Following the judgement of the Court of Justice of 10 September 2015 in case C-106/14, the European Chemicals Agency (ECHA) plans to update its guidance. The judgement clarifies the scope of the notification and communication obligations of operators in relation to articles containing substances included in the candidate list of substances of very high concern in a concentration above 0.1% weight by weight (see Articles 7(2) and Article 33 of the REACH Regulation). According to the ruling these obligations also apply to articles which are present in complex products (i.e., products composed of several articles) as long as these articles keep a special shape, surface or design or as long as they do not become waste. ECHA will update the guidance in two stages:
- A quick update in the coming months restricted to correcting the parts with references to the 0.1% limit that are no longer consistent with the conclusions of the Court judgement. This will be carried out using a fast-track procedure – only the competent authorities for REACH and CLP (the CARACAL) will be consulted on the update.
- A more comprehensive exercise to allow for a general update and re-structuring of the document. It is foreseen to include a review of the current examples against the experience gained and questions received by ECHA since the guidance was published, as well as development of new examples that are fully aligned with the Court judgement. This update will be subject to the normal three-step guidance consultation process, including consultation of accredited stakeholders.
Further information is available at:
ECHA, 30 September 2015 ;http://echa.europa.eu ;