. /.   WORLD TRADE  
ORGANIZATION  G/TBT/GEN/46 
26 January 2007 
 (07-0363) 
Committee on Technical Barriers to Trade Original:   English 
  
 
STATEMENT BY ASEAN ON REACH  
AT THE 9 NOVEMBER 2006 MEETING OF THE TBT COMMITTEE 
 
Agenda Item 2(b):  Specific Trade Concerns
 
 
 
 The following statement, dated 9 November 2006, is being circulated at the request of the Singapore, on behalf of ASEAN members
. 
 
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1. ASEAN Members both as a grouping and indivi dually have expressed our concerns on 
various aspects of the EC’s REACH proposal in prev ious meetings of this Committee.  As we had 
commented previously, we recognize and support the right of Members to take measures to protect health, safety and the environment.  However, in keeping with the spirit and letter of the TBT and 
other WTO Agreements, it is also incumbent upon Members not to adopt measures that create 
unnecessary barriers to trade.  In this connection, our industry remains concerned about the adverse 
impact that the REACH’s complex and broad re gulatory structure could have on international 
chemical and downstream trade.  
2. While we express our appreciation to the EC fo r the consultations it has undertaken on the 
REACH with industry and other interested parties, there continues to be many outstanding questions 
and concerns on the REACH. 
3. In fact, apart from the ASEAN context, the EC ’s REACH proposal has al so been discussed in 
the broader APEC setting, to which ASEAN Members belong.  At its meeting in Da Nang, Vietnam 
in September, the APEC Chemical Steering Group  consisting of industry experts and government 
officials from the Asia-Pacific region discussed the la test developments in the REACH.  That meeting 
identified a number of concerns that our  industry continues to have on the  REACH.  
4. Our industry has a number of concerns relating to the following aspects of the REACH.   
I. MANDATORY SUBSTITUTION OF SUBSTANCES 
Questions:   
 
(a) How will information on acceptable testing methods for substances of very high 
concern be made available to industr ies outside the EU?  How will non-EU 
stakeholders have access to this determination process? 
(b) How will European Chemical Agency offici als evaluate the required analysis asked 
of registrants, as a matter of routine, on possible alternative substances?  Given the 
significant lead times needed for produ cers to make any changes in product 
development and increasingly global supply chains, how will the information on G/TBT/GEN/46 
Page 2  
 
  possible alternative substances be used?  Wh at kind of consultation process will occur 
with companies facing possible requireme nts for the substitution of substances, 
including substances in articles?  
(c) Applicants for authorizations must in clude socio-economic and alternatives 
assessments.  These assessments include, by necessity, information (e.g., price, 
performance and other aspects) considered to be confidential.  What procedures and 
safeguards exist for the protection of c onfidential business information, including 
rights of appeal from adverse decisions prior to disclosure of information? 
(d) How will the European Chemicals Agency addr ess the lack of capacity of laboratory 
facilities in overseas markets?  Are capacity building projects foreseen?  Will 
overseas laboratories be able to enter in to mutual recognition agreements with 
European labs for the purpose of carrying out REACH requirements?   
II. REQUIREMENTS FOR MONOMERS IN IMPORTED POLYMERS 
Question: 
 
(a) How will the wholesale registration of mono mers in imported polymers by non-EU 
firms enhance the protection of human h ealth or the environment in Europe? 
III. COMPLIANCE DETERMINATIONS 
Questions:   
 
(a) Given that compliance enforcement for REAC H will occur at the Member State level, 
how will consistency be maintained with respect to registration, evaluation and 
authorization?   
(b) How will the transparency of REACH co mpliance procedures be guaranteed?   
IV. DEVELOPMENT OF REACH GUIDELINES AND PROCEDURES 
Questions: 
 
(a) How can non-EU firms be assured that their unique viewpoints, comments and 
concerns have been taken into a ccount in the development of REACH 
implementation guidance?   
(b) In anticipation of determinations that are adverse to non-EU firms’ interests, what 
avenue(s) of appeal or review will be availa ble to firms to secure redress, particularly 
for firms downstream in the supply chain? 
5. The above-mentioned concerns are by no means e xhaustive and we reserve the right to raise 
further issues on the REACH later. ASEAN would a ppreciate it if the EC could provide clarification 
to our industry concerns and questions , and take account of these concerns. 
 
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