REACH Decision of EJC : “Once an Article, always an Article”

The European Court of Justice (ECJ) has published the long expected judgment on the decision regarding the threshold of 0,1 % of Substances of Very High Concern (SVHC) according to EU REACH Regulation on September 10, 2015. Article 33 of EU REACH Regulation No 1907/2006, as amended, must be interpreted as follows: The supplier of a product which consists of one or more constituent articles which contain a substance of very high concern identified in accordance with REACH Article 59(1) in a concentration above 0.1% weight by weight of that article, has to inform the recipient and, on request, the consumer, of the presence of that substance by providing them, as a minimum, with the name of the substance in question. The threshold of 0,1 % is no longer calculated on basis of the whole article (former ECHA interpretation), but of each single constituent article the product consists of. Suppliers of articles now have to review their compliance system (communication, data management etc.) with respect to the additional information requirements according to REACH Article 33. 1cc supports companies with handling of SVHC communication as well as further requirements according to the obligations ruled by REACH.