Substitution requires all possible support

elni Review ◽  
2018 ◽  
pp. 39-46
Author(s):  
Antonia Reihlen ◽  
Heidrun Fammler ◽  
Arne Jamtrot ◽  
Martyn Futter ◽  
Jana Simanovska

In its Art. 57, the EU chemicals regulation REACH lists specific hazardous properties that are of particular concern for human health and/or the environment. Substances which have been demonstrated by Member State authorities or by the European Chemicals Agency (ECHA) to fulfil these criteria are identified as substances of very high concern (SVHCs). These substances are included on the list of candidates for authorisation under REACH, the ultimate aim of which is their eventual phase-out where technically and economically feasible. Although the awareness of chemical risks has increased in general and authorities have intensified their support to companies, the rate of substitution of hazardous substances is still criticised as too slow. In October 2018 an international seminar was jointly organised by three EU projects dealing with the reduction of risks from hazardous chemicals: “LIFE Fit for REACH” provides specific support on substitution to Baltic companies; the “NonHazCity” InterReg project identifies emission sources of hazardous substances, builds awareness and capacity in chemicals in cities and leads to emission reductions from small scale sources. The third project “LIFE AskREACH” aims at developing a smartphone app to improve communication of information on SVHCs in articles under REACH to consumers and improving related supply chain communication and awareness. At the seminar, opportunities to support substitution and overcome current barriers were discussed by experts from the EC, ECHA, Member States and different organisations, including academia, NGOs and the industry. This article describes the background of the discussions and the conclusions from the activities in the three projects, including the aforementioned joint seminar. It also contributes to the discussions on options to foster substitution in general.

elni Review ◽  
2018 ◽  
pp. 32-38
Author(s):  
Julian Schenten ◽  
Martin Führ ◽  
Leonie Lennartz

Companies producing or importing articles (or parts thereof) as well as retailers are facing new challenges coming from societal demands and expectations directed at transparency of (problematic) substances in articles (SiA), and the overall “sustainability” of supply chain operations. Legislation on chemicals in the EU (e.g., REACH) and beyond stipulating legal SiA requirements reflect these developments. In addition, with a view to eliminating problematic substances in material circles, the recently amended Waste Framework Directive requires, from January 2021 on, companies placing articles on the European Economic Area (EEA) market to report to authorities the presence of substances of very high concern (SVHC) above a certain threshold in such articles. ´ Chemical compliance management is not part of the core business for many companies. Many actors perceive related challenges as an overwhelming task. IT-based solutions offer opportunities to establish a systematic approach to transparency and traceability of SiA within complex global supply chains. In order to “be prepared” for future legislation, the long-term vision of a Full Material Declaration (FMD) is a promising approach. This way, firms can meet their present requirements from law as well as from sectoral or company specifications, and can prepare for future requirements. This article compares supply chain communication requirements and needs on the one hand and actual practice on the other in order to subsequently identify the respective delta. The article also introduces FMD as a strategy to overcome the delta and shows development perspectives for existing approaches. Finally, after drawing conclusions, the article formulates recommendations for EU policies.


2012 ◽  
Vol 2 (1) ◽  
pp. 95-115 ◽  
Author(s):  
Dirk A. Heyen

AbstractIn 2006, the EU adopted the REACH Regulation – the world’s most demanding chemicals regime so far. Even before it entered into force, the European Commission declared its ambition to make REACH a global standard, and several authors see a potential for far-reaching influence via the ‘California effect’, as conceptualized by David Vogel. Economic preconditions are indeed fulfilled with the chemicals industry being highly globalized, the EU as an attractive export market and REACH applying to imports. Following Vogel, firms exporting to the EU might have an incentive to lobby for similar requirements in their country. This article examines whether American chemical producers do, indeed, push for EU-like provisions in the debate on US policy reform. While there is some influence on the US, it is shown that REACH does not (yet) trigger a ‘California effect’. The business case does not seem to be strong enough.


2010 ◽  
Vol 1 (3) ◽  
pp. 239-250 ◽  
Author(s):  
Kristina Nordlander ◽  
Carl-Michael Simon ◽  
Hazel Pearson

Hazard is the potential of something to cause harm; risk is the likelihood of harm occurring. Chemicals regulation is largely focused on minimising risks associated with chemicals — and rightly so. However, in the EU the hazard classification of individual chemicals can impact significantly the regulation of products containing those chemicals, regardless of the actual risks that the products may pose to human health or the environment. This can lead to undesirable consequences, such as restrictions on the use of safe products, substitution towards less safe products, and disincentives to innovate. Such hazard-based regulation tends to be at odds with World Trade Organization rules and has raised significant concern with EU trading partners. This journal is an ideal forum for discussing how the EU can move towards a better and more coordinated legal framework for the regulation of chemicals.


