Competition Law - State Aid
- Competition law is to be paid attention in all activities of companies and compliance is needed on a daily basis. To help companies involved in REACH Cefic published Guidance on Competition Compliance for REACH activities (including DO & DON’T), and Legal Guidance on Compliance. On the other hand, competition rules should allow legitimate activities to take place such as R&D involving competitors and should not be used to erode Intellectual Property Rights beyond what corresponds to the application of Articles 101 & 102 of the Treaty (ex 81 & 82).

- State Aid is another issue of interest for companies based in the EU. Markets should not distorted by aid contrary to the EC Treaty, but applicable rules need to be flexible enough to accommodate Climate Change/ETS new challenges, and allow companies to be helped especially in the context of the current economic situation.

EU Law Developments
Damage Claims and Collective Redress
Cefic appreciates the action of the Commission to help Consumers to get redress for damages (e.g. the Mediation Directive and Small Claims Regulation). Alternative Dispute Resolution is also very important in Europe but proposals should not change radically national judicial systems and impose concepts which are foreign to most of the them, and importing litigation culture in the EU – Cefic Comments on the Green Paper on Consumer Collective Redress .
 

Environmental Law 
The correct interpretation and implementation of the main principles and instruments underpinning EU policy and law is one of Cefic’s top priorities, in particular in the field of Environmental law. Therefore, Cefic follows with attention several key dossiers such as environmental liability, criminal sanctions and access to documents.
 

Intellectual Property -- Patents-CBI & Data Protection
Patents and CBI/Data Protection/Trade Secret play a key role in supporting the chemical industry to bring new products and processes to consumers. If the Intellectual Property (IP) systems would not exist, the conversion of new ideas into useful products and processes would be significantly inhibited, including for Climate Change and Technology Transfer.

Systems for legal protection of IP can and must be improved in Europe as mentioned in Cefic IP Manifesto which sets out the chemical industry's priorities for IP in Europe over the next decade. At the moment there is a general downside to IP issues, i.e. the persistent lack of real IP policy at EU level, partly caused by the fragmented approach to handling IP at the Commission.

Cefic also pays attention in enforcement of IP rights and the fight against counterfeiting.

Legal REACH
The REACH Legislation, in force since June 2007, is one of the most complex acts applicable to the chemical sector. It is not only technical but creates a number of legal issues. Important questions have arisen especially the question of legal certainty for the industry:

• Given a significant number of inconsistencies in provisions of this Regulation it is essential to harmonise the interpretation of the legal aspects of REACH.
• Allocation of responsibilities and liabilities between actors in REACH. Clarifying the respective obligations of actors in the SIEF and in the supply chain and address questions in respect of their liability.
• Legal remedies in REACH. Identifying the possibilities for companies to challenge the various decisions taken under REACH by the Commission, ECHA and the Member States Competent and Enforcement Authorities.

In that regard, Cefic issues guidances to support companies in implementing REACH, enhance harmonisation and facilitate as much as possible the process of compliance with REACH legislation. In particular, Cefic has delivered a model SIEF agreement between all SIEF members, a model cooperation agreement between SIEF Lead Members and a model data sharing agreement with data owners (more documents on REACH legal documents).

Partnership activity of is a collaborative platform for smaller national associations representing the chemical industry. It carries out training programmes on selected issues (e.g. REACH, etc.), and provides for the exchange of information and experiences between Cefic, large and small federations at European and regional level.