South African Miners Tackle EU Clamp on Chemicals

JOHANNESBURG (Business Day) -- A heavy-hitting delegation of mainly South African mining bodies visited Brussels this week to present further arguments against aspects of planned European Union (EU) legislation imposing new restrictions on chemical and mineral imports.

The legislation, commonly known as Reach - for the registration, evaluation and authorisation of chemicals - is aimed at protecting European consumers and the environment from hazardous chemicals.

It is due to come into effect next year.

According to an article in the latest MB Bulletin, by Tshepo Tjatjie of the minerals and energy department, in its present form the legislation could have unintended negative consequences for the global mining industry.

Chamber of Mines CE Mzolisi Diliza said the potential effect was a $2.5 billion-a-year loss of income for sub-Saharan Africa by the 10th year of implementation.

It would have a heavy effect on the development of mining economies in Africa, "especially if it is considered that mining offers many countries on the continent the only real means of rapidly improving living standards."

The countries protesting against Reach are from Africa, the Caribbean and the Pacific Rim.

They generally agree with the principles of protecting consumers and the environment, but have argued that current legislation has dealt adequately with the risks of handling and importing substances carrying minor amounts of harmful chemicals.

As a result of the lobbying, Tjatjie said, minerals, mineral ores and concentrates had now been exempted from the clauses requiring their registration. But they still had to go through the authorisation process, which requires proof to be furnished that the risks associated with the substance can be controlled, accompanied by a comprehensive list of available substitutes.

New protests have been lodged, but Tjatjie said time was running out and there seemed to be some resistance in the EU to making further amendments.

Diliza said this week's delegation included representatives of Mintek, Kumba [JSE:KMB], the Institute of Chemical Engineers, the Chamber of Mines, minerals and energy department and the South African embassy in Brussels. They had presented research showing, among other things, that South Africa mainly exports its minerals to installations in Europe, which already had legislation in place to deal with harmful effects on the environment. There had been active engagement on these issues and the EU had clarified how the legislation would be implemented, Diliza said.

But no further changes could be made to the legislation until "a common position" was reached among the European Commission, Council of Member States and European Parliament, which should only be in June.

South Africa hoped the EU would adopt the council's view on authorisation - that as long as it can be shown that adequate mechanisms are in place to deal with the risks of a particular mineral, it does not have to go through the substitution requirements.

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