European Court Defines Importation and Registration Guidelines under REACH Regulation

Clarifying the Scope of REACH for Customs Warehousing

The court specifically addressed whether substances in customs warehousing fall under the REACH Regulation. It was determined that the exclusion from REACH applies only to substances that are in temporary storage, free zones, or free warehouses intended for re-exportation, or in transit, and have not undergone any processing. Therefore, substances under customs warehousing procedures are deemed imported upon their physical introduction into the EU and fall within the scope of REACH.

Importation and Registration Responsibilities

A significant portion of the court's decision focused on who is responsible for registering substances under REACH. The case revolved around FOD Volksgezondheid, Veiligheid van de voedselketen & Leefmilieu and Triferto Belgium NV, raising questions about registration obligations when substances are imported into the EU.

The ECJ clarified that a buyer of more than one tonne per year of a substance, which is imported into the EU and falls under REACH, does not have to register the substance if another EU-established entity has assumed responsibility for its importation and has submitted the appropriate registration. This ruling emphasizes that there should be no circumvention of the obligations established by REACH.

Implications for EU Market Participants

This judgement is a critical development for EU importers and manufacturers, providing clarity on their obligations under the REACH Regulation. It highlights the importance of due diligence and collaboration within the supply chain to ensure that all substances imported into the EU are registered in compliance with REACH, ensuring the protection of human health and the environment.

Participants in the EU market are urged to familiarize themselves with the details of the REACH Regulation and to ensure that their operations are fully compliant. For more information and guidance, the European Chemicals Agency (ECHA) offers resources and support for navigating the complexities of the REACH Regulation.

This decision marks a pivotal moment in the ongoing effort to manage chemical risks within the European Union, reinforcing the EU's commitment to environmental protection and public health safety.