EU Court Confirms Melamine SVHC Listing Under REACH, Reinforcing Hazard Assessment Approach

SVHC Pathway

Germany submitted a dossier supporting melamine’s classification in August 2022, citing its probable serious effects on human health and the environment. Following consultation and unanimous endorsement by the MSC, ECHA confirmed the classification under Article 57(f) of REACH.

Melamine, widely used in resins, laminates, coatings, and adhesives, is now subject to enhanced regulatory scrutiny. Several affected businesses—among them LAT Nitrogen Piesteritz and Fritz Egger—challenged the decision in court, disputing both the scientific and procedural basis for the classification.

Court Validates Combined Property Assessment

The General Court dismissed these challenges, confirming that REACH allows ECHA to assess SVHC status based on the combined effects of multiple intrinsic properties, rather than requiring each to be independently severe. Properties like environmental persistence and mobility can be evaluated collectively when determining serious potential impacts.

The Court also clarified that REACH guarantees a public consultation rather than a formal hearing during the identification process. Stakeholders can submit comments, but are not entitled to procedural hearings.

Compliance and Risk Management Implications

This decision strengthens the legal and scientific framework for hazard-based regulation of chemicals in the EU. For manufacturers, importers, and downstream users, it underscores the importance of monitoring substance proposals, engaging early in public consultations, and preparing for potential authorisation or restriction measures.

Companies dealing with melamine must now consider supply chain communication, substitution, and potential reformulation to mitigate regulatory and reputational risks.