Overall trends and drivers in EU regulation: just a threat or will there be opportunities?

1. Overall trends and drivers in EU regulation: just a threat or will there be opportunities? Hugo Waeterschoot & Violaine Verougstraete, Eurometaux Pb Conference, 20 June 2013

2. Outline • The EU regulatory scene: a historical labyrinth without directions? • Taking a step back: knowing which way the wind blows? • Today and tomorrow: make use of opportunities to find the best ways forward

3. The EU regulatory scene: a labyrinth without directions?

4. The EU legislativeframework on chemicals management/ environment & health … is a patchwork built up over time … assembledfrom EU (from 1968 onwards), national policies and historicalpiecesof legislation … withdifferentactors: EU Member States (includinghistory/culture), EU Commission, EU Parliament & EU Council, centres of regulatory expertise (Agencies, ScientificCommittees, National Institutes etc…) … with influence fromoutside the EU

5. The EU legislativeframework on chemicals management/ environment & health • Many players in different “leagues” influencing the EU policy… • Different international players influencing the scenery of the EU… • So findingyourway looks like…

6. with challenges… What’s the right timing? Under stand the connections Where and how to give input? Right message: language, target? Consistency, coherence, overlaps, gaps?

7. Knowing which way the wind blows

8. Taking a step back • 2010-…: “The new decade starts with a severe economic crisis, but also with the hope that investments in new green and climate-friendly technologies and closer European co-operation will bring lasting growth and welfare” (http://europa.eu/about-eu/eu-history/ ) • BUT what does this mean in terms of Chemical management (policies)?

9. Taking a stepback (2) • Societal drivers behind Chemicals Management Chemicals management Internatio- nalisation Management of the full supply chain “Innovation” versus “existing”

10. Taking a stepback (3) • On each of these drivers the EU can act...at least partly Chemicals management Internatio- nalisation Management of the full supply chain “Innovation” versus “existing”

11. Taking a step back (4) • By promoting more consistencybetween EU legislations • By creating a level playing field between New and Existing Substances, Innovation vs. Management • By identifying and closing the supply chain management gap • By playing on “new welfare bariers”: the product safety assurance in a global world

12. By promoting more consistency • The adoption and Entry into force of REACH in 2007 wasalready a ‘merger’ of > 10 existinglegislative initiatives

13. safety By promoting more consistency(2) The trend is to further develop this alignment and integration • 2012: 7th Environmental Action Programme. Call from the Parliament for: • Efficient implementation of legislations • Complementarity of strategies • Integration of environmental considerations in EU external relations • 2012: REACH review: includes«assess whether or not to amend the scope to avoid overlaps with other relevant EU Community provisions»: => study comparing REACH to 155 other EU legal acts on products safety and efficacy, environmental protection, worker’s protection, food safety

14. By promotingconsistency (3) Someexamples (Milieu studycarried out for REACH Review): • Industrial Emissions Directive -REACH: permit requirements with emission limits based on best available techniques (BAT) may overlap with the requirements under REACH (manufacturers and users are required to control risks from individual substances as specified in the CSR/ES) => proposal to amend IED requiring that the ES generated for the substances are fully taken into account in the drafting of integrated permits for those installations” • Waste:TheChemical Safety Assessment made under the REACH registration process includes an exposure assessment which covers all life-cycle stages of a substance, including the waste phase => use this information by the Commission or the Member States to draw up criteria for by-products and end-of-waste • REACH and Water (SVHC versus prioritisation, automatic inclusion in the REACH Candidate List of all carcinogenic and mutagenic chemicals used in the workplace

15. By creating a level playing field between “Innovation” and “management of existing risk” EXISTING chemicals • Contribute to running economy • Large volumes and extensive exposure • Not tested and info on them often limited • No market license required NEW chemicals • Contributors to innovation • Small volumes and low exposure • Tested before placed on the market • Market access license required an ultimate societal dilemma !

16. By identifying and closing the supply chain management gap (1) “Societal control” over the supply chain Generally....

17. By identifying and closing the supply chain management gap (2) MINING or RECYCLING REFINING & SMELTING Manufac-turing of halffabricates Consumer Use of articles End of Life (recycling or disposal) “Societal control” over the supply chain Generally....

18. By identifying and closing the supply chain management gap (3) MINING or RECYCLING REFINING & SMELTING Manufac-turing of halffabricates Consumer Use of articles End of Life (recycling or disposal) Covered by CHEMICALS MANAGEMENT

19. By identifying and closing the supply chain management gap (4) MINING or RECYCLING REFINING & SMELTING Manufac-turing of halffabricates Consumer Use of articles End of Life (recycling or disposal) Covered by CHEMICALS MANAGEMENT • Trend to protect consumers: focus articles, assessment of consumer uses, man via the environment (less workers) • Risk based considerations

20. By playing on “new welfare barriers”: the product safety assurance in a global world • By setting EU legislation: • REACH restrictions: a way to control “import of unsafe articles” • On “Product (article) standards” • By participating, controlling globalisation of chemicals management as ‘Initiator’ • being a large end-user market • because of high weight of (fine) chemicals market • use in policy and trade negotiations • REACH export

21. Make use of opportunities to find the best ways forward

22. Use opportunities… • Anticipate and ensure consistency • By being smarter and quicker than authorities …

23. Use opportunities …(2) • Anticipate how pieces of legislation are articulated and how to bring them together • IED and REACH • Consumer aspects • Diffuse sources • Restrictions vs. RoHS • Contribute to it by promoting REACH data/efforts set as a reference • Construct, support well built up risk-based approaches, exemplified at EU and OECD level

24. Use opportunities…(3) • Make the best use of existing data and knowledge • Furtherimprovement of guidance (e.g. BLMs, sediments, diffuse sources, removalfrom the water column) • Have robust and understandabledatasets • Recycle efforts (OECD, UN, APEC, Countries…)

25. Use opportunities…(3) • Anticipate the globalisation and step in: • Asia(Japan, South Korea, China, Malaysia, ...): chemical management policies fastly ramping up and using REACH model • US and Canada: slowly ramping up and/but playing a “home agenda” • Australia: moving slowly due to low economic weight of (fine) chemicals market • Russia: harmonises internally first to create common market • Africa : still open territory. Market access, proving product safety are not high policy items

26. Use opportunities…(4) • Anticipate the trends and step in: • Hazard will (spontaneously?) evolve to common view/base (database or “common list”) • Substances in articles/consumers as next “battlefield” • “Product (article) standards” will stimulate spontaneous harmonisation due to market access • More and more but different “national lists” to maintain some “national impact” • Keep in mind that chemicals management is not only a tool to handle hazard and risks, but also a market/policy tool for regional governements

28. Thank you!