The European Union REACH Regulation for Chemicals

Law and Practice

Edited by Lucas Bergkamp

Discusses the law and practice of the REACH regulation
Expert commentary written by prominent practitioners from industry, legal practice, academia, and government authorities
Analyses relations and overlap with other regulatory regimes in Europe and throughout the world

The European Union REACH Regulation for Chemicals

Law and Practice

Edited by Lucas Bergkamp

Description

This book discusses the law and practice of the European Union's new chemical regulatory programs known under the acronym ''REACH'. REACH is intended to ensure the safe management of risks associated with chemical substances throughout the supply chain. Its scope is very broad; subject to limited exceptions, REACH applies to all bulk chemicals used in industrial processes and to chemicals present in products such as cleaning products, paints, clothing, furniture, and electrical appliances. The newly established European Chemicals Agency (ECHA), the Commission, and member state authorities are in charge of administering the various parts of the REACH Regulation, creating a complex patchwork of government powers, procedures, and oversight.

The volume is written by experienced REACH practitioners. It addresses both the key legal regulatory issues associated with REACH and the key management and practical challenges. In addition to analysing the scope, the processes, and the obligations of the industry under REACH, the book covers the strategy and management of REACH compliance from the perspective of the regulated entities. The focus is on the strategic and practical decisions facing companies subject to REACH's various regimes. Significant attention is paid to REACH consortia, which are a key instrument in compliance management, and to the competition law issues arising in connection with REACH consortia. It also covers legal remedies, enforcement, intellectual property rights, and civil liability for damages arising from chemical substances as well as how companies can shape their REACH compliance programme to reduce their liability exposure.

The European Union REACH Regulation for Chemicals

Law and Practice

Edited by Lucas Bergkamp

Foreword - Günter Verheugen

Table of contents

Editor and author biographies

List of abbreviations

Table of Cases

Table of legislation

Introduction - Lucas Bergkamp and Mike Penman

PART 1. The law of REACH
1. Background and structure of REACH
Bjorn Hansen
2. The organizational and administrative structures
Lucas Bergkamp and DaeYoung Park
3. Key concepts and scope
Lucas Bergkamp and Nicolas Herbatschek
4. The REACH programmes and procedures
Nicolas Herbatschek, Lucas Bergkamp, and Meglena Mihova

PART 2. The practice of REACH
5. REACH and strategic decision-making
Albania Grosso, Mark Crane, and Mike Penman
6. REACH consortia
Mike Penman and Martin Richards
7. Information and data sharing requirements
Lucas Bergkamp and Nicolas Herbatschek
8. REACH and competition law
Daniel Francis
9. Compliance and supply chain management
Lucas Bergkamp, Nicolas Herbatschek, and Uta Jensen-Korte

PART 3. Legal remedies and sanctions
10. Dispute resolution and legal remedies
Lucas Bergkamp, Nicolas Herbatschek, Suriya Jayanti, and Paul Craig
11. Enforcement and liability
Lucas Bergkamp and Nicolas Herbatschek

PART 4. REACH and the world
12. REACH and international trade law
Lawrence A Kogan
13. REACH's impact in the rest of the world
Daniel Uyesato, Malcolm Weiss, Julieta Stepanyan, DaeYoung Park, Kazumi Yuki, Tad Ferris, and Lucas Bergkamp

PART 5. Evaluating REACH: An interim assessment
14. Is REACH achieving its objectives?
Bjorn Hansen and Mike Penman
15. How can REACH be improved?
Adam D K Abelkop, Ágnes Botos, Lois R Wise, and John D Graham
16. Does REACH present a business opportunity?
Daniel C Esty and Lucas Bergkamp
17. Conclusions
Lucas Bergkamp and Mike Penman

The European Union REACH Regulation for Chemicals

Law and Practice

Edited by Lucas Bergkamp

Author Information

Lucas Bergkamp is a Partner at Hunton & Williams, and head of the European Regulatory Practice. His practice focuses on environment, health and safety, energy, and product regulation, as well as related liability and contractual matters. A medical doctor and lawyer, Lucas represents multinational enterprises and SMEs on a variety of science-based regulatory issues at policy and compliance levels.
A graduate of the University of Amsterdam and Yale Law School, Lucas is admitted to the bars of New York and Brussels. He was a professor of law at Erasmus University Rotterdam for 10 years. His many publications include Liability and Environment (2001) and EC Law for the New Economy (2005).
Lucas is a member of the editorial boards of several publications, including the European Journal of Risk Regulation, and serves as Council Director for the Conference Board's Council on the Environment and Product Stewardship and as member of the advisory board of the Campaign for Fighting Diseases.

Contributors:

Contributors:
Adam D K Abelkop, Indiana University
Lucas Bergkamp, Hunton & Williams
Ágnes Botos, GHS-Expert
Paul Craig, University of Oxford
Mark Crane, WCA Environment
Daniel C Esty, Connecticut Department of Energy and Environmental Protection
Tad Ferris, Holland & Knight
Daniel Francis, Hunton & Williams
John D Graham, Indiana University
Albania Grosso, AG-Hera
Bjorn Hansen, DG Environment, European Commission
Nicolas Herbatschek, Hunton & Williams
Suriya Jayanti, US Foreign Service
Uta Jensen-Korte, European Association of Chemical Distributors
Lawrence A Kogan, The Kogan Law Group
Dae-Young Park, Young & Global Partners
Mike Penman, Penman Consulting
Julieta Stepanyan, Hunton & Williams
Daniel Uyesato, Hunton & Williams
Günter Verheugen, former Vice-President, European Commission
Malcolm Weiss, Hunton & Williams
Lois R Wise, Indiana University
Kazumi Yuki, SCAS Europe
Meglena Mihova, EPPA