Document LJO32d1y263xOpdDVgn5ODmYq
HECHA
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involvement of relevant
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FPP4EU Collaboration Platform Workshop
12 December 2022
European Chemicals Agency
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Overview
AA REACH restriction process
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HECHA
REACH restriction
Protects our health and the environment from chemical risks
Addresses a risk that is not adequately controlled Where action is required at EU wide level Safety net for other REACH and EU processes
Usually limits or bans manufacture, placing on the market or use of a substance (also in a mixture/article)
Can set out specific conditions such as technical measures or labelling requirements
Dossier Submitter can be Member State(s) or ECHA
3
Restriction proposal
Restriction report (Annex XV report) includes:
Information on hazards, exposures and risk Justification for action at EU wide level Available information on alternatives
Report has to show that a restriction is the most appropriate measure to address identified risk
Restriction report may also include socio-economic analysis
Net benefits (human health, environment) Net costs (industry, consumers, social and wider implications) Usually included
Inform decision maker for final decision (with opinions)
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After submission
Expected for `universal' PFAS: 13 January 2023
Restriction report publicly available after submission (prepublication, not for consultation) Early February 2023
Opinion-making process (typically 14 months)
Conformity check: RAC and SEAC March 2023 meetings Six-month consultation on restriction report 22 March 2023 Evaluations of RAC and SEAC documented as `opinions' 60-day consultation on SEAC draft opinion Comments submitted in consultation (and responses) published
with updated proposal (Background Document)
After adoption, opinions published and sent to Commission
Scrutiny by EU Council and European Parliament
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Restriction process
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Objectives of opinion-making
Client is the decision maker (Commission and Member States) Based on the proposal and RAC/SEAC opinions they need to:
Decide that there is an unacceptable risk to human health or the environment, arising from the manufacture, use or placing on the market of substances
Decide that the risk needs to be addressed on a EU wide basis Take into account the socio-economic impacts of the proposal,
including the availability of alternatives
RAC/SEAC evaluation focuses on 'justification for a restriction'
Assessment by the Dossier Submitter in restriction report Comments by interested parties in the consultations
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Objectives of opinion-making - SEAC
Formulate an opinion on the proposed restriction and the related socio-economic impacts, taking into account consultation comments
What are the impacts of the proposed restriction?
Costs
Reliability, representativeness and appropriateness of
Benefits Uncertainties
data/assumptions/methodology; impact of uncertainties on conclusions; can be qualitative or quantitative
Is the proposed restriction the most appropriate means to address the identified risk (Annex XV criteria)?
Effectiveness (to address the risk) Practicality (including enforceability) Monitorability
Proportionality to address the identified risk; can the measure be enforced (not necessarily by analytical means); is risk reduction monitorable over time?
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Input of stakeholders - When?
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Input of stakeholders - When?
Consultation on the restriction report
Make use of the early submission deadline if possible Multiple submissions can be made
RAC and SEAC meetings
Ensure that relevant stakeholders are registered to follow the discussions
Further info on committees' procedures:
echa.europa.eu/about-us/who-we-are/committee-for-risk-assessment echa.europa.eu/about-us/who-we-are/committee-for-socio-economic-analysis
Consider the indicative evaluation schedule
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Indicative evaluation schedule
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Input of stakeholders - How?
Consultations
Detailed information should be submitted through consultations Use of alternative routes is discouraged - response will be to submit
the information through the consultations Non-confidential submissions will be published RAC/SEAC members also have access to confidential submissions All consultation submissions analysed in detail by Rapporteurs -
responses to (non-confidential) submissions published
RAC/SEAC meetings
Input during meetings should be brief scientific/technical points to aid discussions
Keep in mind the remit of each Committee
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Input of stakeholders - What?
Information typically relevant for SEAC
Alternatives and their performance/suitability Impacts of proposed restriction Uses affected by the proposal missing from the assessment
Make impactful consultation submissions
Structure submissions clearly - provide a summary section, use bullet points for key issues, prioritise issues, avoid jargon
Answer specific questions that have been asked Provide supporting information and evidence - if documents are
attached be clear why these are important Requests for derogations or longer transition periods must
demonstrate that the impacts of the proposal would be disproportionate - be realistic
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Conclusions
Adds
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REACH restriction is a flexible tool --
it addresses chemical risks that
cannot be addressed otherwise
Opinion-making is about facilitating
informed decision-making - SEAC's
focus is on socio-economic impacts
Stakeholderinputs are important throughoutthe process - clear
submissions to consultations are key
1
BECHA
Thank you
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