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The European Union REACH Regulation for Chemicals

The European Union REACH Regulation for Chemicals Law and Practice

Author: Lucas Bergkamp
Publisher: Oxford University Press
ISBN: 9780199659791
Published In: October 2013
Format: Hardback , 496 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

This book discusses the law and practice of the European Union's new chemical regulatory programmes 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.

Readership: Practitioners working in EU law, chemical regulation, and environmental law and regulation; academics and advanced students of EU law and regulation, chemical regulation, environmental law, and conservation

Guter Verheugen: Foreword
Lucas Bergkamp: Introduction
PART I: The Law of REACH
1: Bjorn Hansen: Background and Structure of REACH
2: Dae-Young Park and Mike Penman: The Organizational and Administrative Structures
3: Lucas Bergkamp and Nicholas Herbatschek: The Key Definitions and Scope
4: Lucas Bergkamp and Nicholas Herbatschek: The REACH Programmes and Procedures
PART II: The Practice of REACH
5: Albania Grosso and Mark Crane: REACH and Strategic Decision-Making
6: Michael Penman, Lucas Bergkamp, and Nicholas Herbatschek: REACH Consortia
7: Lucas Bergkamp and Nicholas Herbatschek: Information Requirements and Data Sharing
8: Daniel Francis: Competition Law
9: Lucas Bergkamp, Nicholas Herbatschek, and Uta Jensen-Korte: Compliance and Supply Chain Management
PART III: Legal Remedies and Sanctions
10: Paul Craig, Lucas Bergkamp, Nicholas Herbatschek, and Suriya Jayanti: Dispute Resolution and Legal Remedies
11: Lucas Bergkamp and Nicholas Herbatschek: Enforcement and Liability
PART IV: REACH and the World
12: Lawrence A Kogan: International Trade and Investment
13: Daniel Uyesato, Malcolm Weiss, Julieta Stepanya, Dae-Young Park, Kazumi Yuki, and Tad Ferris: REACH's Impact in the Rest of the World
PART V: Evaluating REACH: An Interim Assessment
14: Bjorn Hansen and Mike Penman: Is REACH Achieving its Objectives?
15: Adam D K Abelkop, Ágnes Botos, Lois R Wise, and John D Graham: How Could REACH be Improved?
16: Lucas Bergkamp and Daniel C Esty: Does REACH Present a Business Opportunity?
17: Lucas Bergkamp, Michael Penman, and Nicholas Herbatschek: Conclusions

Edited by Lucas Bergkamp, Partner, Hunton & Williams LLP

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:
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