EU Litigation and Dispute Resolution
ECHA Board of Appeal
Mr. Navin-Jones’s practice includes advising and assisting on all areas of EU litigation, advocacy and dispute resolution. Mr. Navin-Jones has extensive experience of mounting appeals before the ECHA Board of Appeal (ECHA BOA). This includes acting as legal counsel for the appellants in: A-017-2015 (Dow Corning); A-018-2015 (TPP Registrants); A-012-2014 (Huntsman/BASF); and A-005-2011 (Honeywell). He counselled on the first REACH Substance Evaluation case before the ECHA BOA - establishing the ability to bring so-called collective appeals. He also counselled on the first case to proceed to Oral Hearing before the ECHA BOA.
Mr. Navin-Jones’s experience and expertise spans the full gamut of EU litigious and advocacy fora including lodging and assisting in legal challenges before the EU courts, particularly the General Court. He is currently advising on issues regarding pre-Annex XIV and XVII REACH issues, post Annex XIV REACH and post-Candidate Listing, and related issues. He has received press attention for his efforts in assisting the chemical industry in ensuring that so-called REACH only representatives were able to apply and obtain REACH Authorisation. He advises on authority-facing disputes on issues such as endocrine disrupters, PBT/vPvB characteristics, sensitisation, weight-of-evidence, read-across adaptations, substance identity, etc.
REACH/BPR Data Sharing
For almost a decade, Mr. Navin-Jones has been heavily involved in the establishment of REACH consortia, and the resolution of data disputes concerning REACH and the BPR. Mr. Navin-Jones is currently assisting a number of clients engaged in REACH Data Disputes, acting for Data Owners and Data Seekers respectively.
Persistent Organic Pollutants
Mr. Navin-Jones has advocated against the listing of substances on Annexes A, B or C of the Stockholm Convention on Persistent Organic Pollutants and advised on POPRC administrative procedure and intervention in UNEP POPRC decision-making processes.
EU Regulatory and Environmental Law
Mr. Navin-Jones advises clients on issues regarding compliance with, amongst others:
- Control and regulation of industrial and specialty chemicals law (REACH,
CLP,GHS, EU, Switzerland, Turkey etc);
- Control and regulation of biocides; agricultural pesticides; and fertilisers
(PPPR, BPR, etc);
- Issues regarding POPs, PIC Regulation, Nanomaterials, Endocrine
- Tobacco and vaping products;
- Packaging and labelling.
Mr. Navin Jones also advises on Environmental law including issues regarding:
- Waste: Circular economy and general, electronic, hazardous, packaging
waste (WFD, ROHS, WEEE, etc);
- Pollution and environment (IED/IPPC Directive, ELD, etc);
- Packaging, Energy Labelling, EcoDesign, Food, Food Packaging.
EU Competition and Commercial Law
Competition, Market Access, Enforcement, etc.
Mr. Navin-Jones advises on competition law compliance, market access and obstacles to trade including free movement of goods and services, mutual recognition, trade barriers etc. as concerns Articles 34-36 TFEU, the Goods Package, the Mutual Recognition Regulation. Mr. Navin-Jones advises on agreements and concerted practices within the scope of Article 101 TFEU, Article 102 dominant position issues including special responsibilities regarding impairment of undistorted competition and related issues. As and when enforcement or other action is taken against specific products or entities, Mr. Navin-Jones assists clients in resolving those issues.
Product Safety and Liability
Mr. Navin-Jones advises clients on issues regarding product safety and liability, and legal crisis management including breach-discovery, reporting requirements, corrective action, recalls and recovery. In particular, Mr. Navin-Jones advises on novel and new applications of new and existing chemicals in relation to consumers or vulnerable groups, including:
- e-cigarettes, e-liquids and other vaping products;
- liquid nitrogen and consumer uses (cryogenic applications);
- medical devices;
- toy and childcare products.
