My personal checklist for a REACH Restriction

by
Many people are starting to wake up to the REACH PFAS Restriction.
Here is my basic checklist of things to do and not to do on REACH Restrictions. I’ve used this for years and adapted it.
It may be of use to some people.
Do
  • Be ready. You usually know years ahead that this is going to happen. Use the time to get ready.
  • Participate in the process.
  • Provide real data and evidence.
  • Engage with the competent authorities to understand what data they need and how they want it reported.
  • Provide the data they ask for in the format they ask for.
  • Provide objective and credible data, e.g. validated by independent experts.
  • Have a shadow Risk Assessment/RMO prepared by the same organisations the Commission/Member States work with.
  • Send in your data early.
  • Write clearly and concisely.
  • Ensure your submission is easy to move around (hyperlinks have been around since the 1970s).
  • Prepare an executive summary that summarises your case, data and uses.
  • List all uses your want a derogation/exemption for, along with the supporting data and evidence.
  • Answer the questions that have been asked.
  • Provide details of your emissions reduction plan
  • Provide details of your substitution plan.
  • Anticipate questions that will come up, e.g. is there a substitute for the use?
  • Highlight broader EU policies, e.g. climate change.
  • Understand the margin of manoeuvre provided by the legislation, as clarified by recent case law from the European Court.
  • Study previous decisions to support your case for derogations and exemptions. Refer to them.
  • If you need to sacrifice a use to keep most uses going, do so.
  • Reporting requirements are a small price to pay.
Don’t
Here are some things that happen that I’d not recommend not to do:
  • Step in late.
  • Avoid the process. Denial is not a strategy.
  • Pretend you are not caught. If you don’t participate, you may have a horrible surprise.
  • Lobby at the information-gathering stage. It comes across as an admission of guilt.
  •  Approach the RAC/SEAC.
  • Seek to deliberately or accidentally piss people off.
  • Recite statements of faith.
  • Avoid answering the questions that have been raised.
  • Provide a clear summary.
  • Provide representative data and evidence.
  • Detail all the uses.
  • List the emissions and sources (degradation is real).
  • When claiming a closed loop system be very clear that you understand what it means.
  • Engage in abstract discussions.
  • Ignore relevant precedents, e.g. regulatory decisions and European Court Judgements.