ABSTRACT
Chapter 6 deals with the fourth and last phase of REACH, i.e. Restriction, considered to be the ‘safety net’ of REACH. The chapter elucidates the rules through which this second command-and-control programme of REACH (the first being Authorisation) provides for the restriction of chemicals that pose an unacceptable risk to humans and/or the environment and which need to be addressed on a Community-wide basis. Points of contact with Authorisation are investigated, in particular in light of the decision to classify nano titanium dioxide as a Category 2B carcinogen and the implications of such decision for restrictive measures under REACH. The intent is to demonstrate how, notwithstanding the proclaimed reversal of the burden of proof on risk-creating agents (i.e. industry), legal and procedural technicalities of REACH still allow for a great part of such burden to rest with the regulatory entity. The fast-track Restriction procedure could in principle represent a valid option of the regulation of nano-scale chemicals. However, the loopholes and bottlenecks already identified in the previous chapters seriously compromise the ability of Restriction to tackle nanoscale chemicals. Overall, Restriction is perhaps the least precautionary and innovative phase of REACH, mostly inherited from the previous chemicals regime.
