This paper presents a legal assessment of two draft legislative acts addressing substances with endocrine disruptive properties (ED) published by the Europe-an Commission as of 15 June 2016:
− one introducing scientific criteria to identify endocrine disruptive properties of active substances to the Biocidal Product Regulation (BPR) and
− one introducing respective scientific criteria to the Plant Protection Product Regulation (PPPR) and additionally changing the approval mechanism for active substances with endocrine disruptive properties.
The Policy Options with respect to the scientific criteria subject to the Europe-an Commission Impact Assessment are analysed as well.
The assessment is based on legal criteria derived from the mandates confided by the BPR and the PPPR to the Commission to propose draft legislation. The legal criteria lead inter alia to the questions whether the draft legislation is limited to modifying non-essential elements of the basic legal acts and whether the draft legislation conforms to the normative objectives of that acts.
To this end, the legal requirements pursuant to the BPR and the PPPR as well as pursuant to the General Court judgment in Case T-521/14 with respect to the determination of scientific criteria to identify ED are analysed. The General Court stresses that criteria for the determination of endocrine disrupting properties have to be based strictly on scientific considerations. Thus the con-sensus statement on the identification of ED agreed upon recently by international experts has to be taken into account.
|Published||July 8, 2016|