Europe’s top court upholds Reach against challenge

07 July 2009 21:02  [Source: ICIS news]

TORONTO (ICIS news)--The European Court of Justice (ECJ) on Tuesday rejected a challenge regarding the registration of monomers under the EU’s Reach regulation and ruled that reacted monomers in polymers must be registered.

In a case referred by a UK court, four polymer suppliers had argued that the words “monomer substance” in article 6 (3) of the regulation did not mean or include reacted monomers and that, therefore, no registration of reacted monomers was required under the regulation.

However, the ECJ found that under the regulation the term related to reacted monomers which were integrated in polymers, thus requiring registration.

“[The] obligation to register reacted monomers in polymers is an appropriate means by which to realise the objectives of the Reach regulation,” the EU's highest court said.

Under Reach, polymers are exempted until those that need to be registered due to health or environmental risks can be selected in a practicable and cost-efficient way on the basis of sound technical and valid scientific criteria.

However, subject to certain weight and volume conditions, manufacturers or importers of polymers must submit a registration to the European Chemicals Agency (ECHA) in Helsinki for monomer substances or any other substances that have not already been registered.

The case was brought by SPCM SA, a French producer of water-soluble polymers; CH Erbloh KG, a German distributor and wholesaler of specialty and industrial chemicals, including polymers; Lake Chemicals and Minerals, a UK-based importer of chemicals, including polymers; and US specialty chemicals producer Hercules, now part of Ashland.

The ECJ’s detailed ruling is available on the court’s website under case number C‑558/07.

To discuss issues facing the chemical industry go to ICIS connect

By: Stefan Baumgarten
+1 713 525 2653

AddThis Social Bookmark Button

For the latest chemical news, data and analysis that directly impacts your business sign up for a free trial to ICIS news - the breaking online news service for the global chemical industry.

Get the facts and analysis behind the headlines from our market leading weekly magazine: sign up to a free trial to ICIS Chemical Business.

Printer Friendly

Get access to breaking chemical news as it happens.
ICIS Global Petrochemical Index (IPEX)
ICIS Global Petrochemical Index (IPEX). Download the free tabular data and a chart of the historical index