Shifting the burden of proof in chemicals legislation: the guiding principle of the reform debate under scrutiny

Article abstract:

The 'shifting of the burden of proof' is at the heart of the debate on European chemicals law reform which was started by the European Commission's White Paper 'Strategy for a future chemicals policy'. This article analyses the allocation of the burden of proof in existing legislation on chemicals and the White Paper's approach within the framework of Registration Evaluation Authorisation of Chemicals (REACH). It also deals with the legal aspect of the authorisation concept in the White Paper, in particular from the viewpoint of the principle of proportionality.