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This book discusses the law and practice of the European Union's new chemical regulatory programs 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.
Table of Contents
Foreword, Guter Verheugen Introduction, Lucas Bergkamp PART I: The Law of REACH 1. Background and Structure of REACH, Bjorn Hansen 2. The Organizational and Administrative Structures, Dae-Young Park and Mike Penman 3. The Key Definitions and Scope, Lucas Bergkamp and Nicholas Herbatschek 4. The REACH Programmes and Procedures, Lucas Bergkamp and Nicholas Herbatschek PART II: The Practice of REACH 5. REACH and Strategic Decision-Making, Albania Grosso and Mark Crane 6. REACH Consortia, Michael Penman, Lucas Bergkamp, and Nicholas Herbatschek 7. Information Requirements and Data Sharing, Lucas Bergkamp and Nicholas Herbatschek 8. Competition Law, Daniel Francis 9. Compliance and Supply Chain Management, Lucas Bergkamp, Nicholas Herbatschek, and Uta Jensen-Korte PART III: Legal Remedies and Sanctions 10. Dispute Resolution and Legal Remedies, Paul Craig, Lucas Bergkamp, Nicholas Herbatschek, and Suriya Jayanti 11. Enforcement and Liability, Lucas Bergkamp and Nicholas Herbatschek PART IV: REACH and the World 12. International Trade and Investment, Lawrence A Kogan 13. REACH's Impact in the Rest of the World, Daniel Uyesato, Malcolm Weiss, Julieta Stepanya, Dae-Young Park, Kazumi Yuki, and Tad Ferris PART V: Evaluating REACH: An Interim Assessment 14. Is REACH Achieving its Objectives?, Bjorn Hansen and Mike Penman 15. How Could REACH be Improved?, Adam D K Abelkop, Agnes Botos, Lois R Wise, and John D Graham 16. Does REACH Present a Business Opportunity?, Lucas Bergkamp and Daniel C Esty 17. Conclusions, Lucas Bergkamp, Michael Penman, and Nicholas Herbatschek