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2017 | Book

REACH Beyond Borders

Europeanization Towards Global Regulation

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About this book

This book discusses how much other countries reflect the EU chemical regulation REACH (Registration, Evaluation, Authorization, Restriction of Chemicals), in the context of Europeanization theory. The main hypothesis verified in this book is that more trade with the EU means more Europeanization (as the non-EU companies exporting to the EU have an obligation to comply with EU rules according to the “No data, No Market” REACH provision). This book further points out that non-EU companies voluntarily adopt EU standards while this change has yet to be reflected on the policy level in non-EU countries, mainly for economic reasons.Exploring changes in national chemical regulatory policies among top chemical producers around the World brings new ideas into the process of Europeanization behind EU borders and provides useful material for academia, regulatory experts and export oriented chemical industry.


Table of Contents

Frontmatter

Theoretical Basis

Frontmatter
Chapter 1. The Concept of Europeanization
Abstract
This chapter explores key elements of the Europeanization concept which is the main theoretical point of view used in this book. At first, several definitions of the concept will be introduced in order to explore different perceptions and understandings. Then emphasis is put on processes happening behind the label of Europeanization. Because these processes may evoke reactions of subjects to Europeanization or other actors influenced by Europeanization it is worth to explore possible responses to Europeanization at the domestic level. The last part of the chapter deals with the concept of Europeanization in the context of EU external influence as key mechanism used in this book.
Ondřej Filipec
Chapter 2. REACH as the Source of Europeanization
Abstract
In order to respond the question “how much Europeanization?” took place in chemical legislation in selected countries it is necessary to explore how the result of Europeanization should look like or what shall the “export” from the EU look like. This chapter presents material to the core of Europeanization. Focus is given to content of Europeanization which is REACH regulation, however there follows REACH-linked regulations which are considered as integral part of EU chemical management legislation. This includes CLP regulation, Biocidal product regulation (BPR) and Prior Informed Consent regulation (PIC). Each regulation will be explored in a separate section. It is not the aim of the chapter to present the legislative in its complexity, but rather to point out the main aspects. For this reason the chapter is descriptive in its nature, first introducing the general context and then key aspects of the legislation. The four sections about EU chemical regulations (REACH, CLP, BPR and PIC) will be preceded by section introducing the situation prior REACH in order to show the contrast and revolutionary progress of existing EU legislation.
Ondřej Filipec
Chapter 3. Global Sources of Influence
Abstract
European Union law is not the only source of influence and inspiration in the international arena regarding chemical management. There are several important tools and initiatives regarding chemical management on the global level. The main aim of this chapter is not to comprehensively explore all conventions, treaties and initiatives dealing with chemicals. This is not possible due to large area covered. This chapter rather introduces the main aspects of the most important tools including the Basel Convention, Rotterdam Convention and Stockholm Convention which are introduced in separate chapters. Other important instruments and initiatives, such as the Aarhus Protocol, Responsible Care or Safe Planet are introduced as well. This chapter is descriptive in its nature, exploring the material nature of chemical regulation at the international level which might be, next to the EU, other source of influence on the countries outside the EU. It helps to distinguish between Europeanization and globalization as it presents instruments on the global level.
Ondřej Filipec

The Influence of REACH

Frontmatter
Chapter 4. REACH Going to the EU Neighborhood
Abstract
Second chapter explored the main norms regarding chemical regulation which are valid in the EU. Behind EU borders there are countries aspiring to EU membership. While some already have signed association agreements and opened enlargement negotiations with the EU, others are just potential candidates without early EU membership perspective due to political problems. This chapter deals with the EU neighborhood on its eastern borders, starting from the Western Balkans through Turkey and Moldova to Ukraine.
Ondřej Filipec
Chapter 5. Europeanization of US Chemical Policy?
Abstract
The EU represents for US companies a very important market in the terms of chemicals. In 2014 US chemical export counted for almost $164 billion USD while import in chemicals counted for $183 billion USD. In the terms of export, the most important partner according to percentage share are the remaining two NAFTA countries: Canada (14.62%) and Mexico (9.95%). On the third place is Belgium (7.51%), which is followed by Japan (6.08%) and China (5.9%). However, if we count EU28 as one subject, the share of the EU on the US export is 30.5% (WITS 2015).
Ondřej Filipec
Chapter 6. REACH and the BRIC Countries
Abstract
A very specific group of countries is formed by Brazil, Russia, India and China known collectively as the “BRIC” countries. All four countries are remarkable for their economic growth in the past two decades which made them important international actors. This is valid also for considerable growth in chemical production (especially in China) which accelerated the need for complex chemical regulation and participation on global instruments. However, chemical regulation in BRIC countries is experiencing significant problems (especially in India and Brazil while in lesser degree also in Russia and China) mirroring their domestic problems including lack of administrative, financial or technical capacities. For this reason, except initial interest in Russia, the response to REACH among BRIC countries was limited. This chapter explores chemical regulation in all four countries and where possible the changes into the context of REACH are placed.
Ondřej Filipec
Chapter 7. REACH and the Far East
Abstract
Three of the four BRIC countries are located in Asia. However, there are more significant actors regarding chemicals industry. This chapter explores chemical regulation in Japan, South Korea, Taiwan and Singapore. The previous chapter demonstrated that lack of financial, administrative and human resources as well as technical obstacles with domestic regulation resulted in very weak response to REACH. Countries analyzed in this chapter have significant chemical industry and sufficient resources and expertise to overcome problems related to developing countries. What was the response of Japan, South Korea, Taiwan or Singapore to REACH and to what extent their domestic regulation is comparable to the EU’s REACH?
Ondřej Filipec
Chapter 8. Exotic Dimension of REACH
Abstract
This chapter explores four other Asian countries, noticeably Malaysia, Indonesia, Thailand and Philippines and their relationship with the chemical industry. All countries in the region experienced updates in their chemical regulations. Therefore the question is posed to what extent is their chemical regulation similar and to what degree EU REACH was reflected during domestic reform process?
Ondřej Filipec
Chapter 9. REACH and “the Rest of the World”
Abstract
In previous chapters we have focused on 10 states outside the “European neighborhood” which responded to EU chemical regulation in different ways. However, there are more states affected by REACH which had to act. Some of them are more integrated into international networks and were proactive on the international level from the early beginning (Switzerland, Canada, Australia) while others have similar attitudes like the BRIC countries. In this chapter chemical regulation in some remaining countries will be explored and at which level are they affected by REACH, regardless of their geographic position in order to improve the complete picture about EU chemical regulation on the international level. This chapter deals with the chemical regulation within Canada, Australia, New Zealand and Switzerland including other countries which decided to improve its chemical management.
Ondřej Filipec

Towards Global Regulation?

Frontmatter
Chapter 10. The Implications of REACH
Abstract
There are many implications of REACH, both practical and theoretical. Adoption of REACH in the EU influenced international trade with chemicals and introduced new normative rules and principles on the international level. Thus REACH has normative implications for other countries, especially countries trading with the EU and practical rules for companies within non-EU member states. This normative dimension may be considered a supporting factor of adoption REACH-like regulation in the country trading with the EU. Is there a direct link between the chemical export and reflection of REACH? How can we measure the impact of REACH? In the next section practical implications of REACH are presented and evaluated. In the Sect. 10.2 theoretical implication are considered.
Ondřej Filipec
Backmatter
Metadata
Title
REACH Beyond Borders
Author
Dr. Ondřej Filipec
Copyright Year
2017
Electronic ISBN
978-3-319-54154-9
Print ISBN
978-3-319-54153-2
DOI
https://doi.org/10.1007/978-3-319-54154-9