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- Cándido García Molyneux
Cándido García Molyneux is a Spanish of counsel in the Brussels office of Covington & Burling. His practice focuses on EU environmental law and product regulatory law, Spanish food and drug law, and international trade law. He advises clients on legal issues concerning environmental product regulation, chemical law, waste management, climate change and emissions trading, renewable energies, energy efficiency, EU institutional law, Spanish medicines and cosmetics rules, and international trade law and non-tariff trade barriers.
Mr. García Molyneux was actively involved in the legislative process resulting in the REACH Regulation for several companies and trade associations, and advises clients on the impact of the new regime, including in particular the implications for downstream uses of chemicals. He was also very much involved in the legislative process that led to the revision and amendment of the Emissions Trading System Directive.
Chambers Europe notes "If you want a legal opinion as close to what the courts, board of appeal or regulators will come up with, he is just the best."
Mr. García Molyneux advises leading electronic manufacturers on EU environmental product regulation and product safety regulation of electronic products, such as the WEEE, RoHS, Batteries, ErP, Radio Equipment and Electromagnetic Compatibility Directives and their implementation in Member States. Recent matters handled include:
- Advice to a major manufacturer of consumer electronic products on the EU CE marking rules.
- Advice to a major manufacturer of medical devices on requirements imposed by the WEEE and RoHS Directives and their national implementing laws.
- Drafting submissions to the European Commission requesting and commenting upon exemptions from the restrictions of the RoHS Directive on behalf of aerospace and information technology manufacturers.
- Advice to manufacturers of consumer electronic products on EU product safety notification and recall requirements and procedures.
Mr. García Molyneux also advises companies on EC chemical law and in particular the REACH Regulation, the CLP Regulation and the Biocidal Products Regulation. Recent matters handled include:
- Legislative advice to associations of paper manufacturers, non-woven materials, chemicals and pharmaceuticals on the EC REACH Regulation on chemicals.
- Regulatory, contractual, and strategic advice to chemical manufacturers and downstream users in their efforts to ensure REACH compliance.
- Advice to cosmetic manufacturers on EC chemical classification procedures under the CLP Regulation and their impact under REACH and the Cosmetics Regulation and other product specific legislation.
- Advice to a major manufacturer of consumer goods on biocides legislation and borderline issues and on the impact of the REACH Regulation.
- Representation of a major chemical company before the Board of Appeals of the European Chemicals Agency.
- Representation of the European Chemicals Agency in more than fifteen cases before the General Court of the European Union.
Recent matters on emissions trading and clean energy include:
- Legal and advocacy advice on the revision of the EU’s Emissions Trading System and the Member States Effort Sharing Decision to an environmental services company wishing to sell carbon offsets in the EU carbon markets.
- Regulatory and advocacy advice to a major European electricity company concerning the allocation of emission allowances under the Emissions Trading System Directive.
- Regulatory and advocacy advice to a biofuels company on legislative developments relating to the proposed Renewable Energies Directive.
- Regulatory and strategic advice to a large manufacturer of electronic equipment on EU procedures for the adoption of energy efficiency requirements under the EU ErP Regulation.
- Regulatory advice to a large car manufacturer on EU rules on vehicles and emissions pooling.
Recent matters on Spanish food and drug law include:
- Advice to an association of pharmaceutical companies on Spanish rules on the advertising of medicinal products over the Internet.
- Advice to pharmaceutical companies wishing to sponsor clinical trials in Spanish hospitals.
Recent international trade law matters include:
- Advice to manufacturers of electronic equipment on the compatibility of national environmental laws with WTO laws.
