In an extensive online Q&A (by Austria) on the subject of the REACH Regulation and its consequences, not only MEPs but also a group of journalists (APA) were informed about the REACH facts by several experts.
Whether it helped, we don’t really know.
The goal is still to win over as many MEPs as possible and necessary for the resolution to be included as an item on the agenda for the next EU plenary session in order to obtain an extended transition period. But who can help now, when you reach your limits in legal matters?
It’s better to call The Lawyer!
As a backup, possible accelerator and leverage to influence EU decisions, Save the Pigments has decided to take a separate legal route in the matter.
Anyone who has ever read the REACH Regulation and its Annexes has inevitably had to frown here and there. But since most of us are not lawyers, despite a healthy sense of the law, we are usually left with nothing more than a shrug of the shoulders at this point.
Fortunately, anyone who is as deeply involved in REACH as Save the Pigments is with the Tattoo Panel, knows people who have very good recommendations and contacts to experts in store in such situations. So it happened that Dr. Gerald Renner of Cosmetics Europe, whom some may already know from his presentations at the ECTP/ WCTP, was contacted by us.
He not only provided Save the Pigments and the Council of European Tattoo Associations (CETA) together with ESTPresearch with his assessments of the REACH situation and its formulations, but also made various contacts with Brussels law firms whose departments deal precisely with the REACH issue at EU level.
Talking usually might help
But if you run out of well-intentioned words and want to increase the pressure on ECHA and the MEPs, you need legal competence and reliably presented arguments.
The aim of the legal route is, to have a Legal Assessment drawn up on various points of the REACH Regulation.
Since the time until 04.01.2022 is very limited, we had to act quickly. In order to obtain a law firm with a legal assessment on REACH that is adequate for our needs, Save the Pigments decided to contact a law firm in Brussels together with Martin Siedler (Wildcat Germany) via his law firm in Cologne.
Thanks to Martin’s quick commitment to moving forward, the Legal Assessment was on our desks a short time later. The result confirmed our assumptions in many points.
Since the whole process had to be accelerated, Martin has gone in financial advance for the acting. Together with the Council of European Tattoo Associations (CETA), for which we all thank him very much.
The financial contribution to the not exactly cheap preparation of the Legal Assessment is of course still voluntary. However, thanks to the strong cohesion for the good cause. We have already received various pledges from the CETA in Tattoo Panel.
The REACH regulation now has legally identified flaws!
The Legal Assessment was definitely worth it. Whether it will pay off, we all don’t know yet. But it makes clear, that the REACH Regulation has legal inconsistencies. That means: It is illegal! That gives us hope!
Save the Pigments has already succeeded in opening the door to the Austrian Parliament with the Legal Assessment. Here, the government will look into the illegality of the regulation and, at best, take action against it.
The Legal Assessment has also arrived at EU level
Good news usually spreads very quickly. Bad news, however, many times faster!!! The Legal Assessment has already been forwarded to the relevant coordinators. They are dealing with the agenda for the upcoming EU plenary session. And they can thus support the idea of the resolution request.
In addition, Ms. Dolors Montserat and the Petitions Committee, which she chairs, have also received the Legal Assessment. Thus, the Legal Assessment has already officially arrived in the EU Parliament.
It is now important, that the CETA-Members use the Legal Assessment to contact their respective responsible EU state ministries again with the request for clarification.
So everything goes its course, as you notice.
Often and much unfortunately in the background and not always visible to all. We will inform you and try to coordinate as usual and as much as possible here in the Tattoo Panel. However, since everyone involved is volunteering and fighting for our tattoo industry alongside their own businesses and activities, maybe take a bit of consideration for that in your possible questions.
First read our blog-posts – perhaps then one or the other question might be already unnecessary.