Brussels

Marcus Navin-Jones

  • Partner
  • Direct Dial: +32 (0) 2 645 5097
  • Fax: +32 (0) 2 645 5050
  • Professional Assistant: Aurélie Van Bever , Ph: +32 (0) 2 645 5082

    Brussels

    Avenue Louise 54,
    1050 Brussels
    Belgium

Mr. Navin-Jones specialises in EU Litigation and EU Regulatory law, particularly: the defence of chemicals; the defence of uses or applications of chemicals; compliance with chemical control law; and chemical and product liability issues. Mr. Navin-Jones a solicitor-advocate with the Law Society of England and Wales, is a qualified mediator with the CEDR London, and a member of CEPANI (The Belgian Centre for Arbitration and Mediation). He is the current secretary, and founder, of the EU Chemicals Board of Appeal Forum (formerly the ECHA Board of Appeal Forum). Mr. Navin-Jones is featured in Lawyer Monthly October 2016 (Lawyer Monthly - Thought Leader - Marcus Navin-Jones, Environmental Law) and he was interviewed in the ITN Video Production "The importance of the Single Market to those operating within highly regulated industries." Mr. Navin-Jones is Editor and Board Member of International Chemical Regulation and Law Review.

EU Litigation and Dispute Resolution

ECHA Board of Appeal
Mr. Navin-Jones’s practice includes advising and assisting on all areas of EU litigation, advocacy and dispute resolution. Mr. Navin-Jones has extensive experience of mounting appeals before the ECHA Board of Appeal (ECHA BOA). This includes acting as legal counsel for the appellants in: A-017-2015 (Dow Corning); A-018-2015 (TPP Registrants); A-012-2014 (Huntsman/BASF); and A-005-2011 (Honeywell). He counselled on the first REACH Substance Evaluation case before the ECHA BOA – establishing the ability to bring so-called collective appeals. He also counselled on the first case to proceed to Oral Hearing before the ECHA BOA.

EU Courts
Mr. Navin-Jones’s experience and expertise spans the full gamut of EU litigious and advocacy fora including lodging and assisting in legal challenges before the EU courts, particularly the General Court. He is currently advising on issues regarding pre-Annex XIV and XVII REACH issues, post Annex XIV REACH and post-Candidate Listing, and related issues. He has received press attention for his efforts in assisting the chemical industry in ensuring that so-called REACH only representatives were able to apply and obtain REACH Authorisation. He advises on authority-facing disputes on issues such as endocrine disrupters, PBT/vPvB characteristics, sensitisation, weight-of-evidence, read-across adaptations, substance identity, etc.

REACH/BPR Data Sharing
For almost a decade, Mr. Navin-Jones has been heavily involved in the establishment of REACH consortia, and the resolution of data disputes concerning REACH and the BPR.  Mr. Navin-Jones is currently assisting a number of clients engaged in REACH Data Disputes, acting for Data Owners and Data Seekers respectively.   

Persistent Organic Pollutants
Mr. Navin-Jones has advocated against the listing of substances on Annexes A, B or C of the Stockholm Convention on Persistent Organic Pollutants and advised on POPRC administrative procedure and intervention in UNEP POPRC decision-making processes.               

EU Regulatory and Environmental Law

Mr. Navin-Jones advises clients on issues regarding compliance with, amongst others:
-      Control and regulation of industrial and specialty chemicals law (REACH,
       CLP,GHS, EU, Switzerland, Turkey etc);
-      Control and regulation of biocides; agricultural pesticides; and fertilisers
       (PPPR, BPR, etc);
-      Issues regarding POPs, PIC Regulation, Nanomaterials, Endocrine
       disrupters; etc;
-      Tobacco and vaping products;
-      Packaging and labelling

Mr. Navin Jones also advises on Environmental law including issues regarding:
-      Waste: Circular economy and general, electronic, hazardous, packaging
       waste (WFD, ROHS, WEEE, etc);
-      Pollution and environment (IED/IPPC Directive, ELD, etc);
-      Packaging, Energy Labelling, EcoDesign, Food, Food Packaging.

