Re-attribution of scientific and technical tasks to the European Chemicals Agency

The European Parliament adopted by 482 votes to 110, with 81 abstentions, amendments on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/65/EU of the European Parliament and of the Council as regards the re-attribution of scientific and technical tasks to the European Chemicals Agency.

The issue was referred back to the committee responsible for interinstitutional negotiations.

The main amendments adopted in plenary concern the following issues:

Reattribution of tasks to the European Chemicals Agency

According to the proposal, some of the scientific and technical work on chemicals carried out at EU level in support of EU legislation should be reattributed to the EU agencies best suited to carry out this task. This measure would simplify the current structure,

This approach is also expected to promote cost-effectiveness and competitiveness by simplifying regulatory procedures and reducing administrative burdens, ensuring that businesses can adapt efficiently to evolving regulatory frameworks.

Application for the granting, renewal, or revocation of an exemption

Such an application must be submitted to the European Chemicals Agency established by Regulation (EC) No 1907/2006, in accordance with Annex V. Members specify that if the applicant fails to complete the application with the missing elements indicated by the Agency in accordance with Annex V within the specified time limit, the Agency will reject the application.

An application for the renewal of an exemption will be submitted no later than 18 months before the exemption expires. The Commission will adopt the decision on the application within six months of receiving the Agency's opinions.

Review

The list of restricted substances referred to in Directive 2011/65/EU will be reviewed periodically to ensure a high level of protection of human health, the environment, and consumer safety. Members proposes setting a review period of at least 36 months, taking into account market developments and technical and scientific progress, and the fact that restriction dossiers can be submitted by Member States at any time and horizontal restriction measures can be initiated and adopted concerning sustainability criteria for hazardous substances and chemicals.

Proposals for the review and amendment of the list of restricted substances, or a group of similar substances, in Annex II will include information such as:

- the identity of the substance;

- a precise and clear wording for the entry of the proposed restriction in Annex II;

- references and scientific evidence for the restriction;

- information on possible alternatives, their availability and suitability;

- justification for considering a Union-wide restriction as the most appropriate measure.

- a socio-economic assessment.

Agency’s resources

The Commission will monitor the situation regarding the resources of the European Chemicals Agency and the tasks, workload and remit of the scientific committees of the European Chemicals Agency and present, where necessary, a legislative proposal to reflect any needs of the European Chemicals Agency stemming from tasks introduced by this Regulation and to improve the governance of its scientific committees.

Transitional period

To amend the procedural provisions of Directive 2011/65/EU, Members propose a transitional period of 18 months (rather than 12 months) to ensure that the European Chemicals Agency benefits from an appropriate allocation of resources and tasks.