REACh Regulation: Stricter Registration Requirements

To date, a threshold value of 0.1% weight by weight (w/w) as laid down in Article 7, Paragraph 2 and Article 33 of the REACh Regulation has been applied to end products. With immediate effect this value is now to apply to all the constituent products of a given end product. With this, the ECJ bases its appraisal on the original principle of “once an article – always an article”. In other words: According to the ECJ judgement (C 106/14), Articles 7(2) and 33 of the Regulation are to be interpreted such that where a product is made up of more than one article the relevance of each article in terms of SVHCs is to be determined irrespective of whether it is part of or will become part of another product. For instance, where previously a whole printed circuit board was regarded as being an article in its own right, now the Regulation is to be applied to its components individually, i.e. to parts that can easily be detached from the main product. In the opinion of the FBDi (Fachverband der Bauelemente Distribution e.V. - Professional Association of Component Distribution), the judgement means that the obligation for manufacturers and importers to the EU to provide information has increased considerably in scope. For there are currently 163 SVHCs that must be reported according to Article 33 of the REACh Regulation.