LS&HC Horizons 2023 - Flipbook - Page 46
Hogan Lovells | 2023 Life Sciences and Health Care Horizons | ESG
46
European Green Deal: legislative proposals of importance
for pharmaceutical producers
Emerging environmental legislation in the
EU could impact producers of pharmaceutical
products. The European Commission
is targeting industrial emissions, and
in particular, pollutants in air and water,
with new initiatives.
In October 2022, the EU Commission proposed
stricter regulations for pollutants in the air,
surface water and groundwater, and for
the treatment of urban wastewater. These
proposals are in line with the zero-pollutant
target of the European Green Deal, seeking to
reduce pollution in the environment by 2050.
According to the EU Commission's proposal
to revise treatment of urban wastewater,
producers of pharmaceuticals and cosmetics
might be requested to pay for the cost of
removing micro-pollutants that originate
from their products and enter wastewater.
Thus, in the sense of a “polluter pays” principle,
a system of producer responsibility targeting
pharmaceutical and personal care products
is proposed to cover the additional treatment
costs for removing micro-pollutants and
incentivize the placing on the EU market of
less harmful products. Furthermore, this shall
be accompanied by a compensation option
for people with health problems due to air
pollution under certain conditions.
Dr. Matthias M. Schweiger
Partner, Munich
Pharmaceutical producers who are in scope
of the Industrial Emissions Directive should
also watch out for revisions proposed by
the Commission in April 2022. Proposed
amendments of Directive 2010/75/EU include
measures seeking to boost effectiveness
and increase the focus on energy, water and
material efficiency and reuse, and promote the
use of safer, less toxic or non-toxic chemicals
in industrial processes. The Commission
further suggests enabling representative
actions for compensation of injury to health
and rules for the burden of proof.
Both initiatives are on-going and could
increase the scope of responsibilities for
pharmaceutical producers.
Nicole Saurin
Counsel, Munich
