EU White Paper Could Spell Trouble

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Courtesy of Bergeson & Campbell, P.C.

U.S. chemical producers and others should be concerned with the European Union’s (EU) Strategy for a New Chemicals Policy, commonly referred to as the “EU White Paper.” Although the white paper now is only a conceptual framework document, legislation to implement it is not far off.

Background

“New” chemicals in the EU are defined as those not marketed as of September 1981. They may not legally be marketed in the EU until extensive information about their production, use, properties and potential adverse effects are submitted to regulatory authorities for approval.

Existing chemicals do not require “premarket” approval. Concerned with the paucity of data for the 100,000-plus existing chemicals, however, various EU directives now require an initial risk assessment of existing chemicals with a view toward identifying substances of greatest concern to fill the data gaps.

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