Previous Experience
- Vesallious College UVB, External Professor of EU Environmental Law (2017)
- College of Europe, Natolin, External Professor of EU Environmental Law and Policy (2001-2016)
- Law Department of the European University Institute, Italy, Research Fellow (1997-2000)
- New York University, Florence Campus, External Professor on EU Law (2000)
- Commission Directorate General for Trade, Trainee (1997)
2007-2014
"Eyeing Putin, EU Advances Fracking-Friendly Policy" Law360 (3/14/2014) "EU’s Cap-And-Trade Freeze Isn’t Long-Term Fix System Needs" Law360 (7/8/2013) "Modifications to the REACH Annexes on Nanomaterials" LexisNexis (5/7/2013) "EU Vote Clouds Cap-And-Trade System's Future" Law360 (4/16/2013) "Chemical Agencies Puts 15 Substances on ...
March 13, 2020, Inside Energy & Environment
On March 4, 2020, the European Commission delivered the first major climate piece of its European Green Deal: it proposed a “European Climate Law,” which takes the form of a Regulation and establishes a framework for the irreversible and gradual reduction of greenhouse gas emissions and the enhancement of removals in the European Union. The...… Continue Reading
March 11, 2020, Inside Energy & Environment
Last week, the European Commission took a major step to implement the climate aspects of its European Green Deal. It presented a proposal for a European Climate Law and two consultations on its announced Climate Pact and Carbon Border Adjustment Mechanism (“CBAM”). The European Commission intends to present a proposal for a CBAM by the...… Continue Reading
March 11, 2020, Global Policy Watch
Last week, the European Commission took a major step to implement the climate aspects of its European Green Deal. It presented a proposal for a European Climate Law and two consultations on its announced Climate Pact and Carbon Border Adjustment Mechanism (“CBAM”). The European Commission intends to present a proposal for a CBAM by the...… Continue Reading
March 4, 2020, Inside EU Life Sciences
The European Commission has just adopted a Regulation that will lift the existing ban on imports of poultry meat from Ukraine that was triggered by the January 2020 Highly Pathogenic Avian Influenza (“HPAI”) outbreak in the western part of the country. On January 19, 2020 the Ukrainian authorities informed the World Organization of Animal Health...… Continue ...
March 4, 2020, Global Policy Watch
The European Commission has just adopted a Regulation that will lift the existing ban on imports of poultry meat from Ukraine that was triggered by the January 2020 Highly Pathogenic Avian Influenza (“HPAI”) outbreak in the western part of the country. On January 19, 2020 the Ukrainian authorities informed the World Organization of Animal Health...… Continue ...
January 17, 2020, Inside Energy & Environment
On December 20, 2019, the Supreme Court of the Netherlands confirmed the judgements of a District Court and an Appeal Court requiring the Dutch Government to achieve a reduction of greenhouse gas (“GHG”) emissions of 25% by 2020 compared to 1990, instead of the 20% reduction that the government had envisioned since 2011. The case...… Continue Reading
December 3, 2019, Inside Energy & Environment
Electronic devices and their components marketed in the European Union and European Economic Area are subject to a morass of environmental and product safety requirements that is only likely to increase with the EU’s implementation of its Circular Economy Strategy in the near future. The requirements apply to all types of equipment, from sophisticated ...
June 29, 2018, Inside Energy & Environment
The European Union has adopted a new obligation on suppliers of articles that contain substances listed in the REACH Candidate List of SVHCs in concentrations above 0,1% to submit a notification to the European Chemicals Agency (“ECHA”). The new requirement is intended to facilitate the recycling of products and was introduced by a new Directive...… Continue ...
June 1, 2018, Inside Energy & Environment
Citing a responsibility to tackle the problem of marine litter originating from Europe, on May 28, 2018, the European Commission presented a proposal for a Directive on Single Use Plastic Products that if adopted will restrict and increase the costs of marketing different categories of single use plastic products and fishing gear containing plastic. Many...… ...
May 24, 2018, Chemical and Engineering News
Cándido García Molyneux is quoted in a Chemical and Engineering News article regarding the May 31 REACH regulation deadline. Many other companies won’t be done dealing with REACH on June 1 either, says García Molyneux. He anticipates ongoing disputes between REACH registrants over sharing the cost of developing chemical safety data.
What Is a Robot (Under EU Law)?
