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European Union Chemical News Roundup, December 2016

Industry Experts Call for Streamlined Environmental Standards Post-Brexit 

Edie.net recently reported on industry representatives appearing before the British House of Lords' EU Energy and Environment Sub-Committee on November 9. The hearing was to provide input on environment and climate change policy post-Brexit from a business perspective.

Chemical Industries Association's (CIA) chief executive Steve Elliot represented the chemical and pharmaceutical industry, collectively the UK's largest export earner, with an estimated £4-5bn surplus each year.

Representing the trade-intensive chemical sector, which annually exports 60% of all products to the European (EU), Elliot called on the UK Government to "stay engaged" until Britain's departure from the EU had been finalized. However, an opportunity exists to create more "business-sensitive" domestic legislation, according to Elliot, who believes certain elements of EU environmental standards are bureaucratic and costly.

"The removal of state aid requirements could allow us to simplify the UK policy mix in the climate change area," Elliot said. "We've got the current situation for our energy-intensive members, they get partial relief from renewables, the European Trading System (ETS), the carbon price floor mechanism, and the Climate Change Levy. That’s very nice but it's incredibly bureaucratic. Does the sum-of-the-parts equal the whole, where we could perhaps achieve a UK energy mix which is extremely simplified?"

The chemical industry is also subjected to the EU's REACH regulation, adopted to improve the protection of human health and the environment from the risks that can be posed by chemicals, while enhancing the competitiveness of the EU chemicals industry. While UK companies will continue to comply with the regulation after its 2018 deadline, Elliot confirmed that chemical SMEs trading mostly outside the EU believe a scope exists for a "REACH-lite" regulation which is more "risk-based, pragmatic and proportionate."

ECHA Proposes 9 Substances for Authorization

ECHA's seventh recommendation to prioritize substances of very high concern for authorization to the European Commission includes nine substances that are toxic for reproduction.

Two substances were left out from the final recommendation due to a change in their priority after the public consultation. ECHA also took account of the substantial number of substances previously recommended for which the Commission still needs to decide on their inclusion in Annex XIV. These two substances (Hexahydrophthalic anhydride (HHPA) and Methylhexahydrophthalic anhydride (MHHPA)) will be reconsidered in the future recommendation rounds together with all other substances in the Candidate List.

The final decision on the inclusion of the substances in the Authorisation List and on the dates by which companies will need to apply for authorization to ECHA will be taken by the European Commission in collaboration with the Member States and the European Parliament.

The chemicals on the list are:

  • 1,2-Benzenedicarboxylic acid, dihexyl ester, branched and linear (toxic for reproduction). Plasticizer.

  • Dihexyl phthalate (toxic for reproduction). Plasticizer. (Di-n-hexyl phthalate (DnHP) (CAS # 84-75-3) was added to the Prop 65 list as a female and male reproductive toxicant on December 2, 2005)

  • Trixylyl phosphate (toxic for reproduction). Lubricants, greases, hydraulic fluids, metal working fluids, plastic products.

  • Sodium perborate; perboric acid, sodium salt (toxic for reproduction). Detergents and bleaching products

  • Sodium peroxometaborate (toxic for reproduction). Detergents and bleaching products.

  • Pentalead tetraoxide sulphate (toxic for reproduction). Production of batteries.

  • Tetralead trioxide sulphate (toxic for reproduction). Production of batteries. Coatings and inks for mirror backing.

  • Orange lead (lead tetroxide) (toxic for reproduction). Production of batteries. Adsorbents, paints, lubricants, corrosion inhibitors, explosives, rubber products.

  • Lead monoxide (lead oxide) (toxic for reproduction). Production of batteries. Adsorbents, catalysts, lubricants, corrosion inhibitors, rubber products. Surface treatment (plating).

ECHA Newsletter Highlights Nanomaterials, Harmonized Classification, and Wise Chemical Substitutions

EU ECHA's latest newsletter contains news about:

EU Environmental Court Prohibits Use of Herbicide Stomp SC in Sweden

Linda Hallbberg and Linda Backman, with the firm Advokatfirman Lindahl, reported in Lexology that this Spring, the Environmental Court rejected a farmers' organization's appeal. The court refused to grant the organization new emergency authorization for the use of Stomp SC in Sweden in the commercial production of onions, among other crops. According to the appellant, the decision may jeopardize the competitiveness of certain Swedish crops on the European market, since Stomp SC is allowed in most other EU member states and no equally effective alternatives are available in Sweden.


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