Zur Ausgestaltung eines nationalen Verbots giftiger Chemikalien bei Kunststoffen

In various EU Member States such as Sweden, France and Denmark, national restrictions and bans on chemicals such asmicroplastics, BPA and PFAS have recently been introduced. The background in each case was incomplete regulation at EU level or regulation that is only expected in the future. Based on an overview of the scientific debate, this study presents these approaches and examines their transferability to Germany. In general, this is largely the case; at least provisionalmeasures are possible based on the various EU secondary legislation acts and Articles 114, 193 and 34 TFEU. However, in order to avoid ecologically disadvantageous substance substitutions, possible alternative and equally dangerous (or even more dangerous) substances would have to be co-regulated. In the long term, EU-wide regulations remain more effective, also because otherwise spatial shifting effects are conceivable.

Autor: Dr. Jessica Stubenrauch und Prof. Dr. Dr. Felix Ekardt