A flight plan for ATP

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A chemical lobbyist will spend a lot of their time dealing with updates to the ATP.

I’ve taken the timeline for one substance – Formaldehyde – that was part of the 6thATP.

I’ve detailed the long journey as I think it is a good case study for these reasons:

First, it is a regular classification update. The schedule and transposition of the RAC’s file are like this for 99% of classifications.

Second, you’ll see that a lot of the process, both scientific and legislative adoption, is done by way of written procedure.  If you think everything is done in face to face Committee meetings, you are living in the pre-internet era. The adoption of decisions by way written procedure is normal.

Third, for most cases, there is little to no interest in challenging the opinion of the RAC from the Commission, EP, or the Member States.

Note:

  1. all the steps below are on the public record.
  2. Not all the exact dates can be sourced.
  3. The ATP was adopted by way of Regulatory Procedure with Scrutiny. In July 2019 it will become a Delegated Act.

 

 

Updating classifications – the 6thATP & Formaldehyde

 

  1. 4 March 2011: REACH Registration Dossier published
  2. 10 June 2008: Registration of CLH intention by France
  3. 30 September 2010: Dossier submitted by France to RAC for accordance check
  4. 28 September 2011: Final submission by France – proposal Carc. IA
  5. 30 March 2013: Deadline for the adoption of an opinion
  6. 31 October 2011: Start of public consultation
  7. 15 December 2011: Deadline for comments
  8. 11-14 September 2012: Discussion in RAC  of first draft opinion (link)
  9. 30 November 2012: 2nddiscussion on draft opinion and adoption of RAC Opinion (link)(link)
  10. RAC Opinion by a simple majority. One minority opinion (link)
  11. 7 December 2012: RAC adopts opinions (link)
  12. 29 April 2013: Legal deadline for Opinion
  13. Q1 2013: ECHA transmit updated classification to European Commission
  14. Q1 2013: Draft Submitted  for Inter-Service Consultation (Services)
  15. Note: Now a 4 week Public Consultation of Draft for public consultation
  16. 21 February 2013: REACH Committee discuss ATP
  17. 1 March 2013: Commission submits draft 6thATP
  18. 13-14 March 2013:  CARACAL discusses draft ATP.
  19. 18 March 2013: Deadline for written comments from CARACAL
  20. March last week: Inter-Service Consultation
  21. 19 June 2013: REACH Committee discuss draft ATP. No vote.
  22. November 2013: CARACAL discusses draft ATP.
  23. 11 November 2013: Written procedure launched
  24. 2 December 2013: COM suspend written procedure of 11 November. Vote on 17/12/13
  25. 3 December 2013: Deadline for written procedure
  26. 17 December 2013: Vote in REACH Regulatory Committee – approves
  27. 13 January 2014  Draft measure transmitted to Council and EP for scrutiny – 3 months (link)
  28. 14 April 2014: Deadline for Council and EP  to raise objections. None raised.
  29. 6 June 2014: Commission Regulation published in Official Journal (link)
  30. 26 June 2014: Entered into force

 

 

A process chart for the CLP’s ATP

 

3 thoughts on “A flight plan for ATP”

  1. Any thoughts about the possible consequences of the CLP getting delegated acts in the future? I personally bet on no substantial impact from the Commission side since the threat of getting the delegation of powers being revoked is quite convincing. However, scrutiny periods in Parliament might become more visible and tougher as well, since MEPs won’t need a legal ground anymore to build a majority against… Perhaps already a “baptême du feu” with the 14th ATP and the controversial TiO2 case?

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