The REACH Regulation as a European Policy for the Uncertain: The Building of an Indirect Policy-Making Process for Chemical Hazards

Over the last century, the chemical industry has synthesized and commercialized over 100,000 chemicals with no pre-market authorization. The effects of these chemicals on human health therefore remain largely unknown. This paper analyzes the political strategies that have aimed at controlling these chemicals over the past 50 years, and casts light on differences between Europe and the United States. It characterizes the political process that resulted in the adoption of the REACH regulation in December 2006 following intense controversies and negotiations. This regulation is not a true innovation. Rather, it derived from political processes rooted in European policies. However, REACH implies a number of changes linked to the integration of the Precautionary Principle into environmental policies. In particular, it induces a shift in the burden of proof from governmental bodies to industrial firms regarding the identification and assessment of dangerous chemicals. However, this shift is far from resolving all of the issues surrounding the implementation of the REACH regulation or from reducing all the uncertainties linked to the industrial use of chemicals.