Prof. Lucas Bergkamp

Partner
  • Brussels
    p+32 2 643 58 15
    f+32 2 643 58 22

Lucas’ practice focuses on environment, health and safety, and life sciences, including regulatory, liability and related transactional work.

Trained as a lawyer and medical doctor, Lucas practices at the interface of regulatory law, policy, and science. He has represented multinational enterprises in a variety of environmental, health and safety and life sciences-related matters at compliance and policy levels. He has a broad experience in plant- and product-related environmental law, chemical law, pesticides and biocides, energy law, civil liability, contaminated sites regulation, medicinal products, medical devices, food, biotechnology, health care, and product regulation, including climate change-related policies, energy efficiency, take-back, and packaging and waste regulation. Through decades of experience, he has developed specific knowledge of EU administrative law and procedure.

Lucas counsels on the laws of various European Union Member States, interfaces between national laws and EC law, environmental and product liability, and proposed regulations, market access problems, technical trade barriers, and possible remedies. In addition, Lucas covers regulatory requirements applying in case of accidents, spills, and incidents. He also advises on European pharmaceutical, medical device and health-related laws and policies. He has assisted several medical device companies with issues ranging from CE-marking and conformity assessment to clinical trial agreements and advertising.

Further, Lucas is recognized as a leading regulatory lawyer in many legal directories and by many organizations. He has published numerous articles and written several books on regulatory law, and co-authored books on chemical regulation, environmental liability, civil liability for terrorism-related risk, and EU legislative and regulatory processes. Recently, he authored several articles on climate change litigation and the 2015 Paris Climate Agreement. Lucas was Professor at the Erasmus University Rotterdam, Faculty of Law, for 10 years, and now teaches in the Masters of Energy and Environmental Law Program at Catholic University of Leuven, KUL.

Relevant Experience

  • Advised medical device companies on CE-marking, conformity assessment and certification, labeling, instructions for use, chemical restrictions and regulations, product stewardship and supply chain management, environmental compliance, product recalls, clinical trial agreements, sponsor agreements, distribution agreements, agreements with health care professionals, and related compliance, policy, and liability issues.
  • Advised the LOA REACH Consortium bringing together 50 of the World’s leading petrochemical companies (including ExxonMobil, LUKOIL, Petrobras, BP, Shell, LyondellBasell, INEOS, Total and Chevron ConocoPhilips), on structuring, agreements, competition and tax laws, data- and cost-sharing, registration-related issues, dossier and substance evaluations, testing, and other issues associated with consortium and SIEF management and compliance with the REACH Regulation .
  • Advised on a wide range of strategic and compliance issues arising under the REACH Regulation and other EU chemical legislation, including substance identity and impurities, registration, labeling, informational requirements and safety data sheets, dossier evaluation, substance evaluation, authorization, restriction, and related administrative processes and procedures, from draft ECHA decisions to appeals before the Board of Appeal.
  • Advised major international chemical and medical device manufacturers on strategy and process in connection with proposed EU regulations restricting the use of key chemical products. 
  • Advised international mining companies on development of mining operations in sensitive areas, classification and management of tailings, and related issues.
  • Assisted the electronic industry with monitoring and analyzing existing and proposed European and national regulations that apply to electrical and electronic products, including WEEE, RoHS, eco design, energy efficiency and packaging, waste directives and REACH Regulation.
  • Counseled industry group on implementation of Environmental Liability Directive and assisted with developing guidance and best practices for national authorities.
  • Advised suppliers of equipment for nuclear power plants on nuclear liability and related regulatory issues. Represented multinational corporations in European law and policy making concerning products, focusing on prevention and mitigation of trade barriers.
  • Provided advice on contaminated sites, related investigation and notification requirements, remediation obligations and indemnification.