4 - Legislation and decision-making: putting the institutional puzzle together

Summary

Introduction

In October 2003, the European Commission presented a proposal for a brand-new EU Regulation on chemicals under the name REACH (Registration, Evaluation, Authorization and Restriction of Chemicals). The REACH proposal sought to overhaul existing EU chemicals legislation. It would require a huge number of chemicals, including chemicals already on the market, to be tested for environmental and health risks. Moreover, it laid the responsibility for (and associated costs of) these tests with the producers of chemicals, rather than governments. Because the regulation of chemicals concerns both issues of (environmental) safety and issues of innovation and competitiveness of European industry, the proposal was presented jointly by the European Commission's Directorate-General (DG) Enterprise and its DG Environment.

After its release, the proposal went to the Council of Ministers and the European Parliament for decision-making. Within the Council, it was discussed in two configurations, the ‘Environment Council’ and the ‘Competitiveness Council’, which included the environmental ministers and ministers of economic affairs of the member states, respectively. Within the European Parliament, the responsible committee was the Committee on Environment, Public Health and Food Safety, but the proposal was also discussed in nine other parliamentary committees. While the proposal was being discussed in the Council and the EP, formal opinions were issued by two advisory bodies: the Economic and Social Committee and the Committee of the Regions.