Posts Tagged Article 129
At the end of October, the European Commission authorised the first use, by a Member State, of the safeguard clause contained in the REACH Regulation. France has been allowed to ban cellulose wadding insulation materials used in buildings, to protect the public from exposure to ammonia released from ammonium salts in the materials. The authorisation will lapse in July 2015 lest an EU-wide ban on the substance, prepared by France, will replace it by then.
As this was the first use of the measure, it remained to be seen how the EC would assess the French ban and the reasons for introducing it. It has adopted a great measure of deference to the national justifications invoked (in particular, incidents reported and initial measuring), even if the language of the safaguard itself is fairly restrictive.
Text of the safeguard clause (courtesy of REACHonline):
|ARTICLE 129:||Safeguard clause|
Article 129, Chemicals, Domestic regulatory autnomy, EU, France, harmonisation, Level playing-field, pre-emption, Precautionary principle, REACH, Regulation 1907/2006, Regulatory autonomy, Safeguard clause
- Applicable law and arbitration. Sulamerica extensively discussed in Kabab-Ji SAL v Kout Food Group. 17/02/2020
- NN v Barrick Tz Limited (Acacia) in the English courts. Another CSR /jurisdictional marker with likely role for Articles 33-34 Brussels Ia. 14/02/2020
- Hutchinson v MAPFRE and Ice Mountain (Obeach) Ibiza. Spotlight on the consumer and insurance title of Brussels Ia. 12/02/2020
- A quick (jurisdictional) note on the Cobalt supply chain litigation. 11/02/2020
- High Court confirms refusal to sue Google in the UK for its (alleged) assistance to hotlinkers: Wheat v Alphabet /Google Inc and Monaco Telecom. 10/02/2020
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