Att byta ut skadliga kemikalier : substitutionsprincipen - en miljörättslig analys

Detta är en avhandling från Department of Law

Sammanfattning: The principle of substitution is, in national and international contexts, regarded as an important instrument when striving towards sustainable development and sustainable handling of chemicals.This thesis deals with the principle as it is formulated in the Swedish Act of Chemical Products. The implementation of this rule of substitution is studied from several aspects. The rule of substitution is interpreted in its context within the chemical legislation, to elucidate what it entails for those who handle chemicals. The means of enforcement, including the implications of administrative procedure, are investigated, as well as the competence of different subjects to activate the rule. Knowledge of risks connected with the handling of chemicals is, and is bound to be, limited. With a thorough analysis of the rule of substitution and the facts available, and through a correct application of the Precautionary Principle, it should in many cases be possible to achieve knowledge that is sufficiently reliable to apply the rule, also with regards to the Rule of Law. It is argued that in the absence of secondary legislation, EC Member States have the competence to set up national ambitions for environmental protection and to apply measures in accordance with that ambition, e.g. a rule of substitution, to a certain extent even if such measures restrict the free movement of goods. The study displays the rule of substitution in the Act of Chemical Products as quite well formulated, but also exposes that the implementation is not sufficient. In the last part of the thesis some issues concerning the possible improvement of the rule of substitution are discussed, with the aim that it will function as a well adapted instrument for the achievement of sustainable development and sustainable handling of chemicals.

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