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… Maastricht Centre for European Law Master Working Paper 2023/1 Enrico Macciotta On the discretion of EU Institutions in science-based policymaking: the case of nuclear energy in the Complementary Climate Delegated Act to accelerate decarbonisation Maastricht Centrefor European Law i All rights reserved No part of this paper may be reproduced in any form Without the permission of the author(s) The MCEL Master Working Paper series … question, whether it be favourable or unfavourable to the product, has indeed been made available to it. The fact that those rules do not contain any provision to that effect cannot prevent the Commission from obtaining information from a third party where such a course of action is indispensable in order to safeguard public health”. Ibid, par. 73. 104 “That provision implies that the Community institutions must ensure that their decisions are taken in the light of the best scientific information … toxicity’, the reason for which is ‘the deposited particles, but not solutes of [titanium dioxide] molecules’. Furthermore, it is apparent from the RAC Opinion that the development of tumors which was observed in rats was not triggered by the direct contact of titanium dioxide particles with epithelial lung cells, but by the high load of particles in the alveolar macrophages of the lungs and by the resulting significant impairment of particle clearance mechanisms, which led to marked and sustained …

… Maastricht Centre for European Law Master Working Paper 2023/1 Enrico Macciotta On the discretion of EU Institutions in science-based policymaking: the case of nuclear energy in the Complementary Climate Delegated Act to accelerate decarbonisation Maastricht Centrefor European Law i All rights reserved No part of this paper may be reproduced in any form Without the permission of the author(s) The MCEL Master Working Paper series … question, whether it be favourable or unfavourable to the product, has indeed been made available to it. The fact that those rules do not contain any provision to that effect cannot prevent the Commission from obtaining information from a third party where such a course of action is indispensable in order to safeguard public health”. Ibid, par. 73. 104 “That provision implies that the Community institutions must ensure that their decisions are taken in the light of the best scientific information … toxicity’, the reason for which is ‘the deposited particles, but not solutes of [titanium dioxide] molecules’. Furthermore, it is apparent from the RAC Opinion that the development of tumors which was observed in rats was not triggered by the direct contact of titanium dioxide particles with epithelial lung cells, but by the high load of particles in the alveolar macrophages of the lungs and by the resulting significant impairment of particle clearance mechanisms, which led to marked and sustained …