Publication Abstract

Gap analysis of the OSPAR’s Harmonised Mandatory Control System and EC Registration Evaluation Authorisation and restriction of Chemicals Regulations (1907/2006)

Gap analysis of the OSPAR’s Harmonised Mandatory Control System and EC Registration Evaluation Authorisation and restriction of Chemicals Regulations (1907/2006)

A. Millais, R.Rowles, E. Smith, D. Doran, M. La Vedrine, J. Corton, S. Supple, L. Jones

Over the last few years, there has been much discussion within the offshore chemical supply community about REACH (EC Regulation 1907/2006) [1] and how this will affect the OSPAR Harmonised Mandatory Control System (HMCS) [2]. Largely, the questions have centred on the relationship between the two legislative regimes and particularly over the apparent contradictions between their criteria for distinguishing which substances should be regulated, and how assessments should be conducted. The OSPAR offshore industry committee (OIC) have been extremely conscious of the need to harmonise the HMCS with REACH, working to minimise the burden on suppliers, regulators and operators wherever possible, and ensuring that there are no conflicts between the two regulations.

Although which regulation takes precedence is not a scientific issue, it is a question that frames the context for scientific discussion. The current understanding is that both have jurisdiction and specific application offshore. Therefore, for the foreseeable future, compliance with both REACH and OSPAR regulations will be required for offshore chemicals use.

Since both regulations will need to go forward in parallel for offshore chemicals, the scientific basis for both need to be further considered to eliciting possible areas of harmonisation, and thus potential reduction of their regulatory burden. The mechanism for addressing the scientific issues within OSPAR has been the use of Inter-sessional Correspondence Groups (ICG); e.g. ICG-Harmonisation (2005 to 2007), ICG-Surfactants (2007-2008), and ICG-REACH (2009-2010). In addition to correspondence, these groups have held a series of workshops and meetings and by consensus created proposals for consideration by OIC. Despite such pro-activity, much of their work has been difficult due to coinciding conduct of REACH Implementation Projects (RIP), meaning information has not been available on how REACH would deal with issues of commonality. The intention of this paper is to review the scientific background to the discussions and provide an insight into the large amount of work that has been ongoing within Cefas (as scientific advisors to the UK and Netherlands oil and gas regulatory authorities), alongside OSPAR, in order to smooth transition into this new regulatory environment. This paper is a review of the issues and does not necessarily reflect the policy of any Contracting Party.

A. Millais, R.Rowles, E. Smith, D. Doran, M. La Vedrine, J. Corton, S. Supple, L. Jones

RSC / EOSCA Chemistry in the Oil industry XI Conference 2-4 November 2009