Toxic chemicals - the REACH regulation
image of toxics programme - the REACH regulation
In 2007, the European Union strongly signaled its intention to address the harm caused by exposure to hazardous chemicals by bringing into force REACH: the Regulation on the Registration, Evaluation,  Authorisation and Restriction of Chemicals. REACH has a number of objectives, including providing protection for both human health and the environment against the damaging effects of toxic chemicals and making those manufacturers and importers involved in the supply of products responsible for managing the risks associated with the substances they use.

The intentions of the REACH initiative are commendable. However, it remains to be seen whether its implementation lives up to the initial promise of the scheme. ClientEarth has established a toxics programme to assess the success with which the regulation is put into practice. We are deploying a lawyer and a scientist, both dedicated to monitoring REACH implementation and, if necessary, bringing legal action in cases of non-compliance. We are filling a clear gap in the market: few non-governmental organisations are actively evaluating the operation of REACH and no others have dedicated scientists or lawyers tasked with tracking the regulation.

Alongside the work directly associated with REACH, our toxics team will consider related legislation on chemicals. Some substances, such as those used in plant protection products and biocides, can be exempt from REACH regulation as they fall under the auspices of other directives. However, the exemption of such substance depends directly upon their application; when manufacturers use them for any purpose aside from those exempted, REACH applies once again. ClientEarth will work to ensure such restrictions are strictly enforced.

A further task that the toxics team will fulfil concerns the regulation of pesticides and plant protection products. The legislative process is nearly complete for related directives concerned with protecting the environment and human health from excessive or dangerous use of pesticides in agriculture (some editorial changes may still be made in the versions adopted by the parliament). Our team will monitor the implementation of this legislation alongside REACH, ensuring that it acieves its objective of tightening the environmental and health criteria surrounding pesticides.

ClientEarth is keen to work with other interested parties already operating in this arena and the team will build on the relationships we have forged with EU policymakers through our other projects, as well as working with other NGOs and bodies such as the newly-established European Chemicals Agency (ECHA).
 

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