Brussels

Marcus Navin-Jones

  • Partner
  • Direct Dial: +32 (0) 2 645 5097
  • Fax: +32 (0) 2 645 5050
  • Professional Assistants: Aurélie Van Bever and Elisa Stryjski , Ph: +32 2 645 5043

    Brussels

    Avenue Louise 54,
    1050 Brussels
    Belgium

Marcus’s practice focuses on: EU chemical control; tobacco/vape (including CBD) products; product safety and liability; and environmental law. Marcus advises clients on how to get access to European markets, how to sell compliant products in Europe (including product audits to check compliance), how to overcome barriers to trade, and what to do in legal-crisis management situations – including enforcement, recalls and withdrawals. Marcus primarily focuses on EU chemical law. He assists and manages numerous REACH consortia. Marcus also has a vibrant litigation and dispute resolution practice and has counselled some of the most significant cases brought by chemical companies before EU Courts and the ECHA Board of Appeal. Marcus has recently been at the forefront of BREXIT and its potential impact on chemical supply-chains and assisted the UK House of Lords EU Energy and Environment Sub-Committee on EU and UK REACH issues. 

EU Chemical Control: Marcus advises on all aspects of EU chemical law. He focuses particularly on the REACH and CLP Regulations, ROHS2, BPR, PPPR, POPs, PIC and related law. His work includes a particular focus on: microplastics; polymers of concern; PBT/vPvB substances; endocrine disruptors; nanomaterials; chemical waste and other emerging issues. He supports a number of REACH consortia. He has also taken some of the most significant cases for the chemical industry before the EU Courts and the ECHA Board of Appeal including:



•Current case T-226/18 regarding a REACH Restriction 

•Current case C-471/18 P regarding an ECHA SONC

•T-283/15 regarding an ECHA Statement of Non-Compliance

•A-006-2016 regarding polymer data required from monomer REACH registrants

•A-012-2017 regarding a multi-constituent and alleged PBT/vPvB properties

•A-018-2015 regarding an annulment to carry out an EOGRTS study

•A-017-2015 regarding a PNDT study using a corrosive substance

•A-012-2014 regarding read-across data and a 2nd species PNDT study

•A-005-2011 regarding vertebrate animal testing



Other cases have included issues such as: SVHC identification (i.e. Candidate List inclusion); read-across adaptations including exposure-based waivers; and vertebrate animal testing. Marcus has also assisted with advocacy on proposals to list a substance on A, B or C of the Stockholm Convention.

Tobacco/vape and CBD products: Marcus focuses on emerging and traditional tobacco and nicotine-related products, including vape and e-cigarettes/e-liquids; heat-not-burn; and cannabis/hemp-based products – including CBD, THC, and other cannabinoids. His work particularly involves assisting clients in accessing European markets and avoiding trade barriers. 

Product safety and liability: Marcus assists clients with product safety & liability, and legal crisis management issues. This includes assistance on food and non-food products, their labelling and packaging, supply-chain agreements, and insurance coverage. He has assisted clients navigate through RAPEX notifications, and product recalls and withdrawals from the market. He has also supported companies with non-compliant and potentially non-compliant issues – including incidents involving possible criminal sanctions; Director and Officer liability issues; Corporate Social Governance issues; and requirements to report or inform the authorities. 

Environment: Marcus works increasingly on the interface between chemicals and chemical waste, the circular economy, plastic waste, extended producer responsibility, environmental liability, and pollution. This includes advice on the WFD, WEEE2, the Environmental Liability Directive, Eco-Design, Energy Labelling, and the Batteries Directive.     

General: Marcus is a partner at Keller and Heckman in Brussels and serves on the Keller and Heckman EU Committee. Marcus is a solicitor-advocate with the Law Society of England and Wales; a qualified mediator with the CEDR London; and a member of CEPANI (The Belgian Centre for Arbitration and Mediation). He is Editor and Board Member of International Chemical Regulation and Law Review. He is also the current secretary, and founder, of the EU Chemicals Board of Appeal Forum (formerly the ECHA Board of Appeal Forum). Marcus featured in ChemCon Europe 2018 "Interview on BREXIT with Marcus Navin-Jones and René van Sloten". Marcus is also 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



Publications

The Spring 2019 REACH Authorization Cases: Lessons to Learn for REACH Authorization Applicants

Expert Focus: Key REACH Authorization Judgments Offer Lessons for Companies

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 [Last updated:31 July 2017] 

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, 
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

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

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

Memberships

  • Law Society of Ireland
    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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