A Scoping Review of the legal and regulatory framework for dangerous substances at International, European and National level

Abstract

This paper explores the aspects of the legal framework for dangerous substances applied nationally in Greece, combined with the corresponding laws in Europe and internationally, considering the progress made through the years. The paper will be divided into four parts, according to the four core regulations enacted and refer to the classification of dangerous substances and their impact on humans, accidents’ prevention due to dangerous substances, their transportation, and the environmental impact of accidents also due to dangerous substances.

The first part refers to the REACH and CLP framework, its specifications, where it can apply, and how European countries have adopted the requirements in their national legislation. REACH is named after the initials of “Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals”, which was applied for EU members on 1st June 2007. In the second part of the paper, analyzed the SEVESO III directive, indicating the necessity of applying to even more complicated cases.

The significance of transportation of dangerous substances will also be described in the third part where the regulations ADR (road transport), RID (rail transport), and ADN (inland waterways) have been issued and governed international carriage of such substances.

In the fourth part, the incorporation of Directive 2004/35/EC (ELD) will be addressed regarding the environmental impact of accidents caused by dangerous substances. An analysis will explicitly define the terms that this directive and its progress up to now can establish a way of jurisdiction regarding environmental law and the corresponding national legal framework will be presented.

Furthermore, the analysis of the legal framework indicates the significance of the enforcement of the provisions of its regarding dangerous substances and how this affects all kinds of procedures and ensures that all existing regulations conduct a more safe and environmentally friendly operation. Moreover, it is essential to identify the difficulties of the establishment of a generic framework for different countries within the European Community and how this frame should be updated to comprehend new members’ features.