Justice chancellor finds Tallinn's PVC ban illegal

Last July, the Tallinn City Council banned PVC plastic outdoor ads on city advertising surfaces starting this year. Chancellor of Justice Ülle Madise says the ban is unlawful.
According to the explanatory memorandum, the city sought to protect the environment and public health by banning PVC.
In a letter sent Tuesday, Madise said the ban conflicts with both the Product Conformity Act (TNVS) and European Union (EU) law.
"I share the concern about PVC's environmental impact and commend Tallinn for its efforts to protect the environment and public health. At the same time, such restrictions must be imposed in accordance with the Estonian Constitution, national laws and European Union law, while also observing the procedural rules set for lawmaking," the chancellor wrote.
Madise said that under European Parliament and Council directives as well as the TNVS, banning a material constitutes a technical requirement.
However, the introduction of a new technical requirement is subject to a three-month standstill period under the law, intended to ensure the free movement of goods and services within the EU internal market. The previous city council did not establish such a standstill period.
In addition, Madise found that by imposing material-based restrictions, the city exceeded its authority.
"Under the law, a local government does not have the authority to establish general prohibitions or mandatory requirements concerning the material composition of products. Consequently, the council cannot regulate matters for which it has not been granted authority," she explained.
Madise added that product safety and restrictions on the use of chemicals, including issues related to the use of PVC, largely fall within the regulatory competence of the national and EU levels.
Current City Council Chairman Mihhail Kõlvart said the PVC ban was an initiative of the previous city coalition.
Kõlvart said it was too early to say how the Tallinn City Council would respond to the chancellor's proposal, as city lawyers are still reviewing it.
The city has 20 days following the chancellor's proposal to decide whether to comply.
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Editor: Marcus Turovski









