Legal Analysis on Recent EU Environmental Regulations: with special reference to REACH
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The European Union has been regulating aspects of the production and use of chemicals since the late 1960s. In the 1990s, the EU realized that the existing network of regulations had not resulted in the provision of adequate safety information on the chemicals used every day in the EU. On October 29, 2003, the European Commission issued its proposal for new legislation regulating chemicals in the European Union, and a new integrated approach to chemical regulation in Europe, known as REACH Regulation (EC 1907/2006) entered into force on June 1, 2007. REACH stands for the Registration, Evaluation and Authorization of Chemicals, the purpose of which to increase knowledge about chemical substances marketed in the EU. Endorsing the precautionary principle, REACH requires every marketable substance to be registered with the new European Chemicals Agency (ECHA). The implementation of REACH will have significant impacts on all actors involved in the supply and use chain for chemical products in the European Union. Induced by learning from previous legislations for manufacturing and marketing of chemical substances in the EU, the rationale behind REACH is largely based on the experiences for the need to safely evaluate chemical substances before they are put on the market. The legislation to control and regulate dangerous chemicals was adopted because of the growing awareness that useful chemical substances may have dangerous properties can be detected by adequate evaluation. As to the potential conflict of REACH with rules of the WTO, this paper sets out the basis upon which it is argued that REACH is likely to be consistent with WTO rules. It concludes that requiring REACH regulatory measures is no more trade-restrictive than necessary to ensure a high level of health and environmental protection. This paper aims to analyze the regulation mechanisms of REACH and assess its impact on the obligation under the rules of international trade. In Part II, it first examines the general measures related to protection of human health and the environment of the EU. Part III presents the previous and recent chemical policy in the EU with a detailed review of the recent REACH regulation, in particular. Part IV explores the challenging issues of REACH with international obligations under the World Trade Organization (WTO), and the last part is devouted to the role of government and companies in response to REACH.
Abstract
The European Union has been regulating aspects of the production and use of chemicals since the late 1960s. In the 1990s, the EU realized that the existing network of regulations had not resulted in the provision of adequate safety information on the chemicals used every day in the EU. On October 29, 2003, the European Commission issued its proposal for new legislation regulating chemicals in the European Union, and a new integrated approach to chemical regulation in Europe, known as REACH Regulation (EC 1907/2006) entered into force on June 1, 2007. REACH stands for the Registration, Evaluation and Authorization of Chemicals, the purpose of which to increase knowledge about chemical substances marketed in the EU. Endorsing the precautionary principle, REACH requires every marketable substance to be registered with the new European Chemicals Agency (ECHA). The implementation of REACH will have significant impacts on all actors involved in the supply and use chain for chemical products in the European Union. Induced by learning from previous legislations for manufacturing and marketing of chemical substances in the EU, the rationale behind REACH is largely based on the experiences for the need to safely evaluate chemical substances before they are put on the market. The legislation to control and regulate dangerous chemicals was adopted because of the growing awareness that useful chemical substances may have dangerous properties can be detected by adequate evaluation. As to the potential conflict of REACH with rules of the WTO, this paper sets out the basis upon which it is argued that REACH is likely to be consistent with WTO rules. It concludes that requiring REACH regulatory measures is no more trade-restrictive than necessary to ensure a high level of health and environmental protection. This paper aims to analyze the regulation mechanisms of REACH and assess its impact on the obligation under the rules of international trade. In Part II, it first examines the general measures related to protection of human health and the environment of the EU. Part III presents the previous and recent chemical policy in the EU with a detailed review of the recent REACH regulation, in particular. Part IV explores the challenging issues of REACH with international obligations under the World Trade Organization (WTO), and the last part is devouted to the role of government and companies in response to REACH.
참고문헌 (23)
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