2013 ◽  
Vol 2 (2) ◽  
pp. 363-385 ◽  
Author(s):  
Emilia Korkea-aho

AbstractEU law is teeming with framework norms – ‘laws in progress’. They provide little clarity for those to whom they apply, engendering rule-making in networks to assist those charged with implementing and applying laws at the national level. Taking as its specific focus the particular process through which the concept of an ‘article’ was constructed and constituted in a set of negotiations around the EU Chemicals Regulation, REACH, this article shows that networks not only make framework norms operational but also transform them in the process. The fact that networks have an important role in laying out what the law says throws the effectiveness of traditional forms of accountability in doubt. In particular, judicial control is in need of rethinking in order to accommodate norms that change and the networks that change them. This article suggests looking at the connections between internal peer control and externally operating judicial control as a way to keep up with the progress of laws in progress.


elni Review ◽  
2010 ◽  
pp. 78-80
Author(s):  
Stefan Scheuer

The Water Framework Directive (WFD) of 2000 is the EU's first law establishing legal obligations to move towards eliminating the emission of hazardous substances into EU's waters within 20 years. This recognises that the safe way to deal with substances which can cause long-term or irreversible damage is to aim at zero or background concentrations rather than setting tolerable limits as favoured by conventional chemical risk assessment methods. There is a long way to go from the WFD's respective legal obligations to ultimately achieving zero emissions for selected hazardous substances. In 2010 Greenpeace undertook a first spot check of the quality of implementing those obligations for the pollutant nonylphenol (NP), a hazardous water pollutant which has been severely restricted in the EU since 2003. Based on these findings this paper analyses the repercussions from a broader perspective of the legal situation, including whether and when legal breaches are likely to occur and what the consequences are for the political objectives of chemical safety management. To this end, the paper examines the shared obligations between the EU and its Member States and the links to the new EU chemical safety management rules under REACh.


Author(s):  
Ľuboš SMUTKA ◽  
Helena ŘEZBOVÁ ◽  
Patrik ROVNÝ

The European sugar beet quota system is in very high dynamic process in recent years. The number of sugar companies involved in this system has been constantly decreasing. The aim of this paper is to define subjects (companies/alliances), which possess the current production capacities working under the production quotas system. The paper is determining especially the level of beet sugar production quota holder system concentration using the Herfindahl-Hirschman Index. The paper provides the following findings. The European quota holder system is extremely concentrated and it is becoming more and more dominated by fewer players. Sugar quota is distributed among 19 EU-Member States. In this regard, the quota is generous, especially in relation to France, Germany, Poland and United Kingdom. In Finland, Lithuania, Hungary, Sweden, Denmark, the Netherlands, Slovakia and the United Kingdom controlled by two or even one subject (companies, alliances). There is a large discrepancy between political efforts to distribute equitable R 1308/2013-sugar quotas among states and the actual reality of those distributions. While the EU-quota holder system does not indicate an extreme concentration, an analysis according to the headquarters´ location and allocated quotas to owners of production capacities provides the evidence of extreme concentration.


2019 ◽  
Vol 2 (1) ◽  
pp. 071-084
Author(s):  
Silwanus M. Talakua ◽  
Rafael M. Osok

The study was conducted in Wai Sari sub-watershed, Western Seram Regency Maluku to develop an accurate land degradation assessment model for tropical small islands. The Stocking’s field land degradation measurement and RUSLE methods were applied to estimate soil loss by erosion and the results of both methods were statistically tested in order to obtain a correction factor. Field indicators and prediction data were measured on 95 slope units derived from the topographic map. The rates of soil loss were calculated according to both methods, and the results were used to classify the degree of land degradation. The results show that the degree of land degradation based on the field assessment ranges from none-slight (4.04 - 17.565 t/ha/yr) to very high (235.44 - 404.00 t/ha/yr), while the RUSLE method ranges from none-slight (0.04-4.59 t/ha/yr) to very high 203.90 - 518.13 t/ha/yr.  However, the RUSLE method shows much higher in average soil loss (133.4 t/ha/yr) than the field assessment (33.9 t/ha/yr). The best regression equation of  logD/RP = - 0.594 + 1.0 logK + 1.0 logLS + 1.0 logC or D = 0.2547xRxKxLSx CxP was found to be a more suitable land degradation assessment  model for a small-scale catchment area in the tropical small islands.


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