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European chemicals legislation – while among the most advanced in the world – still needs tools for bringing greater consistency to the substance evaluation processes. This article explores the elements of the ‘essential use’ concept – as proposed by the Montreal Protocol – in the European framework. The Treaty on the Functioning of the European Union provides context to understanding ‘health’, ‘safety’, and ‘functioning of society’ in order to then view how these elements are reflected within Union legislation and case law. In the balancing of EU priorities, examples exist where importance is given through exemptions and derogations to sectors within the categories of health, safety, and societal advancement. This demonstrates the possibility of the concept to help define essentiality and to determine specific uses that may be deemed essential.
European Energy and Environmental Law Review – Kluwer Law International
Published: Mar 1, 2021
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