The Agency will provide the administrative structure within which the REACH procedures takes place, and will ensure the technical IT infrastructure. Importantly, the Agency will have no decision-making powers but rather provides opinions to the Commission which takes risk management decisions via the committee procedure. The Agency will advise the Commission on priorities to set up the authorization procedure on applications for authorization, and on risk reduction measures for dangerous substances, and will help ensure a common approach between Member States.
The Regulation does not enable the Agency to adopt acts which would have legal effects vis-à-vis third parties, and which would therefore be legally challengeable. However, the Agency seems to be the main body providing scientific opinions to the Commission and the Member States. Accordingly, with respect to the technical analyses performed either by the Agency or on its behalf, it is not clear that industry will be allowed to participate in the Agency's proceedings or will be able to effectively challenge Agency acts and opinions.
The provisions specifically related to the European Chemicals Agency are included in Points 65 to 94 of the Regulation.)
Last Updated: May 2003