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The Law Is Elastic but Does Not Bend: A Literal Interpretation of European Union Chemical Legislation Could Leave Health and the Environment Unprotected.

Authors :
Ortega, Carme Ribes
Source :
European Journal of Risk Regulation. Sep2023, Vol. 14 Issue 3, p612-625. 14p.
Publication Year :
2023

Abstract

This piece addresses Case C-458/19 P before the Court of Justice of the European Union (CJEU) concerning a substance of long-term exposure, namely bis(2-ethylhexyl) phthalate (DEHP). The case concerned the interplay of two complex procedures of European chemical law, namely: the procedure for authorising the use of a substance listed in Annex XIV of Regulation (EC) No 1907/2006 (REACH Regulation); and the procedure for listing a substance in Annex XIV of the REACH Regulation on the basis of its intrinsic properties as a substance of very high concern for the risks it poses, or may pose, to human and environmental health. The significance of this judgment is that it provides a better understanding of how Article 60(4) of the REACH Regulation is interpreted in an analogous manner in relation to other provisions of the same Regulation. Whether DEHP is a question of reproductive toxicity (Article 57(c) of the REACH Regulation) or endocrine-disrupting properties (Article 57(f) of the REACH Regulation), this judgment offers insights into the limits of the CJEU's willingness and/or ability to use a teleological approach to interpret legislation in this area. Furthermore, this work supports the possibility of applying the principle of intergenerational equity to issues related to long-term exposure such as this one. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
1867299X
Volume :
14
Issue :
3
Database :
Academic Search Index
Journal :
European Journal of Risk Regulation
Publication Type :
Academic Journal
Accession number :
174006035
Full Text :
https://doi.org/10.1017/err.2023.41