Thesis-Anne-Vos-Masters-SBR-and-EU-Law-3

difficult to assess later on what possible impacts the shale gas projects had on the water. Finally,
the Commission refers to the ambiguity surrounding the fact that hydraulic fracturing requires the
injection of the wastewater (collected from the fracturing) back into the ground and whether this is
allowed by the WFD. This uncertainty allows for different interpretations at the national level.
3.5 REACH Regulation
Regulation (EC) no. 1907/2006 concerns an integrated system for the Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH). This Regulation generates information and
provisions on substances and their preparation and uses. Its purpose is to ensure a high level of
protection of human health and the environment, including the promotion of alternative methods for
assessment of hazards of substances, as well as the free circulation of substances on the internal
market while at the same time enhancing competitiveness and innovation. The provisions shall
apply to the manufacturers that place the substances on the market or use such substances on
their own, in preparations or in articles and to the placing on the market of preparations. Firms that
manufacture or import chemicals must evaluate the risks of these chemicals and take the
necessary steps to manage those risks. REACH is based on the principle that it is for
manufacturers, importers and downstream users to ensure that they manufacture, place on the
market or use such substances that do not adversely affect human health or the environment. The
leading principle is the precautionary principle. 112
First of all, firms are obliged to register chemicals which they manufacture or import. This will be
registered in a central database which is controlled and managed by the European Chemical
Agency (ECHA). Without registration, production or placement on the European market of the
substance is not possible. Some substances are exempted, e.g. if their risk is negligible. Once
registered, the ECHA will be able to evaluate whether the firms comply with their obligations and
the requirements of REACH. Two kinds of evaluation may be carried out: dossier evaluation and
substance evaluation. This could lead to a restriction or authorisation procedure, to the
harmonisation of the classification and labelling of the substance or to the supply of information to
other authorities in order to adopt appropriate measures. 113 With regard to substances that are of
extremely high concern, the authorisation procedure may apply (Title VII). These substances are
listed in Annex XIV to the Regulation. The aim is to ensure the good functioning of the internal
market while assuring that the risks from substances of very high concern are properly controlled
and that these substances are progressively replaced by suitable alternative substances or
technologies where these are economically and technically viable. Finally, Title VIII allows for a
restriction procedure. Annex XVII contains restrictions for certain substances. This restriction may
be that a substance shall not be manufactured, placed on the market or used unless it complies
with the conditions of that restriction.
With regard to access to information, Article 118 of REACH declares Regulation (EC) No.
1049/2001 (regarding public access to European Parliament, Council and Commission documents)
applicable to the documents held by the ECHA, unless paragraph 2 applies, which gives a list of
information of which disclosure shall be deemed to undermine the protection of the commercial
interests of the concerned person. Only where urgent action is essential to protect human health,
safety or the environment, such as emergency situations, the ECHA may disclose this information.
Article 119 sets out a list of information held by the ECHA on substances (on their own or in
mixtures) that shall be made publicly available, free of charge, over the Internet.
112
Article 1, paragraph 1, REACH.
113
http://europa.eu/legislation_summaries/internal_market/single_market_for_goods/chemical_products/l21282_en.htm
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