Date: Apr 01, 2020
Keller and Heckman Partner Marcus Navin-Jones was quoted in the Chemical Watch article, “Have Echa’s Changes to its Dossier Compliance Checking Regime Been Effective?” In May 2018, the European General Court (CJEU) handed down a judgment that, it was predicted, would significantly undermine the European Chemical Agency’s (Echa) ability to work with national authorities on ensuring the compliance of REACH registration dossiers. The case had major implications for the agency’s use of statements of non-compliance. At the time the judgment raised fears Echa could be plunged into an "endless loop" of compliance checking. With Echa having no enforcement powers, they were often looked upon as a trigger for the authority to take action.
However, in the 2018 case, the court ruled that if a registrant responds to an Echa Decision with new supporting evidence that is not "manifestly unreasonable [and that does] not therefore amount to an abuse of procedure", the agency must start a new evaluation procedure. Marcus Navin-Jones said at the time, "Proving an act or decision by an EU agency can be challenged before court is essential for every litigant, and this case is a significant addition to the case-law in this area." Two months after the judgment, Echa announced it would not appeal.
To read the full article, click here.