EU Regulatory Bulletin April 2014 | Fieldfisher
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EU Regulatory Bulletin April 2014



BPR amendments have been published in the EU Official Journal, REACH authorisation & legal remedies.

BPR amendments have been published in the EU Official Journal

On 5 April 2014 Regulation (EU) No 334/2014 amending Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products, with regard to certain conditions for access to the market (BPR) was published in the EU Official Journal. This Regulation comes into force on the twentieth day following its publication in the Official Journal.

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REACH authorisation & legal remedies

The authorisation procedure under the REACH regulation aims to assure that the risks from Substances of Very High Concern (SVHCs) are properly controlled and that these substances are progressively replaced by appropriate alternatives while ensuring the good functioning of the EU internal market. In this regard, EU manufactures and importers bear risks and responsibilities along the process. At the same time, challenging authorisation decisions is also another important possibility that must considered by companies.

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EU Commission to propose rules on REACH data sharing

The European Commission is currently working on a proposal for an "implementing act" on data sharing and costs incurred by data sharing under the REACH Regulation.

The new rules will be aimed at helping small and medium sized enterprises (SMEs) to cope with the costs of REACH compliance. Over the last year, the consequences and burden of REACH for EU SMEs was highly debated. In that context, a study conducted by professor Jacques Pelkmans of the Brussels think tank Centre for European Policy Studies (CEPS) called for the introduction of strong rules for substance information exchange fora (SIEFS) to help SMEs.

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ECHA's Board of Appeal decides on substance ID case


By way of background, in a reference for preliminary ruling in case C-358/11 Lapin elinkeino, the Court of Justice has ruled, amongst other issues, that Articles 67 and 128 of the REACH Regulation must be interpreted as meaning that EU law harmonises the requirements relating to the manufacture, placing on the market or use of a substance such as that relating to arsenic compounds which is the subject of a restriction under Annex XVII to that regulation.


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Ongoing public consultations


ECHA consults on 30 more testing proposals


ECHA has announced 30 testing proposal consultations for 21 substances, which are mostly for prenatal development and sub-chronic toxicity tests. The consultation is open until 19 May.


More information can be found here.


ECHA consults on biocidal active DCPP


ECHA is consulting on an Austrian proposal that the active substance 5-Chloro-2-(4-chlorophenoxy)-phenol (DCPP) should be a candidate for substitution under the BPR. The consultation is open until 10 June.


More information can be found here.