the study, the findings suggest the need to clarify the legal context. This is true for each of the problem areas analysed.