On December 16, 2015 Sweden won the court case against the European Commission (EC) on the setting of criteria for identifying endocrine disrupting chemicals (EDCs). According to the Biocidal Products Regulation (BPR, (EU) No 528/2012), the EC was required to define criteria for EDCs by December 13, 2013, which shall also apply under the Plant Protection Products Regulation (PPPR, (EC) No 1107/2009). However, the EC missed this deadline and instead launched a public consultation and an impact assessment on the setting of EDC criteria.

In July 2014, Sweden sued the EC for failing to abide to the deadline specified in the BPR and thus delaying the setting of EDC criteria. A court hearing of the case took place at the European Court of Justice in Luxembourg on November 17, 2015. On December 16, 2015 the General Court of the European Union has decided the following:

“…the General Court finds, firstly, that it is explicit in the regulation that the Commission had a clear, precise and unconditional obligation to adopt delegated acts as regards the specification of the scientific criteria for the determination of the endocrine-disrupting properties and that that was to be done by 13 December 2013.”

“… the General Court notes that the Commission cannot rely on the fact that the scientific criteria which it had proposed were the subject of criticism, in summer 2013, on the ground that they had no basis in science and that their implementation would affect the internal market. The existence of that criticism is irrelevant to the fact that the Commission had an obligation to act before 13 December 2013 by adopting the delegated acts referred to in the regulation.”

“The General Court therefore concludes that, by failing to adopt delegated acts as regards the specification of the scientific criteria for the determination of endocrine-disrupting properties, the Commission has failed to fulfill its obligations under Regulation No 528/2012.”

In a press release, the Government Offices of Sweden stated: “We are very pleased. The important task of identifying and phasing out endocrine disrupting substances needs to get started.”

In a press briefing, a representative of the EC stated that the Commission took note of the General Court decision. He stressed that the impact assessment is on track and shall be concluded in 2016. The decision on definitive EDC criteria shall follow thereafter, however no clear date or time window was specified. In attempt to justify the EC’s delay in setting EDC criteria, the representative stressed that the decision on EDC criteria has to be based on “solid scientific grounds” and that “EDCs are a highly complex issue.” Therefore, the amount and type of work to fulfill this task is “considerably challenging.” The setting of EDC criteria is regarded as a “pioneer work at global level.”

Read more

Government Offices of Sweden (December 16, 2015). “Sweden wins court case on criteria for endocrine disrupting substances.

General Court of the European Union (December 16, 2015). “By failing to adopt measures concerning the specification of scientific criteria for the determination of endocrine-disrupting properties, the Commission has breached EU law.

EC (December 16, 2015). “LIVE EC Midday press briefing of 16/12/2015: HEALTH – Endocrine disruptors – European Court of Justice ruling T-512/14 Sweden v Commission:- Q&A.

BBC (December 16, 2015). “Endocrine disruptors: European Commission ‘breached law’.

Stéphane Foucart (December 16, 2015). “Bisphénol A, phtalates, pesticides: la Commission européenne condamnée pour son inaction.Le monde

ChemSec (December 16, 2015). “EU court states Commission failed its legal obligations on EDCs.

HEAL (December 16, 2015). “Commission breached EU law by delaying criteria on EDCs.

Leonardo Trasande (December 2015). “Guest column – Leonardo Trasande on EDCs.Chemical Watch

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