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September 22, 2023

ECHA Enforcement Forum Publishes Advice on Enforceability on Restricting Creosote

Lynn L. Bergeson Carla N. Hutton

The European Chemicals Agency (ECHA) announced on September 13, 2023, that to improve transparency of the legislative process, its Enforcement Forum has decided to make its advice on the enforceability of Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation restriction proposals public. According to ECHA, Forum advice will from now on be available on ECHA’s website. The first published advice is on the proposal to restrict creosote and related substances in treated wood. ECHA states that the Forum “considers that the proposed restriction has clear scope and is enforceable but recommends some changes, such as setting a limit value and clarifications to the wording of the restriction.” ECHA’s Committees for Risk Assessment (RAC) and for Socio-Economic Analysis (SEAC) will use the Forum’s views in their opinion making. SEAC’s draft opinion on the restriction proposal for creosote and creosote-related substances is available for public comment. Comments on SEAC’s draft opinion are due November 7, 2023. ECHA shares the Enforcement Forum’s advice, together with the Committees’ final opinion, with the European Commission to support its decision making.