Improved Transparency of Legislative Procedures for REACH Restriction Proposals

The European Chemicals Agency (ECHA) is taking steps to improve transparency in the legislative processes related to REACH restriction proposals. A restriction proposal may be initiated by a member state or by ECHA at the request of the European Commission or on its own initiative for substances in the Authorisation List (Annex XIV of REACH). Substances on this list cannot be placed on the market or used after a certain date unless an authorization is granted for their specific use, or the use is excluded from authorization.

The Forum for Exchange of Information on Enforcement (Forum) comprises representatives from each EU member state, along with ECHA’s secretariat, experts from member states, the European Commission, and accredited stakeholder organizations (ASOs). Its rple is to evaluate and provide advice on the enforceability of proposed restrictions under the REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals) framework, to help the evaluation and decision-making of restriction proposals. As a new development, the Forum’s advice is now be accessible to the public on ECHA’s website.

The first advice made available is on the proposal to restrict creosote and related substances in treated wood [1]. Creosote, derived from the distillation of wood or coal tar, is used as a wood preservative. The Forum believes that the proposed restriction has a well-defined scope and can be enforced effectively, but it recommends some adjustments, such as establishing a limit value and providing clarity in the wording of the restriction.

ECHA’s Committees for Risk Assessment (RAC) and Socio-Economic Analysis (SEAC) will incorporate the Forum’s perspectives into their decision-making processes. Subsequently, the advice, along with the Committees’ final opinions, will be shared with the European Commission to support their decision-making procedures.