January 2018, The Journal of Robotics, Artificial Intelligence & Law
August 4, 2017, Global Policy Watch
EU institutions are increasingly focusing on the legal challenges posed by the robotics and artificial intelligence sector. On May 16, 2017, the European Commission published a paper announcing a series of regulatory and policy initiatives in response to the European Parliament’s resolution on European civil law rules on robotics of February 2017. These ...
July 2017, Journal of Medical Device Regulation
May 15, 2017, Covington Alert
On May 2, 2017, the European Commission published a legislative proposal for a Regulation on a Single Market Information Tool. If adopted, the proposed Regulation would empower the Commission to request information from companies and trade associations, from a wide variety of industrial, technological and services sectors, if the Commission finds that serious ...
February 23, 2017, Global Policy Watch
The European Commission has presented a proposal to amend the EU’s examination comitology procedure with the aim of forcing Member States to vote and take responsibility in the adoption of controversial decisions mostly affecting health and the environment, such as pesticides, GMOs, and chemicals. If adopted, the proposed amendments are likely to result in ...
January 16, 2017, Medtech Insight
Cándido García Molyneux is quoted in a Medtech Insight article regarding an expected amendment to the Directive on the Restriction of Hazardous Substances (RoHS2). According to García Molyneux, if proposed, non-RoHS compliance electronic medical devices, IVDs and control instruments may be further supplied in the distribution chain or resold after July 22, 2019 ...
January 16, 2017, International Devices & Diagnostics Monitor
Cándido García Molyneux is quoted in an International Devices & Diagnostics Monitor article regarding the European Commission’s plan to allow certain second-hand and refurbished devices that contain hazardous substances to continue to be marketed in the EU beyond July 22, 2019. According to García Molyneux, the ban would greatly restrict the availability of ...
December 8, 2016, Covington Alert
Last week the European Commission presented an extensive package of legislative proposals (“Clean Energy Package”) that are intended to achieve and implement the European Union’s climate change and clean energy targets for 2030: a 40 percent cut of CO2 emissions, a share of 27 percent for renewable energies, and energy savings of 30 percent.
December 6, 2016, Inside Energy & Environment
Last week the European Commission presented an extensive package of legislative proposals (“Clean Energy Package”) that are intended to achieve and implement the European Union’s climate change and clean energy targets for 2030: a 40% cut of CO2 emissions, a share of 27% for renewable energies, and energy savings of 30%. The package presents both...… Continue ...
November 28, 2016, Covington Alert
Last week the Court of Justice of the European Union (“CJEU”) upheld a broad interpretation of the concept of “information that relates to emissions into the environment” that EU and Member State authorities (e.g., ECHA, EFSA, Commission, national environmental agencies) must disclose to the public.
POLITICO Brussels Influence: ECJ goes green — Data-driven lobbying — Brexit and health care
November 28, 2016, Politico
Cándido García Molyneux and Bart Van Vooren are quoted in a Politico article regarding the recent European Court of Justice rulings which interpreted elements of a global chemical safety protocol. According to García Molyneux, “The EU Court’s rulings of this week are not that surprising in light of the [safety protocol] Aarhus Convention and the EU’s ...
November 25, 2016, Inside EU Life Sciences
Last week the Court of Justice of the European Union (“CJEU”) upheld a broad interpretation of the concept of “information that relates to emissions into the environment” that EU and Member State authorities (e.g., ECHA, EFSA, Commission, national environmental agencies) must disclose to the public. According to the CJEU, the information that must be ...
August 31, 2016, Inside Energy & Environment
The EU recently published a Guidance on Compliance Criteria on Environmental Claims (“Environmental Claims Guidance”). The Guidance is intended to support economic operators and EU Member State enforcement authorities in their application and implementation of the principles of the Unfair Commercial Practices Directive (“UCP Directive”) to self-declared ...
April 1, 2016, Covington Alert
Strict EU rules enforce compliance with the principles on access and benefit sharing under the Nagoya Protocol. The rules affect all companies doing research on genetic resources, such as plants, bacteria and viruses, and related traditional knowledge. They in particular are relevant for the pharmaceutical, medical devices, cosmetics, biocides and foods ...
