When is an ‘essential element’ not essential – a look at CLP & Comitology

The Commission is about to adopt a delegated act to extend the hazard classes under the CLP Regulation.

The Commission contend that the extension of the hazard classes is a scientific and technical issue, and in no way is amending an essential element of the CLP.

The Commission has even published their Legal Assessment for this position. I am not sure that this is a legal assessment from the Commission’s Legal Service.

Of course, it will be interesting to see if the Legal Services from the European Parliament or Council may have a different view.