EU Environment Report: June 2012 | White & Case LLP International Law Firm, Global Law Practice
EU Environment Report: June 2012

EU Environment Report: June 2012

In this issue:

(1) Chemicals:
(a) ECHA adds 13 Substances of Very High Concern to REACH candidate list
(b) ECHA puts ten new substances up for REACH public consultation
(c) EU General Court ruling grants court access to NGOs
(2) Climate Change: Rio+20 ends with disappointment, but some success
(3) Eco-design: Commission Regulation implements new eco-design requirements for water pumps
(4) Energy: EU agrees on energy efficiency directive
(5) Pollution:
(a) New EU Regulation on light passenger and commercial vehicles emissions
(b) New BAT guidance for EU cement industry
(6) Waste: EU publishes new rules on battery recycling
(7) Other: Parliament backs Seveso III on major accident hazards
(8) The Months Ahead: Workshops & Conferences


ECHA adds 13 Substances of Very High Concern to REACH candidate list
The European Chemicals Agency (ECHA) has added 13 substances of very high concern to the REACH Candidate List. Among the new SVHCs are four dyes, aluminosilicate refractory ceramic fibres, zirconia aluminosilicate refractory ceramic fibres, TEGDME, EGDME and formamide. There are now 84 substances on the ECHA’s candidate list. Producers and importers of products containing any of these substances have until 17 December 2012 to notify ECHA if they are using the substance in sufficient quantities and concentrations.

ECHA puts ten new substances up for REACH public consultation
The ECHA has also initiated a public consultation on ten new substances to be included in its Authorisation list. It plans to recommend the following substances:

1. formaldehyde, oligomeric reaction products with aniline (technical MDA)
2. arsenic acid
3. dichromium tris(chromate)
4. strontium chromate
5. potassium hydroxyoctaoxodizincatedichromate
6. pentazinc chromate octahydroxide
7. bis(2-methoxyethyl) ether (diglyme)
8. N,N-dimethylacetamide (DMAC)
9. 1,2-dichloroethane (EDC)
10. 2,2'-dichloro-4,4'-methylenedianiline (MOCA)

The consultation runs until 19 September 2012.

EU General Court ruling grants court access to NGOs
In a case brought by NGOs Natuur en Milieu and PAN European, the European General Court has issued a ruling that grants NGOs the right to request internal reviews of decisions - including approvals, guidelines, and derogations - made by the European Commission. The NGOs had asked the Commission for a review of Regulation 149/2008, which provided for new, maximum limits for pesticides in food. The Commission denied the request because it did not meet the criteria in a 2006 regulation applying the Aarhus convention to EU governing bodies. The Court accepted that the request had not met the criteria, but ruled that the criteria themselves were too narrow and incompatible with the convention, and annulled the Commission’s decision not to hold a review.

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