December 17, 2015, Inside Energy & Environment
The European Commission has adopted a Circular Economy Package (“Package”) intended to create a single market for the reuse of materials and resources. The policy initiatives discussed in the Package will impose on companies manufacturing or marketing goods in Europe additional eco-design, waste take back, and other producer responsibility requirements. Some ...
October 5, 2015, Inside Energy & Environment
On September 23, the Dutch Government appealed a decision* of the District Court in The Hague that obliges the Dutch State to reduce its greenhouse gas (“GHG”) emissions by at least 25%, instead of the currently envisaged 17%, compared to 1990 levels. The decision is unique in its kind in Europe: it forces a government...… Continue Reading
July 6, 2015, Global Policy Watch
1. Digital Single Market Policy Almost two years after the European Commission presented its proposal on a telecoms single market (Connected Continent), on 30 June, the three EU institutions finalized negotiations on two important issues: roaming charges and net neutrality. All other elements of the package will be discussed as part of the new Digital...… ...
Covington Advises Allergy Therapeutics on Alerpharma Acquisition and £20 Million Placing
June 24, 2015
LONDON, June 24, 2015 — Covington advised Allergy Therapeutics plc, the AIM-listed specialty pharmaceutical company, on its recently announced acquisition of Alerpharma, S.A. a Spanish-based allergy immunotherapy company which previously spun out from Spanish biopharmaceutical company, Zeltia S.A. Alerpharma’s principal operating subsidiary, Inmunal, markets ...
Communication of Information in the Supply Chain: Safety Data Sheets" and "Global Compliance
June 24, 2015, REACH: Legal Implications and Supply Chain Strategies 2015
June 11, 2015
BRUSSELS, June 11, 2015 — Covington has received 20 leading practice group rankings in the 2015 editions of Chambers Europe and Legal 500 EMEA. The legal guides have recognised the firm’s expertise in the following areas: CHAMBERS EUROPE Europe-wide - Regulatory - Agro/Food Europe-wide - Regulatory - Environment Europe-wide - Regulatory - ...
June 9, 2015, Global Policy Watch
Climate change was high in the agenda of the G7 Summit that concluded in Germany yesterday. After years of failing to agree on a binding global action plan to limit the impact of climate change, the seven most industrialized countries of the world expressed their strong determination to reach a deal at the COP 21...… Continue Reading
The Road to Paris: The EU, China and Global Climate Governance
May 5, 2015, The EU and China: Reform and Governance
Implications of the Current TTIP Negotiations on Chemical and Environmental Regulations
April 17, 2015, 2015 Annual Conference on European Environmental Law, ERA Academy of European Law
December 23, 2014, Global Policy Watch
For those who are interested in the rules of decision making and legislative advocacy in the European Union (“EU”), this year Santa arrived early to the hills of Luxembourg. On December 18, Advocate General Jääaskinen rendered his Opinion on a legal challenge of the Council of the EU against the European Commission, where for the...… Continue Reading
Enforcement – What are the Authorities Going to do Next?
June 25, 2014, REACH: Implications and Supply Chain Strategies 2014
May 16, 2014, Inside EU Life Sciences
The European Commission has launched a public consultation on possible EU measures to increase the transparency of nanomaterials on the European market. The consultation is the first step of a Commission drafting procedure that is likely to end in a proposal for a Regulation on an EU Nano-Registry that the Commission could formally present by...… Continue ...
May 8, 2014, Inside EU Life Sciences
The attached presentation on the New EU Rules on Articles Treated with Biocidal Products was presented at the Annual Conference on European Food Law 2014 of the Academy of European Law , Trier, on May 5, 2014. The slides discuss the new rules for treated articles of the EU Biocidal Products Regulation, the evolving Commission’s interpretation on complex...… ...
