# CE2004065EN.01017101.xml

| 13.3.2004 | EN | Official Journal of the European Union | CE 65/171 |
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13.3.2004

EN

Official Journal of the European Union

CE 65/171

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(2004/C 65 E/188)

WRITTEN QUESTION E-2539/03

by Karl-Heinz Florenz (PPE-DE) to the Commission

(29 July 2003)

Subject:   Chemicals policy — the REACH System

Subject:

The following questions arise in connection with the Commission proposal for a regulation on the registration, evaluation and authorisation of chemicals (REACH).

The proposal for a regulation affects the food industry in varying degrees:

| (a) | the general nature of the scope (Point 1) means that in all cases there is a duty to undertake a Chemical Safety Assessment/Report — CSA/CSR — and, where appropriate, draw up a safety data sheet; |
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(a)

the general nature of the scope (Point 1) means that in all cases there is a duty to undertake a Chemical Safety Assessment/Report — CSA/CSR — and, where appropriate, draw up a safety data sheet;

| (b) | furthermore, all substances which are not covered by a derogation in respect of Points 8-11 are subject to a registration and authorisation procedure. |
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(b)

furthermore, all substances which are not covered by a derogation in respect of Points 8-11 are subject to a registration and authorisation procedure.

Re (a) General scope:

| — | Will the Commission explain to what extent food, feeding stuffs and fertilisers are affected by the REACH system and subject to the duty to undertake a CSA/CSR? Will food be treated differently, depending on whether it is used as a finished product for the final consumer, or as an intermediate product or in the non-food sector? |
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Will the Commission explain to what extent food, feeding stuffs and fertilisers are affected by the REACH system and subject to the duty to undertake a CSA/CSR? Will food be treated differently, depending on whether it is used as a finished product for the final consumer, or as an intermediate product or in the non-food sector?

| — | Can the Commission explain why food and feedingstuffs additives do not fall within the scope of the rules? |
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Can the Commission explain why food and feedingstuffs additives do not fall within the scope of the rules?

Re (b) Registration and authorisation duties:

| — | Annex II of Chapter II of the proposal provides for derogations from the registration obligation for a number of substances. Can the Commission explain which criteria were determinant in making these derogations? Why is saccharose, but not fructose for example, exempt from registration obligation? |
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Annex II of Chapter II of the proposal provides for derogations from the registration obligation for a number of substances. Can the Commission explain which criteria were determinant in making these derogations? Why is saccharose, but not fructose for example, exempt from registration obligation?

| — | the proposal for a regulation provides that intermediate products shall be subject to a modified registration obligation. Why is provision made for only two locations? |
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the proposal for a regulation provides that intermediate products shall be subject to a modified registration obligation. Why is provision made for only two locations?

| — | Why are only feedingstuffs containing proteins, but not others, exempt from the registration obligation? |
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Why are only feedingstuffs containing proteins, but not others, exempt from the registration obligation?

| — | Can the Commission explain on what basis the term ‘intended use’ is to be defined and applied? |
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Can the Commission explain on what basis the term ‘intended use’ is to be defined and applied?

Answer given by Mrs Wallström on behalf of the Commission

(16 September 2003)

(16 September 2003)

The Commission is currently reviewing the draft of the REACH legislation in the light of the responses to the recent Internet consultation. Following this review, the Commission may revise some parts of the draft related to the issues raised in the question. The general aim of the review is to ensure that the draft legislation achieves its aims in the most cost-effective and efficient manner.

| (a) | It should be noted that REACH is being designed so as not to duplicate the provisions of other legislation. Thus the interface to other legislation is being tailored according to the scope and content of each other relevant piece of legislation. |
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(a)

It should be noted that REACH is being designed so as not to duplicate the provisions of other legislation. Thus the interface to other legislation is being tailored according to the scope and content of each other relevant piece of legislation.

| (b) | It should be noted that the exemptions referred to in Annex II are carried over from current chemicals legislation. |
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(b)

It should be noted that the exemptions referred to in Annex II are carried over from current chemicals legislation.

As the review of the draft legislation is still in progress, it is not possible to give more detailed responses to the other issues raised by the Honourable Member.

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