- March 10, 2014
- EU Parliament
REACH: confidentiality in public consultations on the authorisation of chemicals
Question for written answer to the Commission by Hiltrud Breyer (Verts/ALE)
Subject: REACH - confidentiality in public consultations on the authorisation of chemicals
The question of confidentiality in public consultations for the authorisation of chemicals is important for the implementation of REACH. For example, in the applications for authorisation relating to uses of DEHP and DBP, many relevant pages are classified as confidential.
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- Can the Commission provide an explanation of and justifications for the confidentiality claims that have been granted, e.g. in the authorisations procedure for DEHP?
- How does the Commission ensure that sufficient information is published for the public consultations?
- How will the Commission develop adequate procedures for reviewing the authorisations when information on new alternatives becomes available as provided for in Article 61(2) of the REACH Directive?
- Can the Commission guarantee the participation of civil society organisations’ observers during discussions on REACH applications at ECHA Committees?
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Answer given by Mr Tajani on behalf of the European Commission
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- Companies are entitled to file confidential information and all EU institutions and its agents are required not to disclose information covered by the obligation of professional secrecy further to Article 339 of TFEU(1) as well as Article 118(2) of REACH(2).
- It is the responsibility of the European Chemical Agency (ECHA) to ensure that sufficient information is published to allow for an informed opinion to be put forward during the public consultation process. This is also in the interest of the Commission as it relies on the opinions of ECHA when it takes its decisions. As authorisations are relatively new procedures, the Commision has regular contacts with ECHA to streamline the process as much as possible.
- Under REACH, authorisations may be reviewed at any time if new information on possible substitutes becomes available. The review process follows mutatis mutandis the procedure for authorisation decisions(3). It includes an invitation for third parties to submit further information within a specified time period following the publication of general information on uses on ECHA’s website. This review process will also take into account practical experience gained in the implementation of the authorisation process of the first applications to be handled in 2014.
- As specified in the Rules of Procedure, ECHA Committees meetings are open to observers, invited experts and advisors. Observers representing civil society organisations participate in the non-confidential parts of the ECHA Committees on applications for authorisation.
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Related Links:
- Parliamentary question E-014372-13
