ABSTRACT
REACH is based on three main principles: the producer responsibility principle; the principle of substitution – an essential corollary of the principle of sustainable development; and, most importantly, on the precautionary principle, which is said to underpin the REACH provisions. Authorisation, which is the phase of REACH where such principles find their maximum expression, represents also the true novelty of the REACH reform. Chapter 5 elaborates on the stepwise process of authorisation, consisting of the identification of substances of very high concern (SVHCs), their placement in the Candidate List of substances requiring authorisation, and the final inclusion, by Commission decision, of such hazardous chemicals in Annex XIV of REACH, which contains substances that are de facto banned unless authorised. This chapter demonstrates why this procedure is particularly relevant for those chemicals, such as endocrine disrupters (EDCs) and nano-scale chemicals, which do not respond to the current golden rule of regulatory toxicology where ‘dose makes the poison’. This notwithstanding, the prioritisation rules used for authorisation purposes strongly undermine the precautionary potential of Authorisation and its ability to deliver on the high level of protection of human health and the environment REACH pursues.
