REACH: an unsatisfactory authorisation system

If they are to use substances ‘of very high concern’, for instance because they cause cancer, manufacturers must first obtain authorisations, in accordance with the REACH Regulation on the trade in chemical substances in the European Union. According to Tony Musu, an expert in chemical hazards at the ETUI, some application files for authorisation examined by the European Chemicals Agency (ECHA) do not meet the legislative requirements.

‘There is a real problem in terms of the quality of the data provided by manufacturers, in particular with regard to the scope of the intended use and the current alternatives on the market,’ Mr Musu explained at a trade union meeting on 2 December 2016 in Namur, Belgium.

Notwithstanding the dubious quality of some application files for authorisation, he stated that the European Commission had thus far never refused to grant authorisation. The cost of lodging an application for authorisation with the ECHA was at least EUR 50 000. ‘The Commission doubtlessly feels that, if manufacturers are willing to pay such amounts, then they must absolutely need the substances in question, and so it believes that it must grant them their authorisation,’ Mr Musu explains, adding, however, that where the application file is poor quality, authorisation is granted for a relatively short period only.

Mr Musu, the ETUI’s expert representing the European Trade Union Confederation in various ECHA advisory bodies, nonetheless defends the REACH Regulation, which undoubtedly acts as a deterrent. He points out that ‘Manufacturers have a real fear of one of the substances they use being included in the candidate list for authorisation, as this can damage their image. So, the authorisation stage of REACH absolutely encourages the industry to embark on the path of substituting the most problematic substances with safer alternatives.’

He still considers it necessary to explore new avenues for improving the effectiveness of the REACH authorisation system, inasmuch as he favours increasing the number of substances identified as being ‘of very high concern’ on the candidate list and calls for a ‘culture change’ within the ECHA, an organisation that, to his mind, has become ‘too friendly’ towards the industry.

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