EU Competition and Commercial Law

Competition, Market Access, Enforcement, etc.
Mr. Navin-Jones advises on competition law compliance, market access and obstacles to trade including free movement of goods and services, mutual recognition, trade barriers etc. as concerns Articles 34-36 TFEU, the Goods Package, the Mutual Recognition Regulation. Mr. Navin-Jones advises on agreements and concerted practices within the scope of Article 101 TFEU, Article 102 dominant position issues including special responsibilities regarding impairment of undistorted competition and related issues. As and when enforcement or other action is taken against specific products or entities, Mr. Navin-Jones assists clients in resolving those issues.   

Product Safety and Liability
Mr. Navin-Jones advises clients on issues regarding product safety and liability, and legal crisis management including breach-discovery, reporting requirements, corrective action, recalls and recovery. In particular, Mr. Navin-Jones advises on novel and new applications of new and existing chemicals in relation to consumers or vulnerable groups, including:
-          e-cigarettes, e-liquids and other vaping products;
-          liquid nitrogen and consumer uses (cryogenic applications);
-          nanotechnologies;
-          medical devices;
-          toy and childcare products.         

Publications

A Legal Review of EU Boards of Appeal in Particular the European Chemicals Agency Board of Appeal 

Preparing for BREXIT, What companies should be doing now, Chemical Watch, November 2016 https://chemicalwatch.com/51009/preparing-for-brexit

Ein rechtlicher Überblick über die EU-Beschwerdekammern, insbesondere die Beschwerdekammer für die Europäische Agentur für chemische Stoffe

Treated articles under the BPR - A problem solved? Specialty Chemicals Magazine, February 2012

EU Commission Confirms OR Authorisation Role

Tobacco Product Regulation in the European Union, Tobacco Regulation and Compliance: An essential resource, Food and Drug Law Institute (FDLI), December 2011

ECHA disclosure of REACH Authorisation data

Authorisation applications and EU competition law

South Korea issues its version of REACH for consultation

Proposed EU Biocidal Products Regulation

REACH consortia without breaching competition law

REACH consortia formation

Companies rethink the role of importers under REACH

Cited in Doubt over OR role in REACH authorisation

Cited in Commission decision on OR authorisation role expected by October

Presentations at Public Conferences

EU law (excluding the New TPD) relevant to e-cigarettes, e-liquids and vape products, 31 July 2017 - Please click here to listen.

Requirements Under the New TPD for e-cigarettes and e-liquids; E-Vapor Law Symposium: Is Your E-Liquid Ready for FDA, 3 February 2017

BREXIT: Impact on the Chemical Industry; K&H and Chemical Watch Webinar 14 December 2016
The video recording and slides are now available for you to watch online or download: 
Watch the video recording online or download the video here or Download the slides here

BREXIT: Impact on the Chemical Industry; Consumer Specialty Products Association; Webinar, 5 December 2016

BREXIT: Impact on the Chemical Industry; TSGE REACH Congress, Dusseldorf, Germany, 8 November 2016

BREXIT: Impact on the Chemical Industry; ChemCon Americas, Toronto, Canada, 18 October 2016

BREXIT: Impact on the Chemical Industry; CEFIC, Brussels, Belgium , 13 October 2016

TSCA Reform for EU Stakeholders; Webinar, 22 September 2016, 

BREXIT: Impact on the Chemical Industry; Keller and Heckman Chemical Control, Washington, 13 September 2016

BREXIT: Impact on the Chemical Industry, CIR Summit, Nice France, 7 - 8 September 2016

E-liquids and e-cigarette standards and TPD compliance: Global Forum on Nicotine (GFN), Warsaw, Poland  17-18 June 2016

EU REACH Overview and update: What has been achieved and what is next? International Chromium Development Association (ICDA), Tirana, Albania, 28 April 2016

E-cigarettes, e-liquids and vape products under the New Tobacco Products Directive: Problems and Pitfalls, Webinar, 29 February 2016 - Please click here to listen 

