http://www.planetark.org/dailynewsstory.cfm/newsid/22716/story.htm

EU launches controversial "user-safe" chemicals law

BELGIUM: October 31, 2003

BRUSSELS - Hidden health risks from chemicals lurking in everything 
from carpets to car interiors should be spotted and stopped under 
controversial environmental legislation proposed by the European 
Commission this week.

The European Union's executive arm issued the bill in the face of 
fierce opposition from the EU's 528-billion-euros-a-year ($618 
billion) industry, its biggest governments and the United States, 
which said it could ruin the industry and strain global trade.

But green groups were the first to criticise the move, saying the EU 
had caved in to pressure from big business and issued a far weaker 
version of the law that requires firms to prove their products are 
safe or take them off the shelves.

"A few big and dirty companies have driven the Commission to set a 
dangerous precedent: allowing specific business interests to prevail 
public health and environment protection," said John Hontelez of the 
European Environmental Bureau.

EU Environment Commissioner Margot Wallstrom told a news conference 
that business-friendly changes to the bill were reasonable.

"Today, more than 100,000 chemicals can be marketed (sold) without 
testing," Wallstrom said. "We need a balanced approach. Modern 
society needs chemicals, but we want to know we can handle the risks 
of those chemicals."

"USER SAFE" PRODUCTS

Wallstrom admitted that, following a consultation exercise, she had 
to compromise on the bill's ambition, but said it would still have 
big benefits.

"I don't think it will turn the whole chemicals industry on its 
head....It's come down to a reasonable cost to be able to label 
products 'user safe'," she said.

The bill aims to close a loophole in EU law which requires new 
chemicals to undergo rigorous tests for risks to health and the 
environment, but does not apply to the tens of thousands of 
substances already on the market before 1981.

It will require chemicals makers to register the properties of 
substances with a central EU database, a gradual process expected to 
take until 2016 to get through some 30,000 substances.

Chemicals considered of highest concern, such as those that cause 
cancer, damage genes or have an effect on fertility or that persist 
and build up in the environment or are produced in huge quantities, 
will undergo a risk assessment.

The most dangerous chemicals will require an authorisation to be used 
- the final step in a three-stage process called REACH - 
Registration, Evaluation and Authorisation of Chemicals.

"LITE" VERSION

The European Chemical Industry Council (Cefic), which represents the 
industry, had previously said the law could spell its ruin.

In a muted response to final bill, Cefic President and BASF (BASF.DE: 
Quote, Profile, Research) board member Eggert Voscherau said: "Given 
our concerns about workability, we now have to analyse the final 
proposal to see whether it meets the objectives."

The Commission made several changes to an initial draft it issued in 
May, including reducing the data requirements for two-thirds of the 
substances that will need to registered, easing the burden on 
industrial users and completely excluding polymers - complex 
chemicals made up of other more basic ones - from the regulation.

Green groups decried the fact that very hazardous chemicals will 
still be authorised for use if their risks can be "adequately 
controlled". They want them banned so industry is forced to seek 
safer alternatives.

"The loophole for hazardous chemicals is a very serious flaw in this 
draft," said Mary Taylor from Friends of the Earth UK.

She said the battle would move from the Commission to the European 
Parliament and the Council of Ministers, representing national EU 
governments, which can amend or even kill the law.

"Parliament and national governments must use their chance to close 
this. Citizens' health must come first." Italian Industry Minister 
Antonio Marzano said at a briefing in Berlin later in the day after a 
meeting with German Economy Minister Wolfgang Clement:

"There's a lot of concern about this legislation. We have to avoid 
having too much regulation in Europe."

(additional reporting by Iain Rogers in Berlin)

Story by Robin Pomeroy

REUTERS NEWS SERVICE


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