Brussels, 15 septembre 2004

EURO COOP is the European Community of Consumer Co-operatives, whose members are the national organisations of consumer co-operatives in 16 of the 25 EU Member States and in 2 EU Candidate Countries,. Created in 1957, EURO COOP today represents over 3,200 local or regional co-operatives, membership of which amounts to 22 million consumers in Europe.

EURO COOP welcomes the European Commission proposal (COM (2003) 644) for a revised chemicals policy.

EURO COOP has for many years called for a revised the EU Chemicals Policy that would better protect the environment and human health. The current system needs to be overhauled, as the control and classification of existing chemicals under the system is too slow and inefficient. As stated by the European Commission , of the 140 substances put on priority lists for high production volume (HPV) chemicals, only 11 assessments have been concluded over a 10-year time span.

The current regulatory system is based on some 60 individual pieces of legislation, which makes the procedures cumbersome. Hence, the current system does not encourage innovation and substitution.

In EURO COOP's opinion any strategy and follow-on legislation must be based on:

• A full right to know, including what chemicals are present in products.
• A deadline by which all chemicals on the market must have had their safety independently assessed. All uses of a chemical should be approved and should be demonstrated to be safe beyond reasonable doubt.
• A phase-out of persistent or bio-accumulative chemicals.
• A requirement to substitute less safe chemicals with safer alternatives.
• A commitment to stop all releases to the environment of hazardous substances by 2020.

EURO COOP agrees that REACH must aim to close today's knowledge gap, maintain and enhance the competitiveness of European industry, protect animals, and ensure open access to key information for anyone who uses chemicals in one way or another. We believe that consumers will accept to pay the price of this system, but only if REACH at the same time aims to protect the environment and human health, particularly vulnerable groups such as children.

It should not be possible for industry to use chemicals in products where the effects to human health and the environment are not known.

However, EURO COOP is disappointed to see that a number of its comments to the European Commission Consultation Document of 10 July 2003 has not been included in the final proposal, and would therefore like to reiterate the following:

Scope of Authorisation:

EURO COOP finds it important that a mechanism is developed on how to deal with the potential of synergetic effects from a mix of chemicals. If not, there is a risk that chemicals will be authorised due to their PNEC (potential no effect concentration), despite the fact that there would be a problem if a number of chemicals appear as a "cocktail" in the air, the sewage sludge, water or soil.

Precautionary Principle and Principle of Substitution:

EURO COOP also believes that the precautionary principle and the principle of substituting with safer alternatives need to be further developed and more clearly expressed in the proposal. The system must not become a license to continue using risky chemicals. The intention must be to ban risky chemicals except in those cases where it can be proved that there is a public need and no safer substitute. A pre-requisite for this is to safeguard the safe disposal of packaging and product waste.

In this respect, EURO COOP would like REACH to address the problem on how to avoid that banned chemicals or products containing the banned chemical/chemicals are being supplied to retailers simply in order for manufacturers to circumvent their responsibilities before the ban enters into force. A system needs to be put in place to avoid this.

Animal Testing:

While EURO COOP recognises that the Commission has strengthened the provisions in relation to data sharing we would still like to stress the importance of information sharing in order to avoid duplicate testing. It should be an absolute requirement that there is no duplication of testing.

In addition, EURO COOP believes that more should be done to encourage the development of alternative test methods and, that once available they should become the standard test method for that particular endpoint.

Evaluation:

In order for the system to work, it is necessary that deadlines are set for evaluating how well it is functioning and if it meets the aims set out. It may also be necessary to adjust or change some of the original aims due to new scientific evidence of safer alternatives or harmful effects of a chemical or a combination of chemicals to human health and/or the environment.

In addition, timetables for authorisation, non-authorisation or use restrictions of the various kinds of chemicals should be included in order to have an optimal system.

EURO COOP would also like to see financial means allocated to further research and development of safer alternatives.

Information:

EURO COOP would like to stress the necessity to include in REACH a simple and comprehensible labelling system. The consumers have a right to know the constituents of products in order to be able to make an informed choice.

Besides, retailers will need the information too in order to be able to advise their customers/consumers. Currently, there is no system in place to secure the flow of information from producers to downstream users and consumers.

Nevertheless, labelling must not be used by industry to put the responsibility on consumers. Industry must remain responsible for the content, and correct use and disposal of their products.

However, one thing is labelling products another thing is for the labels to be comprehendible for all users/consumers. Therefore, educational measures, such as information campaigns and leaflets, should be taken in order for the consumers to better understand the problems in relation to chemicals.

Agency:

Regarding the Agency's expert Committees and Management Board, EURO COOP believes that all stakeholders must be represented on those on an equal footing, from the producer to the final consumer.

In conclusion, EURO COOP would like to reconfirm its support to a new EU chemicals policy. We do not wish to see any further delays.