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Bona AB

Country/Territory
Sweden
Type of court
National - higher court
Date
Jan 22, 2009
Source
UNEP, InforMEA
Court name
Miljööverdomstolen
Seat of court
Stockholm
Reference number
M5741-07
Language
Swedish
Subject
Waste & hazardous substances
Abstract

A company, Bona AB, applied for an extended permit for their operations in Malmö. The company manufactured products for the maintenance of wooden floors, and thus required a permit to utilise certain chemicals. The conditions for the management of these chemicals were a key issue in the case and the argumentation was based on the precautionary principle.

The most debated condition was one prescribing that the company must not utilise chemicals when there is not sufficient information on the risks for nuisance for health and the environment. The condition moreover referred to Article 31 of the Reach Directive for an account of what information was required. A similar condition had previously been used in a case before the Environmental Court of Appeal, NJA 2006 s. 310.

The Swedish Environmental Protection Agency, one of the opponents in the case, meant that this condition was too vague and imprecise.  It especially meant that the reference to the Reach Directive did not sufficiently clarify what information was required in order to utilise a certain chemical in the production.

The Environmental Court of Appeal stated that the requirement for a user of chemicals to provide information through safety data sheets makes sure the user acquires the necessary information. The Environmental Court of Appeal also reiterated that corresponding provisions directed at providers of chemicals had been seen as sufficiently precise to cause criminal liability. Therefore, the Environmental Court of Appeal concluded, it would be sufficiently precise as a condition for a user of chemicals.

Full text
M5741-07.pdf