Creating a Chemicals Policy

European Union:
Registration, Evaluation and Authorization of Chemicals (REACH)

There are over 85,000 synthetic chemicals in commercial use today, with 2,000 more being introduced yearly. Many of these chemicals get into our environment and some are known to be dangerous to humans and animals, causing cancer and damage to the brain and the nervous and reproductive systems. But most of these chemicals are not tested for their effects on human health and as a result, how these chemicals affect our health is largely unknown.

In the European Union (E.U.), efforts are underway to address this issue. In February, 2001, regulations were proposed to manage industrial chemicals. The centerpiece of this document is a proposed new system called REACH (Registration,  Evaluation and Authorization of CHemicals), which requires companies that  manufacture or import more than one ton of a chemical substance to register it in a central database. This new policy will ensure that basic information on all chemicals in commerce will exist on file. The policy will also place responsibility on industry for safety of chemicals and to allow expedited action on chemicals of highest concern. Chemicals used in high quantities (over 100 tons per year) would be evaluated by government authorities to see if additional testing or restrictions are needed. The chemicals of highest concern would be subject to an authorization process where companies would  have to request permission to use those chemicals. It would be  the  responsibility of companies to show that they could be used safely. REACH uses the Precautionary Principle as its guiding principle; an important objective of REACH is to encourage the substitution of dangerous chemicals with less dangerous substances where suitable alternatives are available.

The European Commission, with feedback from the European Parliament and other entities, finalized the draft legislation to implement  the REACH initiative in October 2003. It is expected that REACH will be enacted by 2006. While the REACH system will have the greatest impact on the E.U., the information generated will be publicly available internationally, and the lessons learned in implementing the new system will be valuable to governments, nonprofit organizations and companies in other countries. The REACH policy will protect current and future generations from toxic chemical exposures and encourage industry to innovate in order to produce greener and safer products.

Progress in the U.S.

In the Unites States, efforts are underway to educate and promote discussion about REACH-like policy at the local, state, regional and federal levels. The Louisville Charter for Safer Chemicals is the name for this platform for creating a safe and healthy environment through innovation. The Louisville Charter states:

A first step to creating a safe and healthy environment is a major reform of our nation's chemicals policy. Any reform must:

• Require Safer Substitutes and Solutions -- seek to eliminate hazardous chemical use and emissions by altering production processes, substituting safer chemicals, redesigning products and systems, and rewarding innovation. Safer substitution includes an obligation on the part of the public and private sectors to invest in research and development for sustainable chemicals, products, materials, and processes.

• Phase-out Persistent, Bioaccumulative, or Highly Toxic Chemicals -- prioritize for elimination chemicals that are slow to degrade, accumulate in fatty tissues, or are highly hazardous to humans or the environment.

• Give the Public and Workers the Full Right-To-Know -- label products that contain hazardous chemicals, list quantities of hazardous chemicals used in agriculture and in manufacturing facilities, and provide public access to safety data on chemicals.

• Act on Early Warnings -- act to prevent harm when credible evidence exists that harm is occurring or is likely to occur, even when some uncertainty remains regarding the exact nature and magnitude of the harm.

• Require Comprehensive Safety Data for All Chemicals -- assume that a chemical is highly hazardous unless comprehensive safety data are available for the chemical and require manufacturers to provide this data by 2015 for a chemical to remain on the market -- this is the principle of "No Data, No Market."

• Take Immediate Action to Protect Communities and Workers -- when communities and workers are exposed to levels of chemicals that pose an immediate health hazard, immediate action is necessary to eliminate these exposures.

Implementing these demands is a first step in reforming a 30-year old chemical management system that fails to protect public health  and the environment. By implementing the Louisville Charter and  committing to the innovation of safer chemicals and processes, the US government and American corporations will be leading the way toward a healthier economy and a healthier society.

More information can be found at www.chemicalspolicy.org.

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