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HomeGuidance on requirements for substances in articles
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This guidance document is part of a series of guidance documents that are aimed at helping stakeholders prepare for fulfilling their obligations under the REACH Regulation. These documents cover detailed guidance on a range of essential REACH processes as well as for some specific scientific and/or technical methods that industry or authorities need to make use of under REACH. The first version of this guidance document was drafted and discussed within a REACH Implementation Project (RIP) led by the European Commission services, involving all stakeholders: Member States, industry and non-governmental organisations. When needed, the European Chemicals Agency (ECHA) updates this and other guidance documents following the Consultation procedure on guidance. These guidance documents can be obtained via the website of ECHA. The judgement of the European Court of Justice of 10 September 2015 in case C-106/14 clarified the scope of the notification and communication obligations under Articles 7(2) and 33 of REACH, which also apply to articles that are present in complex products (i.e. products made up of more than one article) as long as these articles keep a special shape, surface or design and do not become waste. According to the Court's judgement: 1. Article 7(2) of the REACH Regulation must be interpreted as meaning that, for the purposes of application of that provision, it is for the producer to determine whether a Candidate List substance of very high concern, is present in a concentration above 0.1% weight by weight of any article it produces and, for the importer of a product made up of more than one article, to determine for each article whether such a substance is present in a concentration above 0.1% weight by weight of that article. 2. Article 33 of the REACH Regulation must be interpreted as meaning that, for the purposes of application of that provision, it is for the supplier of a product one or more constituent articles of which contain(s) a Candidate List substance of very high concern in a concentration above 0.1% weight by weight of that article, 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. Following the judgement, ECHA initiated a fast-track update procedure and published an updated Version 3.0 of this guidance document in December 2015, correcting the key parts of the guidance that were no longer consistent with the conclusions of the court's judgement, and in particular removing examples. The present Version 4.0 is a more comprehensive update of the guidance, following a normal three-step guidance consultation process, including a consultation of the Partner Expert Group (PEG) selected from ECHA's accredited stakeholders. This version aims primarily at aligning further the text of the guidance and introducing new examples that are consistent with the conclusions of the Court judgement.
- Veröffentlicht am:
- Korporative(r) Verfasser: European Chemicals Agency (Einrichtung und Agentur der EU)
- Themen: Gesundheitswesen , Chemische Industrie
- Thema: Benutzerhandbuch , Chemie , chemisches Erzeugnis , Gefahrstoff , Verwaltungsformalität , Volksgesundheit , wissenschaftliche Forschung
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| ISSN | ISBN 978-92-9020-000-0 | DOI 10.2823/470616 | Katalognummer ED-02-17-733-EN-N |
- Released on EU publications website:
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