Případová studie nařízení REACH: formování a vyhodnocení regulace EU

The aim of this thesis is to evaluate how the public and private interest is being promoted in regulation at the level of EU institutions and whether the regulation really leads to the realization of the public interest. The work is based on a thorough analysis of a case study of Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH). The REACH Regulation established a new regime for chemicals, which was not comparable before 2007. The creation of REACH has been accompanied by a major clash between public and private stakeholders. The REACH Regulation is therefore an excellent topic for research of EU legislation. The case study method makes it possible to examine closely the context of the case, thus revealing the individual links and pitfalls in the given area.To analyse individual hypotheses, methods that provide the best results are used. Firstly, the ratio between public and private interest in REACH is assessed using the Pelzman microeconomic model and by analysing the text of REACH. Secondly, the impact of REACH on market development is assessed using an estimated econometric time series model that allows the regulation's impact on market development to be determined. Thirdly, a comprehensive REACH impact assessment between 2007 and 2018 is applied through a methodology for periodic regulatory assessment. It monitors the impact of the regulation on eleven core areas, which provide the key elements for possible amending of the REACH.The results of the work suggest that in the case of REACH, the form of regulation is much closer to the private interest of chemical companies than to the public's interest. However, this does not reduce the protection of human health and the environment in EU. Furthermore, it is found that the turnover decreased by only 1.04% in the period from 2010 to 2014. Reduction of market turnover can be considered as mild. The impact of REACH is, however, relatively negative on the smallest category of companies (up to 10 employees). However, these businesses account for only a small share of total market turnover, and their potential exit from the market will probably not lead to a negative impact on the chemical sector. The very comprehensive analysis of the impact of the REACH Regulation shows that the Regulation fulfils its objectives properly in 73% of the eleven monitored areas. Thus, REACH promotes the protection of human health and the environment in the EU.The author's benefits in this work include improving the understanding of how EU regulation is shaped by the successful enforcement of the public interest. The estimated models can determine the extent of this success. These models could be applied in other cases of regulation analysis. In addition, a comprehensive evaluation of the REACH Regulation has been carried out, which has not yet been implemented by other entities over the period of eleven years since the adoption of REACH.