EU Opinion: “Once an Article, Always an Article”:
On February 12th, 2015, the EU Court Advisor published an opinion regarding the argument by dissenting EU Member States that “once an article, always an article” applies under REACH.
On September 10th, 2015, the European Court of Justice agreed with the EU Advocate General’s February 12th, 2105 opinion that “once and article, always an article” applies under REACH. The judgment means that any article that contains an article within it that has SVHCs over .1% of the article weight may trigger REACH Communication and Notification requirements. What does this interpretation mean? It means that aticles that contain other articles within them with SVHCs over .1% of that article weight may trigger REACH Communication and Notification requirements. Because this “opinion” is not a change in the regulation, but an opinion regarding how it is interpreted, then any grace period to comply may not apply.
If you don’t have a plan to respond to the this new interpretation, or are confused over how it may affect your company, compliance obligations, products, and supply chain, let us know how we can help. GCG’s material and substance software, MDW-ES, generates reports with SVHC ppm both over and under the .1% threshold, and can help you declare REACH compliance for your articles and articles within your articles.