May 1, 2014, Environmental Law Institute
The Role of Science and Transparency in the Regulatory Decision Making Process
November 12, 2013, Science and the Transatlantic Trade and Investment Partnership (TTIP) at the European Parliament
October 25, 2013, Inside EU Life Sciences
This post was originally published as a Covington E-Alert Very recently, the General Court of the European Union held that European institutions and agencies (e.g., European Commission, ECHA, EFSA, EMA) must disclose to the public, upon their request, information on the impurities and composition of substances emitted into the environment even if this may ...
October 25, 2013, Covington E-Alert
August 30, 2013, Inside EU Life Sciences
Originally posted as Covington E-Alert on August 30, 2013 As of September 1, 2013, the new rules of the EU Biocidal Products Regulation apply to goods manufactured in, or imported into, the European Union and European Economic Area (“EU/EEA”).[1] The Regulation imposes new approval, labeling and disclosure requirements on goods (i.e., substances, mixtures, ...
Strategies for REACH authorisation in the supply chain
June 26, 2013, REACH: Legal Implications and Supply Chain Strategies 2013 Conference, Brussels
June 25, 2013, Inside EU Life Sciences
The Spanish Ministry of Health has published a draft Royal Decree on Clinical Trials, which the Spanish government is expected to adopt by the end of this year. Once adopted, the new Royal Decree will replace Royal Decree 223/2004 on Clinical Trials and will regulate all clinical trials with medicines and medical devices in Spain....… Continue Reading
June 19, 2013, Inside EU Life Sciences
EMA has published a draft guideline on the use of phthalates as excipients in human medicinal products. The guideline establishes new Permitted Daily Exposure (“PDE”) values for the following phthalates that are among the most commonly used as excipients in medicinal products: dibutyl phthalate: 0.01 mg/kg/day diethyl phthalate: 4 mg/kg/day polyvinyl acetate ...
2013, European Journal of Risk Regulation
October 23, 2012, Inside EU Life Sciences
Originally published as Covington E-Alert on October 23, 2012 On October 17, 2012, the European Commission presented a proposal that would limit the consumption of food crop biofuels and bioliquids in Europe.1 The proposal is intended to respond to allegations that food crop biofuels and bioliquids result in higher world food prices and indirect land...… ...
October 23, 2012, Covington E-Alert
REACH and other EU Environmental and Health Safety Legislation
June 26, 2012, REACH: Legal Implications & Supply Chain Strategies 2012
August 15, 2011, Inside EU Life Sciences
Article originally published in EuroWatch on August 15, 2011 The Council of the European Union has adopted a position at First Reading on a proposal for a Regulation on Biocidal Products that would impose new requirements on goods treated with biocidal products (“Council First Reading”).1 The new rules would apply to a wide variety of...… Continue Reading
August 15, 2011, EuroWatch
August 1, 2011, Covington E-Alert
Experience with REACH
June 6, 2011, Annual Conference on European Environmental Law 2011
The CLP Legal Obligations
June 1, 2011, The European Sustainable Chemicals Management Conference 2011
Lessons from the Enforcement of the EU Biocides Directive
May 17, 2011, CEFIC 8th Legis Workshop
REACH Procedure Beyond Registration
March 24, 2011, REACH in Practice Conference
5 Hot Compliance Issues in 50 Sizzling Minutes" and "Litigating Before the BoA and the EU Courts – What Companies Need to Know
January 19, 2011, REACH: Legal Implications & Supply Chain Strategies Conference 2011
2011, The Encyclopedia of Sustainability: The Law and Politics of Sustainability
November 2010, Regulatory Affairs Pharma
7/1/2010
BRUSSELS, July 1, 2010 — Covington & Burling LLP has received a dozen practice nods in the 2010 editions of Chambers Europe and Legal 500 EMEA. The legal guides have recognised the firm’s expertise in the following areas: CHAMBERS EUROPE Competition/European Law - Belgium (including individual rankings for Georg Berrisch, David Hull and Lars Kjølbye) ...
