DECISION-MAKING RULES

Listed Safe uses Permissible Authorised Restricted Tolerable 

7 As with the current REACH legislative proposal, a company would be able to request a derogation from the Chemicals Agency on grounds of confidentiality. 

8 Companies would need to apply the substitution principle under the Chemical Agents Directive when selecting substances identified as meeting the criteria safe or permissible uses. 

9 Authorised uses would be subject to authorisation under REACH or other Member State permitting schemes. 

Guiding Implementation Streamlining Regulatory Decision-making 

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Decision-making rules would be used to organise chemical uses according to listed, safe, permissible, authorised, restricted and tolerable (Figure 5.8). Substances contained in preparations or in articles with high consumer exposure potentials would be listed7 on the REACH-Information Technology (REACH-IT) website,... 

If Germany holds political sway on Eastern Member States due to trade8 and Sweden is representative of Nordic states9, this would give 68 votes in favour of the regulatory recommendations (refer to Table 6.2). Because the Netherlands initially proposed a method of decision-making rules broadly similar to the recommendations (i.e., a matrix of hazard and use criteria) it is foreseeable that this country would also vote in favour, bringing a total Council of European Ministers vote count to 73. 

If adopted, the decision-making rules and recommendations would represent a fundamental transition away from the current case-by-case approach to regulatory risk management. The decision-making... 

The proposed systems framework for EU decision-making under REACH seeks to counterbalance the weaknesses and to draw on the strengths of the national approaches while addressing the points shown in Table 7.1. Specifically, the framework would fuse hazard, technical and risk-benefit approaches to risk management (Table 7.2). Compared with the current process of chemical legislation and the recent REACH proposal, the systems framework would avoid a linear substance-by-substance approach by applying a set of decision-making rules based on hazard and use to all chemicals (Section 5.3.1). 

Practice may be defined as the practical implementation of national policy and application of decision-making rules. Practice must account for the experience, perspectives and resources of actors, especially in terms of cultures and... 

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