A Legal Review of EU Boards of Appeal in Particular the European Chemicals Agency Board of Appeal
Preparing for BREXIT, What companies should be doing now, Chemical Watch, November 2016 https://chemicalwatch.com/51009/preparing-for-brexit
Ein rechtlicher uberblick uber die EU-Beschwerdekammern, insbesondere die Beschwerdekammer fur die Europaische Agentur fur chemische Stoffe
Treated articles under the BPR - A problem solved? Specialty Chemicals Magazine, February 2012
EU Commission Confirms OR Authorisation Role
Tobacco Product Regulation in the European Union, Tobacco Regulation and Compliance: An essential resource, Food and Drug Law Institute (FDLI),December 2011
ECHA disclosure of REACH Authorisation data
Authorisation applications and EU competition law
South Korea issues its version of REACH for consultation
Proposed EU Biocidal Products Regulation
REACH consortia without breaching competition law
REACH consortia formation
Companies rethink the role of importers under REACH
Cited in Doubt over OR role in REACH authorisation
Cited in Commission decision on OR authorisation role expected by October
Presentations at Public Conferences
EU law (excluding the New TPD) relevant to e-cigarettes, e-liquids and vape products, 31 July 2017.
Requirements Under the New TPD for e-cigarettes and e-liquids; E-Vapor Law Symposium: Is Your E-Liquid Ready for FDA, 3 February 2017
BREXIT: Impact on the Chemical Industry; K&H and Chemical Watch Webinar 14 December 2016
The video recording and slides are now available for you to watch online or download:
Watch the video recording online or download the video here or Download the slides here
BREXIT: Impact on the Chemical Industry; Consumer Specialty Products Association; Webinar, 5 December 2016
BREXIT: Impact on the Chemical Industry; TSGE REACH Congress, Dusseldorf, Germany, 8 November 2016
BREXIT: Impact on the Chemical Industry; ChemCon Americas, Toronto, Canada, 18 October 2016
BREXIT: Impact on the Chemical Industry; CEFIC, Brussels, Belgium, 13 October 2016
TSCA Reform for EU Stakeholders; Webinar, 22 September 2016,
BREXIT: Impact on the Chemical Industry; Keller and Heckman Chemical Control, Washington, 13 September 2016
BREXIT: Impact on the Chemical Industry, CIR Summit, Nice France, 7 - 8 September 2016
E-liquids and e-cigarette standards and TPD compliance: Global Forum on Nicotine (GFN), Warsaw, Poland 17-18 June 2016
EU REACH Overview and update: What has been achieved and what is next? International Chromium Development Association (ICDA), Tirana, Albania, 28 April 2016
E-cigarettes, e-liquids and vape products under the New Tobacco Products Directive: Problems and Pitfalls, Webinar, 29 February 2016
Global Silicones Council (SC), EU Message Training Workshop, ECHA Guidance: Adoption procedure and impact, 23 February 2016
The New REACH Data Sharing Regulation, Webinar, December 2015 http://ll4.workcaststr.net/10703/9739608019680871/10703_20151112233550797_UntitledAndrews.mp4 ?
ECHA Appeals: 2015 Round-up and highlights: Focus on REACH Data Sharing; REACH Congress, Dusseldorf, Germany, 25 November 2015
REACH Data Sharing: Disputes, Decisions and the Draft Act, K&H Chemical Control Seminar 2015, Washington DC, 28 October 2015
REACH Data Sharing: The New Regulation on REACH Data Sharing and Joint Submission, CIR (Chemical Industries Regulations), 24 September 2015, Barcelona, Spain
EU Product liability: Near consumer uses, European Industrial Gases Association (EIGA), 28 January 2015
ECHA Board of Appeal: How, when and why to appeal, REACH Congress, 19 November 2014
ECHA Board of Appeal Procedure and Case A-005-2011 (Honeywell vs ECHA), webinar for LARIT, 24 May 2013
Biocidal Products Regulation and Food Contact Materials, Imaging and Printing (I&P) Association Europe e.V., Frankfurt, Germany, 8 May 2013
EU Litigation: ECHA Board of Appeals, Keller and Heckman 20th Anniversary Conference, Brussels, Belgium, 11 October 2012
