On September 12, 2022, the European Commission (EC) opened a call for evidence on a proposal for a basic regulation for the European Chemicals Agency (ECHA). According to the EC, this initiative aims to strengthen ECHA governance and adapt it to its future role, as well as streamline the working methods of ECHA bodies and make their financing more sustainable. Responses are due October 10, 2022. The EC plans to adopt a regulation in the second quarter of 2023.
Title X of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation (No. 1907/2006) established ECHA and set out its composition, tasks, and powers, as well as its budget. Since then, ECHA has been entrusted with additional technical, scientific, and administrative tasks arising from other legislation and agreements signed with the EC (e.g., Service Level Agreement for the provision of opinions on occupational exposure limits (OEL)). One of the goals of the EC’s ambitious Chemicals Strategy for Sustainability (CSS), published on October 14, 2020, is to simplify and consolidate the European Union (EU) regulatory framework on chemicals. To coordinate and simplify actions across EU chemical legislation, the CSS calls for the EC to take several actions, including proposing “to strengthen the governance of the European Chemicals Agency and increase the sustainability of its financing model.”
According to the call for evidence, the legal framework of ECHA and its bodies, particularly the Committee for Risk Assessment (RAC), the Committee for Socio-economic Assessment (SEAC), and the Enforcement Forum, need to be clarified to enable ECHA to meet its future obligations and maintain its independence. The call for evidence notes that in the future, RAC will issue scientific opinions on chemical substances based on existing tasks and tasks deriving from initiatives under preparation.
JD Supra, 30-09-22