EU round up: ECJ blasts commission over failure to set endocrine disruptor criteria

The European Court of Justice (ECJ) has censored the European Commission for failing to produce formal guidance on what constitutes an endocrine disrupting chemical, so that chemical industries, such as the paint sector can comply with the EU biocidal product regulation. It has a rule that endocrine disrupting biocides should not be approved for use in the European Union (EU) and assessments of biocidal products under the regulation are under way but the coatings industry still lacks clear legal guidance from the Commission on this key point. Brussels’ failure to act by a legal deadline of December 13, 2013, has drawn criticism from environmentalists. European Parliament green MEPs have claimed draft criteria were ready by summer 2013 but were shelved by senior Commission officials pending an industrial impact assessment.

As for the court, it said that not only was there no requirement within the biocidal products regulation for an impact assessment, tagging one did not ‘in any way exonerate it from complying with the deadlines’. It added that ‘the wording of the regulation is perfectly clear and does not give rise to any ambiguities’.

• The European Chemicals Agency (ECHA) has released 2016 deadlines for companies wanting to apply for biocidal products to be authorised for use across the EU, depending on their active substance. Companies must apply by these dates for their products to be marketed within the EU – one has already passed on January 1. The deadlines and relevant active ingredients are folpet (January 1); and permethrin (May 1). Also, for July 1 – alpha-cypermethrin; bacillus sphaericus 2362, strain ABTS-1743; bacillus thuringiensis subsp. israelensis, strain SA3A; and propan-2-ol. For October 1 ­ clothianidin; MIT; and glutaraldehyde. And for December 1 ­ IPBC and DCPP. See http://echa.europa.eu/view-article/-/journal_content/title/upcoming-deadlines-to-apply-for-union-authorisation-of-biocidal-products

• The European Commission has approved rules insisting that paint and other products exported to the EU from Jewish settlements in the Palestinian territories, east Jerusalem and the Golan Heights have special origin labels. The Israel government has opposed the move. EU member states can decide the exact wording for this labelling. Companies that could be affected by the rule include east Jerusalem’s Beauty Paints Factories Co Ltd.

• ECHA has released a list of 50 chemicals that it wants companies to re-assess by February 29 regarding relevant chemical safety reports lodged as part of the EU’s REACH chemical control system – see http://echa.europa.eu/documents/10162/13628/substances_compliance_checks_2016_en.pdf