Prioritisation of Substances of Very High Concern
The European Commission finally decides which substances will be included in Annex XIV and with which entries.
The REACH Regulation establishes that the decision has to be taken via the Comitology procedure, allowing scrutiny from the European Parliament as well as the Council with its specialised Member State expert groups. The Lisbon Treaty transformed Comitology into the ”Delegated Act Procedure”. The Parliament and the Council maintain a right to oppose but only after the College of Commissioners has adopted the proposal. The Delegated Act Procedure restricts the possibility of Parliament and Council to oppose a European Commission proposal. The chances of mobilising the necessary majority of MEPs or Member States to achieve such a result are very slim. When no objection is registered, the College of Commissioners formally confirms the proposal which is then adopted. The Annex XIV entries are published in the Official Journal with the latest application dates and sunset dates.
Industry’s capacity to influence the European Commission decision depends on whether gross errors or omissions can be highlighted in ECHA’s proposal.
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