The GoodBye Chain Group

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.

If this opinion becomes law, then articles 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 if the opinion is adopted any grace period to comply may not apply.

Dissenting opinions are held by France, Austria, Belgium, Denmark, Germany, and Sweden. Even if the dissenting opinion does not become law, Norway has adopted the once and article always an article interpretation, so if you sell into Norway and your article has any article within it that has SVHCs over .1% of the article weight, then Communication and Notification requirements may apply.