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Is REACH reaching out?

Is REACH reaching out?. The actual and possible influence of REACH on a national and an international level. Group 2 – Lejla Fazlinovic , Julia Hellström , Stefan Jönsson. Disposition. REACH in general and the discretion of EU member states REACH and the regulation in the USA

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Is REACH reaching out?

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  1. Is REACH reaching out? The actual and possible influence of REACH on a national and an international level Group 2 – LejlaFazlinovic, Julia Hellström, Stefan Jönsson

  2. Disposition • REACH in general and the discretion of EU member states • REACH and the regulation in the USA • REACH and the global chemicals regulation

  3. REACH and the member states

  4. REACH Precautionary regulation (Article 1) No data, no market (Article 5) Substitution All private actors in the supply chain are obligated to ensure the safety of the substances they handle Scope Applies to all substances within the meaning of Article 3 (Article 1) Does not apply to certain substances (Article 2)

  5. Registration, Evaluation, Authorisation Registration Evaluation Authorisation Restrictions

  6. REACH and MS Based on art 114 TFEU – free movement Article 128 Paragraph 2 What competence is left for the Member States?

  7. REACH and the USA

  8. Impact on the USA Highlightinginadequaciesof national legislation Expanding the scopeof options available for chemicalregulations Has leadto recent improvementoflegislationregardingregulationofhazardouschemicals

  9. InfluenceofREACH’s information disclosure U.S. chemical companies may incorporate EU toxicity testing and information disclosure norms into their own internal practices REACH toxicity data will increasingly shape the chemical purchasing decisions of U.S. manufacturers, retailers, and consumers

  10. InfluenceofREACH’s information disclosure U.S. federal regulators can use the toxicity data from Europe in existing regulatory regimes, including the national TSCA and other environmental laws Information disclosure under REACH is likely to have significant impacts on subnational environmental regulation in the United States

  11. REACH on a global level?

  12. In this section… • How could REACH influence the global regulation? • What is problematic about the current global regulation? • Possible contributions of REACH Important source: • Biedenkopf, Katja, “Global REACH?: The Potential International Impact of EU Chemicals Regulation”,EUSA Conference, Los Angeles, 25 April 2009

  13. How could REACH influence the global regulation? • Three steps: • Affects private actors outside the EU • Inspiration for other countries– e.g. the US! • Shaping international norms

  14. Global regulation – problems? • International agreements • Fragmented regulation • Leads to “cherry picking” • Voluntary initiatives on gathering/assessment of information • Self-regulation leaves us at the mercy of the industry…

  15. Possible contributions of REACH • Difficult to unify an already fragmented sector... ... BUT inspiration could lead to some improvements! • Information! • Quicker procedures

  16. Conclusion • Problems with REACH • Problems with the global regulation • The US more positive • REACH really IS reaching out– for better or worse…

  17. Thank you!

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