EURATEX has in a position paper called for “meaningful effort” to simplify the most complex chemicals legislation in the world, urging the European Commission to create a more efficient and coherent regulatory chemicals framework that should focus on the competitiveness and innovation of the EU industry.
Simplifying REACH would mean:
- reducing the administrative burden not only for authorities but also for companies and SMEs;
- provide greater long-term legal and investment certainty;
- engage in dialogues involving industry and authorities, bringing in efficient results.
This will increase transparency and predictability for companies, and reduce the overall workload for both authorities and industry as a result of the efficiency gains. This will also contribute to retaining key industries and businesses from relocating outside of the EU.
THE POSITION PAPER—Towards a truly simplified REACH—besides outlining issues also has 6 key recommendations from the textile industry:
1. Rely on actual scientific and risk-based data and avoid any generic hazard-based approach: In addition to the already existing Restrictions Roadmap, the Commission is considering the inclusion of the Essential Use Concept (EUC) or the extension of the Generic Risk Management Approach (GRA) under the REACH revision. If clear criteria to classify a substance in a hazard category are not added, under science-based risk assessment, and if the GRA and the EUC are further applied, the industry will continue facing regulatory uncertainty and will never have legal predictability to enable R&D to identify and develop safe alternatives.
Recommendation:
- Maintain a risk-based approach for the restriction procedure that allows adequate risk management.
- Avoid regulatory actions like the restriction or authorisation of hazardous chemicals that has been proven to be safe once in the product.
2. Facilitate information exchange along the value chain: Apart from the existing challenges, the Commission is considering to facilitate cross value chain communication by tasking ECHA to resume its work on the extended SDSs. Extended SDSs are around 50 to 60 pages and they include exposure scenarios for every use that is registered. Complex extended SDSs can, therefore, unlikely reduce burdens for companies.
Recommendation:
- Simplified, digitalised and globally harmonised Technical Dossiers and SDS need to be provided by the chemical industry in order to facilitate information exchange in value chain.
- Full interoperability of data exchange needs to be ensured to make information transmission on chemicals more efficient.
3. Identify harmonised and validated test methods and update regulatory requirements based on scientific progress: In case there are any tests to be performed at the finished product stage, it is technically burdensome for the textile industry to do so, due to the number of chemical substances involved and to the missing test methods for the textile itself. Some chemical substances used, for example, are not intended to remain until the finished product stage. They are, therefore, not detectable in the final product. Additionally, the lack of test methods for newly regulated substances/substance groups makes it difficult to prove that the textile is compliant. Therefore, any restriction should only be valid in conjunction with a test method. This ensures security for both companies and authorities.
Recommendation:
- Standardising analytical methods for the development of technical dossiers and test product compliance is essential to obtain reproducible, high-quality results and reliable assessments.
- If new or additional test methods are introduced, it is necessary to evaluate their impact on existing thresholds and allow sufficient time for industry to adapt.
4. Apply targeted restrictions instead of the dynamic link between CLP and REACH: One of the biggest concerns of the textile industry is the “dynamic link” proposed in certain restrictions under REACH. CLP is the legislation dealing only with the classification of substances, which doesn’t include any risk assessment. REACH, however, covers the registration, evaluation, authorisations and restrictions of chemical substances. REACH is also based on extensive risk assessments and detailed information on the safe use of chemical substances. The dynamic link, that would be put in place between REACH and CLP, would prevent stakeholders from being engaged in the restriction process and from proving the safe use and lack of alternatives. It would also prevent any discussion on proper threshold levels or test methods
Recommendation:
- It is essential to ensure clear separation between REACH and CLP legislation and avoid automatic triggers between the two legislations.
- Establish a Master List of relevant substances as initial scope to facilitate compliance for authorities and economic operators.
- Include a “smart-link” to the restriction instead of a dynamic link with CLP.
5. Allow adequate timing for industry to apply their legal obligations when a SVHC is included in the Candidate list: Once a substance is identified as Substance of Very High Concern (SVHC), it is included in the Candidate List. Textile importers and manufacturers need sufficient time to investigate whether a SVHC is present as residue in the chemicals used throughout the global textile value chain. The candidate list was extended three times by ECHA last year. This leads to legal uncertainty and lack of predictability for the industry and creates extra administrative burden and costs, especially for SMEs.
Recommendation:
- Addition of substances to the Candidate List should only be done once a year, on a fixed date.
- Inclusion of a transition period of one year, from which the information obligation for articles applies.
6. Ensure a level playing field for enforcement and enforceability: The actions promised by the European Commission to revise the REACH framework and provide clarity on PFAS, and the expected new ‘Chemicals Industry Package should take into account the competitiveness of the European industry, and tackle any unfair competition from non-EU countries.
Recommendation:
- It is necessary to foster a global level playing field and consistent and coherent policy frameworks in order to maximise the resilience of the industry in the EU.
- Enforcement and enforceability must be considered from the beginning and throughout all stages of the decision-making process.
- Always assess whether regulatory measures would put a disproportionate burden on EU industry and SMEs.
ABOUT: As the voice of the European textile and clothing industry, EURATEX works to achieve a favourable environment within the European Union for the design, development, manufacture and marketing of textile and clothing products. Working together with EU institutions and other European and international stakeholders, EURATEX focuses on clear priorities: an ambitious industrial policy, sustainable supply chains, innovation and skills development, free and fair trade.
