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“It don’t matter if you’re black or white”

Some call the blacklist approach old fashioned and out-dated. Let’s focus on what you can use instead of what you cannot, they say. Following this train of thought it is tempting to just advocate getting rid of all blacklists and develop whitelists instead. But in fact, you need both, it is not a question of black or white. Let’s try and sort it out.

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REACH could learn a thing or two from other legal frameworks

When applicants in the authorisation process claim there are no safer alternatives for them to use, regulators take their word for it.

But the authorisation process is not the only area of EU law where companies apply for some kind of permit and include a market analysis together with the applications. For example, there is a very similar legal process for companies applying for merger clearance.