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REACH Regulation and the Environmental Liability Directive - The registrant's potential liability

Marjavaara, Saara Mikaela (2009)
Department of Law
Abstract
The main obligation under Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is the obligation of registration. The company responsible for import and manufacture, as well as an only representative are registrants. To carry out the registration obligation means that the registrant generates information on the substance he registers. For CMR, R50/53, PBT or vPvB substance (substances of higher concern) above 10 tonnes, the registrant is obliged, as a part of the obligation, to perform a chemical safety assessment and generate exposure scenarios containing risk management measures to recommend the safe use... (More)
The main obligation under Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is the obligation of registration. The company responsible for import and manufacture, as well as an only representative are registrants. To carry out the registration obligation means that the registrant generates information on the substance he registers. For CMR, R50/53, PBT or vPvB substance (substances of higher concern) above 10 tonnes, the registrant is obliged, as a part of the obligation, to perform a chemical safety assessment and generate exposure scenarios containing risk management measures to recommend the safe use of such substances. The system of registration means in effect, that substances of higher concern manufactured or imported in quantities above 10 tonnes per year are assessed and supplied with measures on how to reduce the risks of their use. The responsibility for registering substances of higher concern means that the registrant has the primary responsibility for registration and performing the chemical safety assessment and the generation of exposure scenarios containing adequate risk management measures. The downstream user shall provide the registrant with the appropriate information on his use in order to have his use covered by the registration, but is not involved in generating the exposure scenarios. The downstream user shall identify, apply and recommend such appropriate measures to adequately control risks identified in exposure scenarios attached to the safety data sheets supplied to him. The Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (ELD) is built on the polluters pay principle and aims to make operators of dangerous activities liable for the environmental damage they cause. The Member States have been given possibilities in implementing the Directive and therefore the effect of the polluters pay principle will depend on the Member States implementing measures. The Directive's definition of occupational activities includes the use of a substance of higher concern. The registrant cannot be considered an operator and cannot therefore be held liable under the provisions of the Directive. However, there is a connection between the registrant's exposure scenario (including operational conditions and risk management measures) and occupational activity and environmental damage caused by such activity. It is possible that the registrants responsibility for correctly performed chemical safety assessment and adequate risk management measures of the exposure scenario will have significance when liable downstream users are invoking the defences provided for under the Directive, or a downstream user's right of recourse at the registrant following such downstream liability (Less)
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author
Marjavaara, Saara Mikaela
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
EG-rätt, Miljörätt
language
English
id
1560095
date added to LUP
2010-03-08 15:55:25
date last changed
2010-03-08 15:55:25
@misc{1560095,
  abstract     = {The main obligation under Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is the obligation of registration. The company responsible for import and manufacture, as well as an only representative are registrants. To carry out the registration obligation means that the registrant generates information on the substance he registers. For CMR, R50/53, PBT or vPvB substance (substances of higher concern) above 10 tonnes, the registrant is obliged, as a part of the obligation, to perform a chemical safety assessment and generate exposure scenarios containing risk management measures to recommend the safe use of such substances. The system of registration means in effect, that substances of higher concern manufactured or imported in quantities above 10 tonnes per year are assessed and supplied with measures on how to reduce the risks of their use. The responsibility for registering substances of higher concern means that the registrant has the primary responsibility for registration and performing the chemical safety assessment and the generation of exposure scenarios containing adequate risk management measures. The downstream user shall provide the registrant with the appropriate information on his use in order to have his use covered by the registration, but is not involved in generating the exposure scenarios. The downstream user shall identify, apply and recommend such appropriate measures to adequately control risks identified in exposure scenarios attached to the safety data sheets supplied to him. The Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (ELD) is built on the polluters pay principle and aims to make operators of dangerous activities liable for the environmental damage they cause. The Member States have been given possibilities in implementing the Directive and therefore the effect of the polluters pay principle will depend on the Member States implementing measures. The Directive's definition of occupational activities includes the use of a substance of higher concern. The registrant cannot be considered an operator and cannot therefore be held liable under the provisions of the Directive. However, there is a connection between the registrant's exposure scenario (including operational conditions and risk management measures) and occupational activity and environmental damage caused by such activity. It is possible that the registrants responsibility for correctly performed chemical safety assessment and adequate risk management measures of the exposure scenario will have significance when liable downstream users are invoking the defences provided for under the Directive, or a downstream user's right of recourse at the registrant following such downstream liability},
  author       = {Marjavaara, Saara Mikaela},
  keyword      = {EG-rätt,Miljörätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {REACH Regulation and the Environmental Liability Directive - The registrant's potential liability},
  year         = {2009},
}