Public access to data on chemicals registered under REACH

Because the majority of chemicals on the market have never been properly tested and assessed for their human health impacts, the collection of information about chemicals through the registration phase of REACH is a key step.

So how will the public access to registration information work, and when will it start?

Although the first deadline is registration is December 2010, the European Chemicals Agency (ECHA) is starting to receive its first registration dossiers, and is currently developing its procedures for providing access to data. The main way to obtain the data will be through a database on the Agency website publically accessible without any charges, while the other way will be by making official “access to information” requests according to EU law.

In July, ECHA convened a workshop for stakeholders about REACH data access. In particular, ECHA invited stakeholders to offer opinions on how to best share information from registration dossiers published for each chemical so that EU citizens (and others) have access to information about chemicals to which they are exposed. HEAL presented a joint position of public interest organisations to over twenty representatives of industry, NGOs, and ECHA officials.

 Access to data is important for a wide public that includes NGOs, independent experts, universities, researchers, medical professionals, and government departments at local, regional, and national levels responsible for local monitoring and enforcement

 A balanced approach to data access and dissemination requires:

o engaging public interest organisations in addition to private interests in the development process

o adherence to international and community laws (including the Aarhus convention)

o careful distinction between technical questions and legal interpretation matters

 ECHA must establish appropriate procedures and policy (criteria) to assess confidentiality claims

HEAL and the European Environment Bureau submitted an additional document to the Agency in response to matters raised at the July Roundtable, which emphasized that confidentiality should be the exception rather than the default because of REACH’s mandate to increase information about chemicals.

The public interest organisations have subsequently published a position paper on access to information in REACH, and presented it to the meeting of EU Member State Governments, EU Commission, and ECHA (named CARACAL). The position paper is included here .