The 2nd review of REACH Regulation (known as REACH REFIT evaluation) is being carried out by the Commission in parallel with the fitness check on the most relevant chemicals legislation (excluding REACH) as part of the Commission's Regulatory Fitness and Performance Programme (REFIT) and in line with the principles of Better Regulation.
An online public consultation was held at the beginning of 2017 with the objective of obtaining stakeholders’ views on the strengths and weaknesses of REACH as well as any potentially missing elements. 455 contributions to the fixed questionnaire plus 200 uploaded documents (144 from Associations) were received during the consultation. 77% of the contribution came from industry.
Fecc, the voice of the Chemical Distributing Industry, contributed to the public consultation setting up the bases of the upcoming years strategy.
1. Better understanding of the role of distributors and REACH obligations
- Authorities should understand that distributors, in cases of pure distribution (storage and placing in the market) are neither importers nor downstream users (Art. 3) and should not impose on them obligations pertaining other parties in the supply chain.
- Authorities should also better understand the role of the different parties in the supply chain and acknowledge that the parties can have different roles under REACH irrespective of their position in the supply chain.
2. Effectiveness of enforcement to reach a level playing field
- Additional efforts should be made by enforcement authorities to ensure a level playing field across Europe.
- An adaptation period is needed. Enforcement authorities should be flexible enough and understand that time is needed for the successful implementation of new requirements and processes of REACH.
3. REACH coherence with others pieces of legislation
- An integrated and harmonised regulatory approach should ideally be extended to cover also other pieces of legislation,
- Overlaps between REACH and other pieces of chemicals legislation (eg. Occupational Health and Safety) should be solved and the interfaces optimised (e.g. Waste Directive).
4. Efficiency and relevance of REACH requirements in the supply chain communication
- Things can only become successful when are built on well-defined and solid bases and therefore that ECHA should focus on the basics and not go beyond the legal text, setting requirements that are not legally compulsory (e.g. ESs for mixtures).
You can acces the full Fecc document here