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A recent European Court of Justice decision concerns the circumstances in which companies that have not supported an active chemical substance contained in their plant protection products must withdraw such products from national markets following the active substance’s EU authorization.
Non-EU established companies exporting to the European Union cannot pre-register or register substances under the EC Regulation Concerning the Registration, Evaluation and Authorization of Chemicals (REACH) - the EU importer or a nominated 'only representative' must do this. New REACH guidance on appointing only representatives addresses points which might have disadvantaged non-EU manufacturers.
The European Court of First Instance has issued a landmark judgment overturning the authorization, pursuant to the Plant Protection Products Directive (91/414/EEC), of an active substance for use in plant protection products. The court has identified shortcomings in the way the initial decision was taken by the European Commission. Of particular interest is the way in which the court has reinterpreted the directive.
The European Commission has recently taken a number of initiatives that will significantly affect the future of greenhouse gas emissions trading in the European Union. The EU Emissions Trading Directive is a key part of the European Union's response to fulfilling its commitments under the Kyoto Protocol on climate change.
In December 2006 agreement was reached on the new EU chemicals regulatory regime, which is set out in the EC Regulation Concerning the Registration, Evaluation and Authorization of Chemicals (REACH). It is expected to affect the placing of around 30,000 chemical substances on the EU market, imposing major administrative responsibilities and costs on EU producers and importers of these substances.
EC Regulation 1013/2006 on shipments of waste will apply in all EU member states from July 12 2007. The new regulation aims to simplify and consolidate the existing waste shipment regime but it is far from clear that this has been achieved. Under the new regulation only two procedures/control regimes apply to waste shipments: prior written notification and consent, or general information requirements.