Brussels, 19/11/2015 (Agence Europe) - The European Court of Justice hearing took place on Wednesday 18 November for Sweden's case against the European Commission for failing to take action regarding endocrine disrupting chemicals (Case T-521/14)
The Health and Environment Alliance (HEAL) NGO attended this “crucial court hearing” and was delighted that it highlighted the Commission's unacceptable delay and subsequent harmful impact on human health. Endocrine disruptors are chemical substances that, even in low doses, can disrupt hormonal balance and run the risk of causing foetal or genital deformities, cancer and infertility.
Although the Commission was due to adopt scientific criteria by 13 December 2013 for the identification of hormone disrupting chemicals under the Biocides Regulation (582/2012/EU) and Pesticides Regulation (1107/2009), these scientific criteria are still not available (see EUROPE 11427 and 11366).
Sweden is hoping that the General Court of the EU will highlight the fact that due to the Commission's failure to adopt the delegated acts on the specification of these scientific criteria, it breached Article 5, Paragraph 3 of Regulation 528/212 on the marketing and use of biocidal products, and should be made liable for the costs.
Lisette van Vliet from HEAL pointed out that “when all EU governments and the European Parliament join together to prosecute the European Commission, it is clear that the Commission is getting it wrong. These delays are keeping Europeans exposed to chemicals that contribute to breast and prostate cancer, diabetes and obesity, infertility and learning disorders. We look to the European Court to make the Commission abide by deadlines set in European law to protect the health of Europeans”.
The Commission's impact study is still ongoing, which puts back the possibility of introducing criteria or any possibility of a new regulatory framework to 2017 at the earliest. The proceedings for failure to act were introduced by Sweden on 4 July 2014. In February 2015, the Council of the EU decided to support Sweden. Three member states (Denmark, France and the Netherlands) support Sweden at an individual level. Some commentators have said that this delay is down to the intense lobbying practised by the industry and to some services of the European Commission itself (see EUROPE 11319). (Original version in French by Aminata Niang)