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Journal of Environmental Law Advance Access published online on October 23, 2009
Journal of Environmental Law, doi:10.1093/jel/eqp030
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

First ECJ Ruling on REACH: Choosing Registration over Exemption

Case C-558/07, R (on the application of SPCM SA, CH Erbsloh KG, Lake Chemicals and Minerals Ltd, Hercules Inc.) v Secretary of States for the Environment, Food and Rural Affairs

Jean-Luc Laffineur*

*Jean-Luc Laffineur, registered with the Brussels Bar; Maud Grunchard, registered with the Brussels Bar and Clémentine Leroy, Master 2 (in process), Cabinet d’Avocats Laffineur (http://www.laffineur.com), Rue de Stassart, 131, 1050 Bruxelles, Belgium (jean-luc{at}laffineur.com). Jean-Luc Laffineur is admitted to the Brussels Bar. He is the founder of the Laffineur Law firm. The firm specialises in EU Regulatory and Internal market matters. Jean-Luc Laffineur advises entities on EU regulatory matters, with a particular focus on chemical, pharmaceutical and product safety issues.


  Abstract

On 7 July 2009, the European Court of Justice (ECJ) issued its very first ruling on the REACH Regulation. To date, the REACH Regulation does not yet apply to polymers. Article 6.3 of the REACH Regulation, however, provides that any manufacturer or importer of a polymer must register with the European Chemicals Agency the monomer substances which compose a polymer and that have not already been registered. The ECJ, gathered in Grand Chamber, ruled that Article 6.3 of this Regulation must be interpreted as applying only to reacted monomers, which are integrated into polymers. The ECJ also stated that this Article conforms to EU Law and notably to the general principles of proportionality and of equal treatment. In line with the previous case law on oral tobacco and the gas allowance trading scheme and contrary to the Advocate General’s line of reasoning, the Court refrained from examining whether the legislation was proportionate under a mere scientific ground. The Court rather relied upon arguments based on temporary exceptions to justify the registration of reacted monomers instead of polymers. This ruling confirms the increasing cautious approach the ECJ takes when it is asked to examine the validity of the European Union legislation.

Key Words: REACH regulation • chemicals • monomer substances • proportionality • equal treatment


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