Global Silicones Council (SC), EU Message Training Workshop, ECHA Guidance: Adoption procedure and impact, 23 February 2016


 The New REACH Data Sharing Regulation, Webinar, December 2015 http://ll4.workcaststr.net/10703/9739608019680871/10703_20151112233550797_UntitledAndrews.mp4

ECHA Appeals: 2015 Round-up and highlights: Focus on REACH Data Sharing; REACH Congress, Dusseldorf, Germany, 25 November 2015

REACH Data Sharing: Disputes, Decisions and the Draft Act, K&H Chemical Control Seminar 2015, Washington DC, 28 October 2015

REACH Data Sharing: The New Regulation on REACH Data Sharing and Joint Submission, CIR (Chemical Industries Regulations), 24 September 2015, Barcelona, Spain

EU Product liability: Near consumer uses, European Industrial Gases Association (EIGA), 28 January 2015

ECHA Board of Appeal: How, when and why to appeal, REACH Congress, 19 November 2014

ECHA Board of Appeal Procedure and Case A-005-2011 (Honeywell vs ECHA), webinar for LARIT, 24 May 2013

Biocidal Products Regulation and Food Contact Materials, Imaging and Printing (I&P) Association Europe e.V., Frankfurt, Germany, 8 May 2013

EU Litigation:  ECHA Board of Appeals, Keller and Heckman 20th Anniversary Conference, Brussels, Belgium, 11 October 2012

Impact of Biocidal Products Regulation on Food Contact Materials, Keller and Heckman 20th Anniversary Conference, Brussels, Belgium, 11 October 2012

The Biocidal Product Regulation (BPR): Changes the Regulatory Landscape, Union Authorisation and Mutual Recognition, Webinar, 11 September 2012

Chair of Biocides Working Group, Chemical Industries Regulations, Informa Life Sciences, Barcelona, Spain, 5-6 September 2012

Regulatory Requirements Under BPD/BPR, Cargill Brussels, 9 August 2012

'Substitution' Under EU Chemical Law:  A Model for California? Webinar, 28 July 2012

REACH Authorisation:  Legal Framework; Webinar, 26 July 2012

International Developments in EU Chemical law: EU BPR and Asia Biocides, Webinar, 19 April 2012

Food Contact: Impact of new EU Biocidal Products Regulation, Webinar, SpecialChem, 29 March 2012

REACH Authorisation and Downstream Users, Goodrich Hazardous Materials Steering Committee, Webinar, 14 February 2012

REACH and the Biocidal Products Regulation for US Companies; Webinar, 23 January 2012

Biocidal Products Regulation: Treated articles and Food contact materials, European Academy of Law (ERA) Food Conference, Trier, Germany, 22 November 2011

REACH Authorisation: From start to finish, US National Association for Surface Finishing, webinar, 10 November 2011

REACH Authorisation: Candidate Listing, Annex XIV Listing and Authorisation Applications, K&H Chemical Advanced Course, Washington DC, USA, 26 October 2011

Biocidal Products Regulation: Treated articles, Food contact materials and Surface biocides, Fresenius, Frankfurt, Germany, 19 October 2011

REACH-like legislation: South Korea, Japan, China, USA, Australia, Canada, Umicore, Hoboken, Belgium, 13 October 2011

REACH Authorisation: Application Process in Practice, Legal and Scientific Challenges, Helsinki, Finland, 17 May 2011

REACH regimes: Turkey and Switzerland, K&H Chemical Advanced Course, Washington DC, USA, 1 November 2010

 

Practice Areas

Education

  • Stonyhurst College
    • , 1995
  • University of Bristol
    • , 2000
  • College of Law, London
    • , 2002

Bar Admissions

  • Law Society of England and Wales
  • Brussels Bar (E-List)
  • CEDR Accredited Mediator
  • Law Society of Ireland

Memberships

  • Law Society of England and Wales, admitted as a solicitor, September 2007, admitted as a solicitor-advocate, June 2013
    CEDR Accredited Mediator
    American Bar Association
    Member of the Belgian Centre for Arbitration and Mediation (CEPANI)


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