Endocrine disrupting chemicals (EDCs) can impair brain development, cause birth defects, and
lower fertility. With the aim of identifying and ending the use of EDCs, the European Parliament
and European Council put measures in two regulations, The Biocides and Pesticides Products
Regulations aim at ending the use of these chemicals mandating the Commission to approve
scientific criteria for their identification. When certain conditions are met, derogations allow the
use of these substances.
On the 15th of June, the Commission proposed these criteria in delegated and implementing
legislation 30 months after its legal deadline to do so and after performing an impact
assessment that the Court of Justice of the EU found to be not necessary.
ClientEarth commissioned a legal opinion to experts from the University of Applied Sciences in
Darmstadt (Germany) to analyze the requirements for the scientific criteria and to apply these to the Commission’s proposals. Additionally, the legal opinion assesses the 4 options for the
criteria which the Commission put through an impact assessment.
The analysis finds that the proposed criteria are illegal because they limit the identification of
endocrine disruptors to those that are known to cause adverse effects, excluding those
presumed to cause adverse effects. Also, it found that, by proposing a change in the approval
mechanism for endocrine disrupting chemicals, the Commission has exceeded its delegated
powers. The proposed criteria alter the balance between environmental and health protection,
and functioning of the internal market, that was democratically established by the co-legislators.
|Published||July 8, 2016|