Lawyers in our European REACH and Chemicals practice assist a wide range of chemical manufacturers and downstream users on EU chemicals legislation, such as REACH, CLP, the Biocidal Products Regulation, RoHS, and emerging requirements on nano-materials. Our clients include manufacturers of specialty chemicals, fertilizers, detergents, biocides, paper, information technology, aerospace, cosmetics, medical devices, food, and medicines.
Covington has extensively worked on REACH, CLP, RoHS and Biocides matters right from their early draft proposals. We have guided chemical manufacturers and downstream users and their trade associations through the legislative processes and submitted on their behalf legal comments and amendments to the different proposals. We also advise trade associations during their participation in the drafting of the European Commission’s and European Chemicals Agency’s guidance.
We provide our clients with legal, strategic, and advocacy advice to help them comply with the REACH, CLP and Biocides requirements, ensure the fair treatment of their products, and allow them gain a competitive advantage. We ensure that our clients can think ahead by providing them with advice on the relationship between REACH and CLP, specific product legislation and general safety and recall legislation.
We ensure the rights of our clients under the REACH, registration, evaluation, authorization, restrictions and CLP classification procedures. We provide clients with advice on contractual and regulatory issues related to data sharing, protection of confidential business information, and anti-trust concerns. In cooperation with our government affairs and litigation practices, we provide legal and advocacy advice on the defence of particular substances and products in administrative, legislative and judicial procedures before the European Chemicals Agency, Commission, Parliament, Council and Court of Justice.
The EU is increasingly regulating the manufacture and use of nano-materials in different products, such as biocides, cosmetics, and food contact materials. We help our clients understand the complex emerging definitions and requirements and help them influence the emerging European regulatory framework.
Representative Matters
- Regulatory and strategic advice to a large manufacturer of consumer goods on the corporate group’s re-structuring of its imports into Europe to improve and facilitate its compliance with REACH.
- Regulatory and strategic advice to a large manufacturer of consumer goods on the different EU procedures that may lead to the CLP classification of key ingredients as carcinogens and the impact of such classification under REACH and other EU regulatory regimes.
- Advice to a large chemical manufacture of polymers on the EU’s definition on nano-materials and Member States’ new reporting requirements.
- Advice to tissue paper manufacturers on the interplay between REACH and waste management issues.
- Advocacy and legal advice to an international association of bromine manufacturers in the defense of its brominated flame retardants. Strategic advice on the inter-relationship between the REACH Regulation authorization and restriction procedures and the EU RoHS Directive.
Accolades
- Chambers Europe, Environment, Regulatory - Belgium (2011-2012)
- The Practical Law Company (PLC) - Which Law Firm?, Environment, European Union (2009-2012)
- Legal 500 EMEA, EU Regulatory - Chemicals (REACH) (2011-2013)
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