Recent Developments under the EU WEEE, RoHS and REACH: Legislation and the Impact on the Medical Device Industry
May 6, 2010, Medical Device Law & Compliance Forum
REACH - State of Play from the Practitioner’s Perspective
March 22, 2010, Latest Developments in EU Risk Regulation: REACH, Nanotech and Pharmaceuticals
2010/2011, PLC Cross-border Life Sciences Handbook
October 2009, Chemical Watch European Business Briefing
December 2008, Covington Advisory
Covington Announces Nine New Counsel
4/3/2008
WASHINGTON, DC, April 3, 2008 — Covington & Burling LLP has announced the promotion of four new of counsels and five new special counsels in the firm’s five offices. The new of counsels are as follows: Christopher Denig (Washington) focuses on representing clients in complex federal civil litigation (including class actions), internal corporate ...
January 2008, International Contract Manual (Thomson)
Covington Announces Ten New Counsel
April 3, 2007
WASHINGTON, DC, April 3, 2007 — Covington & Burling LLP has announced the promotion of four new Of Counsel and six new Special Counsel.The four new Of Counsel are Daniel P. Cooper, Christian Neira, Matthew J. O’Connor, and Kevin J. Shortill.Daniel P. Cooper advises on European privacy and data protection matters, as well as on contentious and non-contentious ...
The National Implementation of the RoHS Directive and other National Chemical Restrictions
April 2006, IPC/Soldertec International Conference
2006, The Yearbook of European Environmental Law, Volume 7
2006, The Yearbook of European Environmental Law, Volume 6
Biocides in context: borderline issues and spill over effects
December 2005, Conference on the Biocidal Products Directive IIR-Life Sciences
The Proposed REACH Regulation: Action Items for the Absorbent Hygiene Supply Chain
April 2005, EDANA Absorbent Hygiene products Supply Chain Forum
2005, The Yearbook of European Environmental Law, Volume 5
Institutional Governance and REACH
December 2003, The EU Chemicals Policy Conference ECN and Weinberg Group, Brussels
The Concept of Placing on the Market in the EU Law
December 2003, London School of Economics
Conclusions: The Regulation of Chemicals in Food - How Does it Work in Practice?
September 2003, Second International Conference of Young Researchers on Food Law, University of Aix en Provence
The Regulatory Process of Classification and Labelling of Chemical Substances
February 2003, The European Policy Center and the Weinberg Group
Restriction of Certain Hazardous Substances in Electronic Equipment
December 2002, Japanese Machinery Center for Trade and Investment, Osaka and Tokyo
The Draft Framework Directive on Energy Efficiency Requirements for End-Use Equipment
June 2002, Japanese Machinery Center for Trade and Investment
February 2002, Francis Snyder (Ed), Regional and International Regulation of International Trade, Oxford: Hart Publishing
Recent Developments on the EC Eco-Labeling Scheme
January 2002, Japanese Machinery Center for Trade and Investment
Recent Developments and Legal Issues of the Proposed Directives on Waste from Electronic Products and the Restriction of Certain Hazardous Substances in Electronic Products
September 2001, Japanese Machinery Center for Trade and Investment
Recent Developments in EC Environmental Legislation and Initiatives
April 2001, The Conference Board, Europe
February 2001, Oxford: Hart Publishing
Member States Discretion Under the EC Directive on Packaging and Packaging Waste
February 2001, EUROPEN, Taex Seminar
January 17, 2001, BNA International Environmental Reporter
Recent Developments in EC Environmental Legislation and Initiatives
January 2001, The Conference Board, Europe
November 22, 2000, BNA International Environment Reporter
Autumn 1999, European Law Journal
Establishing the Rules of the Game: Domestic Structures and International Trade
May 1999, Center of European Studies of Macao
- Legal 500 EMEA
- EU Regulatory, Chemicals (REACH) (2010-2019)
- Energy (2010-2016)
- Environment (2015-2016)
- Chambers Europe, Environment: Europe-wide (2017-2020), Environment: Regulatory - Belgium (2009-2017)
- Best Lawyers in Belgium, Regulatory (2013-2015)
- The Practical Law Company (PLC) - Which Lawyer?, European Union - EU environmental law (2009-2011)