ACF
GHS Report

Fabien Henry

Since the implementation of EU-REACH in 2007, several Asian countries have introduced their own legal frameworks or have been tightening their existing chemical regulations. Examples of such regulations are South Korea’s K-REACH, Türkiye’s KKDIK, the Chinese REACH or the Taiwanese chemicals system. Other countries like Vietnam, Malaysia and India are still designing their system or have set the first steps. In this session, experts from Asian countries will share their insights on the latest regulatory focuses and future developments in Southeast Asia in particular. Key questions expected to be addressed during the session:
  • What are the minimum requirements for a functioning management system?
  • What are the main differences and commonalities between existing and planned systems in the region?
  • Can the EU-REACH be adapted to developing countries in the region?
  • Possible impact on industry specially SMEs.
  • Possible impact on trade – key focus on the business competitiveness.
Mr Fabien Henry
Manager, Regulatory Affairs, South-East Asia, Nickel Institute

Mr. Fabien Henry is responsible for ensuring that developing regulations for nickel and nickel compounds in South-East Asia are based on sound science and risk management. He represents the nickel sector with supra-governmental organizations in the region, national authorities and industry associations. He is based in Singapore. Prior to joining the Nickel Institute in 2018, Fabien worked for 8 years as Regulatory Affairs and Business Consultant. He gained extensive experience on regulatory monitoring and support for corporate clients, working on GHS, chemical management, and other regulatory topics.

Nickel's Role in Climate Change Mitigation and the Impact of Emerging Regulations on the Industry

Explore the insights from panel expert Mr Fabien Henry of the Nickel Institute on nickel’s critical role in the fight against climate change, the challenges of global regulatory discrepancies, the complexities of global health and safety standards, and the future of nickel compounds in the face of stringent regulations.

Nickel's Critical Role in the Combat against Climate Change

Mr Henry explained that nickel plays a role in the development of green technologies such as batteries (e.g., for electric vehicle), wind turbines, solar cells, bio energy plant and equipment as well as carbon capture and storage and nuclear power,. He also mentioned that through its main use (in the production of stainless steel), it is an enabler in the delivery of drinking water.

Navigating the Global Regulatory Landscapes

Mr. Henry sees evolving regulations as a critical step in strengthening the safety of workers, consumers, and the environment. He noted that while the overarching goal remains consistent across these regulations, the intricacies show significant differences. For example, in the implementation of the Global Harmonized System (GHS), there are noticeable differences in how regulators approach various issues, with some prioritising hazards over risks. He emphasised that despite these differences, the fundamental objective of these regulations is to ensure safety. In addition, Mr. Henry highlighted the influence of different resources, industry development, and regional contexts, that drive the need for different regulatory approaches tailored to meet different needs while serving a common purpose.

Emerging Regulations and Industry Adaptation

Mr. Henry expressed that the industry is facing significant challenges due to emerging regulations, in particular compliance with the Global Harmonized System (GHS). Despite its intended goals of improving trade facilitation and protecting human health and the environment, GHS has fallen short in terms of trade facilitation. Compliance has been costly for industry, involving tasks such as relabelling, rewriting Safety Data Sheets (SDS), and reclassifying products for different jurisdictions.

Mr. Henry emphasised the need for clear communication between regulators and the industry. He advocated for transparent communication of requirements and objectives. He suggested practical steps for regulators to facilitate trade, highlighting ongoing discussions in ASEAN and APEC on convergence approaches. He also suggested broadening considerations beyond individual GHS implementations to prioritise trade facilitation aspects.

Regulatory Eevaluations of Nickel Compounds

In discussing the future of nickel compounds, Mr Henry mentioned that they have already been subject to risk assessments in many different regions and countries around the world. From an environmental perspective, knowledge of local conditions is essential to identify risks. From a human health perspective, the focus has been on the workplace, as that is where exposure to nickel compounds occur. He highlighted the European example where nickel compounds underwent a “risk management options analysis” to evaluate risks. This was a very comprehensive analysis, including also an assessment of alternatives as well as socio-economic benefits. Mr. Henry does highlighted the need to focus on risk assessment, emphasising that understanding metal specificities in chemical management frameworks is crucial to address risks appropriately and manage them proportionately.

Conclusion

The dialogue with the Mr Henry from the Nickel Institute highlighted the essential role of nickel in sustainable development and the ongoing challenges in harmonising global regulations. As the industry prepares to navigate these waters, the emphasis is on clear communication and rational, risk-based approaches to ensure that nickel continues to make an effective contribution to the green revolution.
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