Main Page     I. The Administrative Framework     II. European Environmental Policy
III. Directives Implementing the EU Environmental Policy
IV. Chart of the Directives and Enforcement Dates

Chemicals/Environmental Liability

A. Chemicals (REACH)

REACH stands for Registration, Evaluation and Authorization of Chemicals. The details of the EU strategy on hazardous chemicals are discussed in the White Paper: Strategy for a Future Chemical Policy, COM (2001)88 final, Brussels, 27.2.2001.

The major proposal under discussion will, if implemented, greatly expand the regulation of marketing and use of chemicals in the EU. In effect, the burden of proof will be shifted. At present, it is up to the EU to demonstrate that a chemical is hazardous, and should be regulated. If the REACH proposal is enacted, chemical manufacturers will be responsible for proving that their products are safe and do not have to be regulated. Moreover, all chemical substances used in the EU would be subject to the review and authorization procedures. The testing requirements would be set according to two factors: the volume of the substances produced and the intrinsic nature of the substances. Responsibilities for the evaluation of chemical substances would be given to member states. Responsibility for coordinating REACH activities would be given to an expanded European Chemical Substances. The ECB would be responsible for receiving, evaluating, holding and distributing the registration dossiers developed by industry for the chemical substances, for identifying and reviewing substances that present special environment risks, and for coordinating enforcement activities. The costs of maintaining the system would be supported by registration fees.

Companies would be responsible for notifying an authority of their intent to manufacture and import a chemical substance covered by REACH that has not yet been entered in the system. The burden of proof would be essentially on the manufacturer to show that a chemical substance is benign.

Please note that the REACH proposal is under active discussion and may be revised before (or if) it is passed.

Directive Code	Directive Name	Directive Date	Date of Enforcement
COM (2001)88 final, Brussels	Registration, Evaluation and Authorization of Chemicals	27.2.2001	-

B. Environmental Liability

DIRECTIVE 2004/35/CE 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.

This proposal for a Directive applies to environmental damage and to any imminent threat and does not cover environmental damage resulting from an armed conflict, a natural disaster, an authorized event, or activities which were not considered harmful according to the state of scientific knowledge at that time.

Prevention and remedying of environmental damage

Where there is an imminent threat of environmental damage, the competent authority designated by each Member State will require the potential polluter to take the necessary preventive measures, or will take such measures itself and recover the costs incurred at a later date. Where environmental damage has occurred, the competent authority will require the potential polluter concerned to take the necessary restorative measures, or will take such measures itself and recover the costs incurred at a later date. Where several environmental damages have occurred, the competent authority may determine the order of priority according to which they must be remedied. Where the potential polluter has insufficient financial means to take all or part of the necessary restorative measures, or where it is not possible to identify the potential polluter, Member States will ensure that the measures are taken anyway.

Recovery of cost

Where the competent authority has implemented preventive or restorative measures itself, it is entitled to recover the costs it has incurred from the potential polluter who has caused the damage or the imminent threat of damage. The same principle applies to environmental assessments carried out to determine the extent of the environmental damage and the measures needed to remedy it. Where there is biodiversity damage resulting from occupational activities not listed in Annex I of the Directive, and where the potential polluter is not at fault or has not been negligent, that potential polluter will not be required to bear the cost of preventive or restorative measures. Where several potential polluters are jointly responsible for an instance of environmental damage, they must bear the restorative costs either jointly and severally, or on a proportional basis. However, potential polluters who can establish the extent of their responsibility will be required to bear only such costs as relate to that part of the damage.

Request for action

Legal and natural persons likely to be adversely affected by environmental damage and bodies which are authorized to work for the benefit of the environment (including organizations whose purpose is to protect the environment) may require the competent authority to take action against the damage.

Directive Code	Directive Name	Directive Date	Date of Enforcement
COM (2001)88 final, Brussels	Registration, Evaluation and Authorization of Chemicals	27.2.2001	-