The European Union REACH Regulation for Chemicals Law and Practice

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

Contents:
Günter Verheugen: Foreword
Lucas Bergkamp: Introduction

PART I: The Law of REACH
1: Bjorn Hansen: Background and Structure of REACH
2: Lucas Bergkamp and DaeYoung Park: The Organizational and Administrative Structures
3: Lucas Bergkamp and Nicolas Herbatschek: Key Concepts and Scope
4: Nicolas Herbatschek, Lucas Bergkamp and Meglena Mihova: The REACH Programmes and Procedures

PART II: The Practice of REACH
5: Albania Grosso, Mark Crane and Mike Penman: REACH and Strategic Decision-Making
6: Mike Penman and Martin Richards: REACH Consortia
7: Lucas Bergkamp and Nicolas Herbatschek: Information and Data Sharing Requirements
8: Daniel Francis: REACH and Competition Law
9: Lucas Bergkamp, Nicolas Herbatschek, and Uta Jensen-Korte: Compliance and Supply Chain Compliance and supply chain management

PART III: Legal Remedies and Sanctions
10: Lucas Bergkamp, Nicolas Herbatschek, Suriya Jayanti and Paul Craig: Dispute Resolution and Legal Remedies
11: Lucas Bergkamp and Nicholas Herbatschek: Enforcement and Liability

PART IV: REACH and the World
12: Lawrence A Kogan: REACH and International Trade Law
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: Daniel C Esty and Lucas Bergkamp: Does REACH Present a Business Opportunity?
17: Lucas Bergkamp, Michael Penman, and Nicholas Herbatschek: Conclusions