US states in push for EU-style chemicals law

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http://www.euractiv.com/en/environment/us-states-push-eu-style-chemicals-law/article-155099 US states in push for EU-style chemicals lawIn Short:As Europe prepares for REACH, US states and local authorities have started to pass reforms similar to the EU’s forthcoming chemicals law, a Washington environmental group reports. RELATEDChemicals Policy review (REACH)US companies fear 'black list' effect of REACHBackground:The US administration has so far been critical of REACH, as was revealed in a 2004 US senate report detailing the tactics used by the Bush administration and the US chemical industry to amend the draft EU law. The report mentions a cable sent by then Secretary of State Colin directing US diplomatic posts to "raise the EU chemicals policy" as "a costly, burdensome, and complex regulatory system".Issues:"Before the advent of the REACH proposal in the European Union, the phrase 'chemicals policy' was rarely heard in the United States", says Daryl Ditz from the Centre for International Environmental law in Washington.But he says

this is now starting to change. The current US federal legislation, the Toxic Substance Control Act (TSCA), enacted in 1976, leaves states and local authorities free to regulate chemicals. "As of May 2005 at least six states had passed legislation restricting certain brominated flame retardants," says Ditz in a new report sponsored by the WWF. And, according to him, the trend is for the scope of these efforts to expand from individual substances to whole groups of chemicals. Similar initiatives have been taken on mercury-containing products and other persistent pollutants.In Congress, a bill is currently underway to replace the 30 year-old TSCA with a new chemicals bill, the 'Child, Worker and

Consumer-Safe Chemicals Act'. Tabled in July 2005 by Senator Lautenberg (see EurActiv 18 July 2005), the bill resembles REACH in that it would place the burden on companies to prove that their products are safe before they are allowed on the market. The bill has yet to be examined in Committee but supporters are hopeful that, if the House shifts to the Democrats, the new Congress could take up the issue as early as 2007.Ditz says some of the strongest driving forces for chemicals policy reform originate outside US borders. The adoption of REACH in the EU, he says, "will likely accelerate the progress toward to fundamental reform in the United States".Positions:In a position paper dated 10 April 2006, the American Chamber of Commerce to the EU (AmCham EU) drew attention to a possible "black list effect" of REACH that it says could cause massive business disruptions for US companies operating in Europe. AmCham EU said it fears a list of toxic substances to be assessed in priority under REACH will be used by green NGOs and governments to force these substances out of the market. It said such an outcome would constitute an unnecessary obstacle to trade and open the prospect of a WTO dispute in accordance with article 2.2 on technical barriers to trade (TBT).Latest & next steps:29 June 2006: Competitiveness Council expected to formally adopt its common position in first reading (with legal translations) following political agreement last year October 2006: Expected vote in Parliament Environment Committee (second reading)24 October 2006: Expected vote in Parliament Plenary (second reading)End 2006: Expected second reading in Council and possible final approval of REACH LinksEU official documentsEuropean Parliament Legislative Observatory (OEIL): Chemicals : REACH system and European Agency [FR] Commission (DG Enterprise): The new EU chemicals regulation - REACH [FR] [DE] Commission (DG Environment): REACH EU Actors positionsWWF: How America is defying its government line on chemicals (9 May 2006) Center for International Environmental Law: Cloudy Skies, Chance of Sun - A Forecast for U.S. Reform of Chemicals Policy (9 May 2006) AmCham EU: Position paper on areas of concern and priority issues on REACH (10 April 2006) AmCham EU: US Business calls for Chemicals Proposal that can be harmonised with Regulatory Proposals (16 Nov. 2005) Related DocumentsUS companies fear 'black list' effect of REACH (28 April 2006)EU concludes on safety of chemical thought to cause child cancer (24 April 2006)EU research to look into chemical exposure of babies (24 February 2006)New study evaluates environment and health benefits of REACH (17 February 2006)UN agrees global strategy for safer chemicals (09 February 2006)US states in push for EU-style chemicals lawToolsSystran rough translationE-mail to a friend

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