overall trends and drivers in eu regulation: just a threat or will there be opportunities? hugo...
TRANSCRIPT
Overall trends and drivers in EU regulation: just a threat or will there
be opportunities?
Hugo Waeterschoot & Violaine Verougstraete, Eurometaux
Pb Conference, 20 June 2013
Outline
The EU regulatory scene: a historical labyrinth without directions?
Taking a step back: knowing which way the wind blows?
Today and tomorrow: make use of opportunities to find the best ways forward
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The EU regulatory scene: a labyrinth without directions?
The EU legislative framework on chemicals management/ environment & health
… is a patchwork built up over time
… assembled from EU (from 1968 onwards), national policies and historical pieces of legislation
… with different actors: EU Member States (including history/culture), EU Commission, EU Parliament & EU Council, centres of regulatory expertise (Agencies, Scientific Committees, National Institutes etc…)
… with influence from outside the EU
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The EU legislative framework on chemicals management/ environment & health
Many players in different “leagues” influencing the EU policy… Different international players influencing the scenery of the
EU… So finding your way looks like…
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with challenges…
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Where and how to give input?
What’s the right timing?
Right message: language, target?
Under stand the connections
Consistency, coherence,
overlaps, gaps?
Knowing which way the wind blows
Taking a step back
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2010-…:
“The new decade starts with a severe economic crisis, but also with the hope that investments in new green and climate-friendly technologies and closer European co-operation will bring lasting growth and welfare” (http://europa.eu/about-eu/eu-history/ )
BUT what does this mean in terms of Chemical management (policies)?
Taking a step back (2)
Chemicalsmanagement
Internatio-nalisation
Management of the full
supply chain
“Innovation” versus
“existing”
Societal drivers behind Chemicals Management
Taking a step back (3)
Chemicalsmanagement
Internatio-nalisation
Management of the full
supply chain
“Innovation” versus
“existing”
On each of these drivers the EU can act...at least partly
Taking a step back (4)
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By promoting more consistency between EU legislations
By creating a level playing field between New and Existing Substances, Innovation vs. Management
By identifying and closing the supply chain management gap
By playing on “new welfare bariers”: the product safety assurance in a global world
By promoting more consistency
The adoption and Entry into force of REACH in 2007 was already a ‘merger’ of > 10 existing legislative initiatives
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By promoting more consistency (2)
The trend is to further develop this alignment and integration
• 2012: 7th Environmental Action Programme. Call from the Parliament for: Efficient implementation of legislations Complementarity of strategies Integration of environmental considerations in EU external relations
• 2012: REACH review: includes «assess whether or not to amend the scope to avoid overlaps with other relevant EU Community provisions»: => study comparing REACH to 155 other EU legal acts on products safety and efficacy, environmental protection, worker’s protection, food safety
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By promoting consistency (3)
Some examples (Milieu study carried out for REACH Review): Industrial Emissions Directive -REACH: permit requirements with emission
limits based on best available techniques (BAT) may overlap with the requirements under REACH (manufacturers and users are required to control risks from individual substances as specified in the CSR/ES) => proposal to amend IED requiring that the ES generated for the substances are fully taken into account in the drafting of integrated permits for those installations”
Waste: The Chemical Safety Assessment made under the REACH registration process includes an exposure assessment which covers all life-cycle stages of a substance, including the waste phase => use this information by the Commission or the Member States to draw up criteria for by-products and end-of-waste
REACH and Water (SVHC versus prioritisation, automatic inclusion in the REACH Candidate List of all carcinogenic and mutagenic chemicals used in the workplace
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By creating a level playing field between “Innovation” and “management of existing risk”
NEW chemicals- Contributors to
innovation
- Small volumes and low exposure
- Tested before placed on the market
- Market access license required
EXISTING chemicals- Contribute to running
economy- Large volumes and
extensive exposure
- Not tested and info on them often limited
- No market license required
an ultimate societal dilemma !
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By identifying and closing the supply chain management gap (1)
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Primary materials
Manufac-turing
Industrial use
Consumer
useEnd of
Life
“Societal control” over the supply chainGenerally....
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By identifying and closing the supply chain management gap (2)
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Primary materials
Manufac-turing
Industrial use
Consumer
useEnd of
Life
“Societal control” over the supply chainGenerally....
MINING or RECYCLING
REFINING &
SMELTING
Manufac-turing of
halffabricates
Consumer Use of articles
End of Life
(recycling or
disposal)
By identifying and closing the supply chain management gap (3)
Primary materials
Manufac-turing
Industrial use
Consumer
useEnd of
LifeMINING or RECYCLING
REFINING &
SMELTING
Manufac-turing of
halffabricates
Consumer Use of articles
End of Life
(recycling or
disposal)
Covered by CHEMICALS
MANAGEMENT
By identifying and closing the supply chain management gap (4)
Primary materials
Manufac-turing
Industrial use
Consumer
useEnd of
LifeMINING or RECYCLING
REFINING &
SMELTING
Manufac-turing of
halffabricates
Consumer Use of articles
End of Life
(recycling or
disposal)
Covered by CHEMICALS
MANAGEMENT
Trend to protect consumers: focus articles, assessment of consumer uses, man via the environment (less workers)
Risk based considerations
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By playing on “new welfare barriers”: the product safety assurance in a global world
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By setting EU legislation: REACH restrictions: a way to control “import of unsafe
articles” On “Product (article) standards”
By participating, controlling globalisation of chemicals management as ‘Initiator’ being a large end-user market because of high weight of (fine) chemicals market use in policy and trade negotiations REACH export
Make use of opportunities to find the best ways forward
Use opportunities…
Anticipate and ensure consistency
By being smarter and quicker than authorities …
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Use opportunities …(2)
Anticipate how pieces of legislation are articulated and how to bring them together• IED and REACH• Consumer aspects• Diffuse sources • Restrictions vs. RoHS• Contribute to it by promoting REACH data/efforts set as a
reference
Construct, support well built up risk-based approaches, exemplified at EU and OECD level
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Use opportunities…(3)
Make the best use of existing data and knowledge
Further improvement of guidance (e.g. BLMs, sediments, diffuse sources, removal from the water column)
Have robust and understandable datasets Recycle efforts (OECD, UN, APEC, Countries…)
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Use opportunities…(3)
Anticipate the globalisation and step in:
Asia (Japan, South Korea, China, Malaysia, ...): chemical management policies fastly ramping up and using REACH model
US and Canada: slowly ramping up and/but playing a “home agenda”
Australia: moving slowly due to low economic weight of (fine) chemicals market
Russia: harmonises internally first to create common market
Africa : still open territory. Market access, proving product safety are not high policy items
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Use opportunities…(4)
Anticipate the trends and step in:
Hazard will (spontaneously?) evolve to common view/base (database or “common list”)
Substances in articles/consumers as next “battlefield”
“Product (article) standards” will stimulate spontaneous harmonisation due to market access
More and more but different “national lists” to maintain some “national impact”
Keep in mind that chemicals management is not only a tool to handle hazard and risks, but also a market/policy tool for regional governements
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Thank you!