Technical assistance related to the scope of REACH and other relevant community legislation to assess overlaps
Cilent: European Commission / DG Environment
The REACH Regulation (EC 1907/2006) on the registration, evaluation, authorisation and restriction of chemicals substances established a comprehensive horizontal framework for ensuring better protection of human health and the environment from risks related to chemicals. Article 138(6) of REACH provides that a review shall be carried out by 1 June 2012 to assess whether or not the scope of this Regulation shall be amended to avoid overlaps with other relevant EU provisions.
This major project supported the European Commission in its task of carrying out the Article 138(6) review. Milieu carried out legal and technical analyses of all EU legislation (adopted or to be adopted) related to chemicals and applying in areas related to REACH, including relevant legislation on:
The legal analysis focused on identification of aim and scope, definitions and exemptions, and other regulatory aspects, including risk management measures, while the technical analysis considered each legal act’s method of risk assessment. The relevant elements gathered via these analyses were then compared to the provisions of the REACH Regulation. Comments from interested stakeholders were solicited via a dedicated website and also considered as part of the overall analysis.
The aim was to identify synergies, gaps and overlaps, and to clarify any specific articulations between REACH and other EC legislation. Recommendations were then formulated to address the gaps and overlaps identified, in particular with a view to avoiding instances of double regulation.