Document 82K8dyBZmz4mRZ02dDevvKr8B
MECHA
REACH Restriction
process
EPEE APPLIA Regulating
refrigerants:-a-sustainable route towards Green Deal objectives
09 March 2022
Restriction Process Coordinator FNS Ee
echa.europa.eu/restriction-process
REACH restriction
Restriction is a tool for protecting our health and the environment from the risks posed by chemicals
Address a risk that is not adequately controlled Where action is required at Union level Safety net for other REACH and EU processes
Restrictions usually limit or ban manufacture, placing on the market or use of a substance (also in a mixture/article)
A restriction can also set out specific conditions such as technical measures or labelling requirements
Dossier submitter can be a Member State or ECHA Evaluated by ECHA's committees for risk and socio-
economic analysis Decision making by COM with Member States Scrutiny by Council of the EU and European Parliament
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echa.europa.eu/restriction-process
Restriction process
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Starting the process
If Member States, Commission or ECHA have a concern that a substance poses a risk to our health or the environment, preparatory work starts to investigate the problem through risk management option analysis (RMOA)
If they conclude that a restriction is the best way forward a notification is made
Registry of intentions
12 months prior to submission
Enables interested parties (citizens, organisations, companies and authorities) to plan for how they will contribute the restriction process
echa.europa.eu/registry-of-restriction-intentions
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Restriction proposal
Annex XV report
Annex XV report should contain:
Information on hazards, exposures and risk Justification for action at EU-wide level Available information on alternatives
Proposal has to show that a restriction is the most appropriate risk management measure to address identified risk
Multiple restriction options can be assessed Proposal would typically also include socio-economic
impact analysis
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Evaluation (~12 months)
After submission by ECHA
Risk Assessment Committee (RAC) Socio-Economic Analysis Committee (SEAC)
opinions
Effectiveness, practicality and monitorability of the proposed restriction(s)
An appropriate restriction must be:
Targeted to effects or exposures resulting in the risk
Capable of reducing these risks within a reasonable time period proportionate to the risk
Socio-economic analysis
Net benefits to society (human heath and environment)
Net costs to society (manufacturers, importers, consumers)
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Consultations and stakeholder input
Proposed restrictions subject to a 6 month consultation
Draft SEAC opinion consultation for 60 days
RAC-related information
Annex XV will use best available information
Could be `default' values or reasonable assumptions
Stakeholders could have information to refine the risk assessment e.g.
Effectiveness of risk management measures
Closed systems and minimisation
Exposure/releases throughout the life cycle
Manufacture Service life End of life
Claims must be substantiated with argumentation or data
ECHA guidance Always best to provide information early
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SEAC-related information
Availability and performance of alternatives Impacts of the proposed restriction
Costs and benefits for affected actors Other impacts (e.g. climate impacts) Analysis demonstrating that the conditions of the
proposed restriction would be disproportionate
AKA derogation requests
Relevant elements of impact assessment detailed in Annex XVI of REACH
ECHA guidance Always best to provide information early
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Summary
Restriction is a flexible risk management tool to address risks for chemicals
A dossier contains
a risk assessment Justification that the proposed restriction is effective,
practical and monitorable Impact assessment for restriction opinion(s)
6 month consultation
Information on risk assessment Impacts of the proposal (positive and negative)
Decision making takes into account RAC/SEAC opinions
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