Impact of Biocidal Products Regulation on Food Contact Materials, Keller and Heckman 20th Anniversary Conference, Brussels, Belgium, 11 October 2012
The Biocidal Product Regulation (BPR): Changes the Regulatory Landscape, Union Authorisation and Mutual Recognition, Webinar, 11 September 2012
Chair of Biocides Working Group, Chemical Industries Regulations, Informa Life Sciences, Barcelona, Spain, 5-6 September 2012
Regulatory Requirements Under BPD/BPR, Cargill Brussels, 9 August 2012
'Substitution' Under EU Chemical Law: A Model for California? Webinar, 28 July 2012
REACH Authorisation: Legal Framework; Webinar, 26 July 2012
International Developments in EU Chemical law: EU BPR and Asia Biocides, Webinar, 19 April 2012
Food Contact: Impact of new EU Biocidal Products Regulation, Webinar, SpecialChem, 29 March 2012
REACH Authorisation and Downstream Users, Goodrich Hazardous Materials Steering Committee, Webinar, 14 February 2012
REACH and the Biocidal Products Regulation for US Companies; Webinar, 23 January 2012
Biocidal Products Regulation: Treated articles and Food contact materials, European Academy of Law (ERA) Food Conference, Trier, Germany, 22 November 2011
REACH Authorisation: From start to finish, US National Association for Surface Finishing, webinar, 10 November 2011
REACH Authorisation: Candidate Listing, Annex XIV Listing and Authorisation Applications, K&H Chemical Advanced Course, Washington DC, USA, 26 October 2011
Biocidal Products Regulation: Treated articles, Food contact materials and Surface biocides, Fresenius, Frankfurt, Germany, 19 October 2011
REACH-like legislation: South Korea, Japan, China, USA, Australia, Canada, Umicore, Hoboken, Belgium, 13 October 2011
REACH Authorisation: Application Process in Practice, Legal and Scientific Challenges, Helsinki, Finland, 17 May 2011
REACH regimes: Turkey and Switzerland, K&H Chemical Advanced Course, Washington DC, USA, 1 November 2010
•May 05, 2017 EPA Issues Proposal for TSCA Chemical Risk Evaluation
•May 05, 2017 EPA Issues TSCA Proposal for Prioritization of Chemicals for Risk Evaluations
•Apr 29, 2014 A Legal Review of EU Boards of Appeal in Particular the European Chemicals Agency Board of Appeal
•Oct 04, 2013 What is California Up To? - The Initial List of Candidate Chemicals is Published
•May 22, 2013 Summary - Chemical Safety Improvement Act of 2013
•Jun 01, 2012 Hazardous Biocides to Be Phased Out Under the New EU Biocidal Products Regulation
•May 31, 2012 New EU Biocidal Products Regulation Changes the Rules for Treated Articles
•Mar 14, 2018 Marcus Navin-Jones to Present Polymer Impurities and Degradation of Products - Current Issues Regarding REACH
•Nov 08, 2017 Marcus Navin-Jones and Devon Hill will attend the 2017 Plastics Industry Association Food Packaging Summit, taking place from November 8 - 10 in Austin, TX
•Feb 02, 2017 Vape Mentors E-Vapor Law Symposium
•Jan 13, 2017 BREXIT: One week remaining for comments on future chemical legislation in the UK
•Jan 05, 2017 Marcus Navin-Jones Quoted in the Chemical Watch Article UK MPs launch inquiry into REACH and Brexit
•Oct 01, 2016 Marcus Navin-Jones Featured as Thought Leader in Lawyer Monthly
•Feb 01, 2012 Associate Marcus Navin-Jones' BPR Article Featured in Speciality Chemicals Magazine
•Jul 31, 2017 Webinar: Going International: Are Your Vapor Products EU Compliant?
•Dec 14, 2016 BREXIT: Impact on the chemical industry
•Sep 22, 2016 Webinar: The New TSCA: A Webinar for EU Companies
•Feb 29, 2016 Webinar: Regulation of E-Vapor Products under the new Tobacco Products Directive in the European Union: Problems and Pitfalls
•Jun 04, 2014 REACH Evaluation Workshop - Is the ECHA Board of Appeal helping or hindering REACH registrants?
•Law Society of England and Wales, admitted as a solicitor, September 2007, admitted as a solicitor-advocate, June 2013
CEDR Accredited Mediator
American Bar Association
Member of the Belgian Centre for Arbitration and Mediation (CEPANI)
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