An analysis of the proposed REACH regulation

In October 2003, the European Commission produced its first draft of its new chemicals legislation, known as REACH. At its core, REACH will require producers and users of chemical substances to register any use in a volume-triggered system. Mandatory submission of chemical assessment reports containing information on the hazards, exposures and risks associated with the uses of the chemical substances will be reviewed by government appointed expert committees. The marketing of substances considered to be of very high concern will require authorisation. This paper analyses issues related to the architecture of the proposed REACH regulation in light of its origins, drivers, its impacts on businesses and possible unintended consequences on other industries outside the chemical industry. Since the design of REACH reflects a range of different sources, goals and ideas, a number of its provisions are ambiguous in their current form. This creates uncertainty as to the implementation of the regulation. Regulatory certainty is, however, an essential pre-condition for the effective functioning of a modern market economy. As currently drafted, REACH could pose a challenge to the operation of the market economy in the EU.