How are overlaps between REACH and other legislation avoided?
When the Commission drafted its proposal in 2003, it carefully considered the existing legislation relevant to chemicals and whether there were any overlaps, for instance between REACH and the specific legislation about medical devices, food, medicines, batteries and cosmetics. If a specific piece of legislation already had similar requirements to one of the elements of REACH, then an exemption was given for that element. For example, substances used in medicines are exempted from registration as well as authorisation under REACH, because the existing medicines legislation already requires the submission of data and provides for authorisation of the use of these substances in medicines.
On the other hand, the specific legislation on medical devices only covers risks to patients' health, not risks to workers producing these devices or risks to the environment. Therefore, substances used in medical devices still need to be partially subjected to the registration element of REACH, to ensure that companies address the risks of the substances to workers and the environment.
The final agreement includes also a review clause which requires the Commission to re examine the situation as regards possible overlaps with other relevant legislation after 5 years and to make proposals if appropriate.
