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Exploring the Interaction Between the ESPR and EU Chemicals Legislation: Regulating Chemicals and the Presence of Substances of Concern in EU Product Legislation

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Abstract The ESPR enables the regulation of both chemicals as a product group and the presence of substances of concern in products. An examination of several key elements of the ESPR demonstrates that regulating chemicals and substances of concern from a sustainable product perspective raises questions regarding the delineation of scope and interaction between the ESPR and EU chemicals legislation. By analyzing these questions, this article identifies a need for greater clarity, coordination and alignment at the interface between the ESPR and EU chemicals legislation, which may be placed within a broader context of the Safe and Sustainable by Design approach and the EU’s ambition of creating a coherent legal framework regulating the life cycle of chemicals, materials and products.

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