Doc. CA/15/2015 17th Meeting of Competent Authorities for REACH
Transcription
Doc. CA/15/2015 17th Meeting of Competent Authorities for REACH
EUROPEAN COMMISSION Directorate-General for Environment Green Economy Chemicals Directorate-General for Internal Market, Industry, Entrepreneurship and SME's Resources Based, Manufacturing and Consumer Goods Industries REACH Chemicals Industry Brussels, 18 March 2015 Doc. CA/15/2015 17th Meeting of Competent Authorities for REACH and CLP (CARACAL) 26 – 27 March 2015 Room Sicco Mansholt (MANS), Building CHARLEMAGNE, Brussels, Belgium Concerns: Streamlining and simplification of authorisation Agenda Point: 5.1c (CA session) and 20.1 (Open session) Action Requested: For information. RESPONSES TO WRITTEN COMMENTS TO PAPERS CACS/40/2014 AND CA/81/2014 RECEIVED AFTER CARACAL 16 The Commission would like to thank all authorities and stakeholders who submitted comments on the above mentioned papers. Most of the comments concerning the case simplification for low volume case have already been taken into account for the preparation of the public consultation currently ongoing1. Other comments have been considered when drafting the paper CA/16/2015 for CARACAL 17. This RCOM intends to answer to comments on other topics. COMMEN TATOR OBSERVATION COM RESPONSE Simplification of authorisation and implementing act BE, FR, SE, AT, CHEMSEC, EEB, HEAL An implementing act cannot reduce the legal obligations of REACH. REACH clearly states that an application for authorisation needs to contain a CSR, AoA and SEA. The Commission will propose an implementing act on simplification and streamlining of application for authorisation in full respect of the existing REACH legal requirements. The possible simplification in the special case ‘low volumes’ is in the ongoing public consultation illustrated via examples of draft templates for CSR, AoA and SEA that fulfil the requirements of REACH. For a general streamlining of all applications for authorisation, the Commission’s aim is to give an indication of which elements of CSR, AoA and SEA and what type of information are needed as a minimum to prove the case, while avoiding overloading the dossier with unnecessary information (see paper CA/16/2015). Simplification and negative effect on substitution CHEMSEC, EEB The Commission intends to reduce the burden for companies who wish to continue using SVHCs, but is making no proposal to encourage innovation via substitution or to reach companies who already substituted. The Commission does not intend to prevent substitution, which is the main objective of authorisation. Simplification is addressing some very specific cases where the potential for actually substituting the use of the Annex XIV substances is very limited, while the risks from continued use in these low volumes are comparatively small and/or decreasing anyway over time (low volumes and spare parts). Streamlining is aiming at TOPIC 1 http://ec.europa.eu/yourvoice/consultations/index_en.htm reducing the burden to prepare some parts of the application and, subsequently, process them by authorities in cases where the substance cannot, for the time being, be substituted. Shift of burden of proof CHEMSEC, EEB, HEAL Definition of uses SE, CHEMSEC, EEB, HEAL Definition of uses FR By providing help to prove adequate control, lack of alternatives, benefits outweighing the risk, Commission and ECHA are doing the applicant’s job and shift the burden of proof. They should be helping companies to substitute Annex XIV substances, so that they do not have to apply for authorisation. The Commission together with ECHA intends to further explore how the existing tools and initiatives promoting substitution of SVHCs and encouraging innovation could be developed and complemented, and a better communication on these subjects promoted. Nevertheless, the decision to apply is a business decision that needs to be made by the companies concerned. The Commission does not intent to provide “pre-compiled” dossiers. Please see answers to previous comments on the aims of simplification and streamlining. If ECHA receives more “fit for purpose” dossiers, targeted just at all the essential elements and not containing voluminous and superfluous information, this will also reduce the burden on the authorities that need to assess and decide on the application and for stakeholders who wish to comment during the public consultations. The Commission believes that the definition of uses should be a case-bycase decision of the applicant that is at the same time also his business decision. There are cases where the definition can be very precise, for example in case of a downstream user application for a very specific use. There are also cases where many downstream users share a use and need an authorisation. In such a case, there are clear advantages for submission Commission and ECHA should consider the of an upstream application to cover many downstream users because a possibility to group applications for the separate application by all downstream users would be much more costly same uses, especially in case of SMEs. and less efficient also from the authorities’ perspective. There is a need to further reflect on the specificities and generalities of an upstream application, including the aspects related to the scope and definition of If ECHA and Commission suggest a broader definition of uses, this will make it more difficult to make a robust AoA and to provide relevant information on alternatives during the public consultation. 3 uses. CHEMSEC, EEB, HEAL Art. 58(2) exemptions FR, SE, Various concerns on the possible There is indeed a need for clarification under which conditions Art. 58(2) CHEMSEC, exemptions to authorisation on the basis could apply. So far decisions have been made on a case by case basis as part of the prioritisation process and at the moment of inclusion of EEB, HEAL of Art. 58(2). substances in Annex XIV. A pending court case on the inclusion of Cefic, ESIA Request to clarify possible exemptions chromium trioxide in Annex XIV, which concerns the applicability of the exemption on the basis of concentration limits set up under worker's protection legislation, should help in this process. Art. 58(2) exemptions Such public consultation is against REACH intentions. The socio-economic elements are to be evaluated in the application phase. It is a duplication of work and an unnecessary and additional burden for companies at a very advanced point in time because the same information is to be provided when companies are applying for authorisation. It undermines innovation by companies who produce alternatives. The call for information on socio-economic elements prior to inclusion of substances in Annex XIV was a first call for information of this kind, where the Commission want to explore whether and how some socio-economic elements could be taken into account at this stage of the process. By this call, the Commission does not intend to replace the socio-economic analysis of the application phase and therefore it did not ask for companyspecific socio-economic information. It asked for evidence of impacts (both positive and negative) of inclusion in Annex XIV considering the various uses of a substance. The Commission is currently reviewing the information received on the substances proposed for ECHA’s draft 6th recommendation. Public consultation on socio-economic elements prior to inclusion of substances in Annex XIV This topic is the subject of an internal Commission discussion among all relevant services and was also broached at the workshop with Member States authorities and stakeholders on 18 November 2014. Further followUse of OEL as DNELs would reduce up is ongoing. Among others RAC and SCOEL will be asked to have a joint administrative burden for companies. discussion on methodologies for deriving DNELs and OELs, and guidance for economic operators might need to be revised. OEL and DNELs FR, SE, EEB, Concerns on the use of OELs as DNELs. HEAL OEL and DNELs ESIA, Orgalime Simplification for BE, AT, NL, Various concerns and suggestions on the As explained in the paper CA/16/2015, there will be further discussion on 4 type-approval and other authorisation systems FR possibility for simplification in such cases. how some dossier elements for application for uses subject to typeapproval /certification/authorisation can be streamlined. Role of RAC and SEAC for simplified applications NL There is a need to discuss how RAC and This topic will be further discussed in the respective ECHA Committees. SEAC will evaluate the simplified applications. __________ 5