News & InsightsNewsletterLegislation Hub

Foresight

Foresight
AboutContactBook DemoLog in
Start free trial
Foresight logo
All News & Insights

European Court Defines Importation and Registration Guidelines under REACH Regulation

REACH
19
April 2024
•
420
Dr Steven Brennan
ECJ clarifies that buyers don't need to register substances under REACH if another EU entity has already taken responsibility and registered it.
Importing on a ship
Quick prompts

AI Generated

Get to the point quicker with prompts - a smarter way to get the information you need from our articles.

Summarise this article

AI Assistant

This feature and much more is available on our platform. If you would like early access, please leave your email and we'll get in touch.

We'll be in touch when the Assistant is ready.
Oops! Something went wrong while submitting the form.
Mountains

‍The European Court of Justice (ECJ) has clarified critical aspects of the REACH Regulation, impacting importers and manufacturers across the European Union. This decision addresses longstanding uncertainties surrounding the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) Regulation (EC) No 1907/2006, a cornerstone EU legislation designed to protect human health and the environment from chemical risks.

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.

Read the source story

‍The European Court of Justice (ECJ) has clarified critical aspects of the REACH Regulation, impacting importers and manufacturers across the European Union. This decision addresses longstanding uncertainties surrounding the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) Regulation (EC) No 1907/2006, a cornerstone EU legislation designed to protect human health and the environment from chemical risks.

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

Read this article now for free!

You have read 3 articles.
Create a free account
or
Log in
to finish reading this article now.

Subscribe to our weekly digest

Sign up to receive our newsletter every Tuesday and get access to all of our content.

By creating an account, you agree to the Terms of Service and Privacy Policy.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
This is some text inside of a div block.

Trusted by professionals at

Dupont
ECHA - European Chemicals Agency
Energizer
Chemours
This is some text inside of a div block.

Get Foresight Today

Stay compliant, reduce risk, and protect your business with our AI-powered chemical policy monitoring—tailored just for you.

Global monitoring of 1,200+ sources
Expert-reviewed, trusted regulatory alerts
Instant risk identification for 350k+ substances

Ready to supercharge your policy monitoring workflow?

We’ll be in touch soon with more details and support to help you get started.
Oops! Something went wrong while submitting the form.
Share with a friend
Copy link

Related Articles

Automotive IndustryECHA Adds Three Hazardous Chemicals to REACH Candidate List, Triggering New Compliance Duties

June 26, 2025

CosmeticsMSC Confirms SVHC Status for Key Siloxanes

June 20, 2025

Defence weaponsEU Proposes to Expand REACH Defence Exemptions to Accelerate Readiness

June 20, 2025

Foresight regulatory experts
Streamline your chemical compliance
Easy-to-use product compliance management for small and mid-sized manufacturers — mitigate risk and protect market access.
Get started
Subscribe to Foresight's newsletter
Stay ahead with the latest news & insights
Join 1,000s of compliance professionals getting the latest insights right to their inbox for free, every Tuesday.
100% free. No spam. Unsubscribe any time.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Stay ahead with the latest news & insights
Subscribe to our free weekly newsletter covering news, events, and expert insights.

Related articles

Automotive Industry

ECHA Adds Three Hazardous Chemicals to REACH Candidate List, Triggering New Compliance Duties

ECHA adds hazardous chemicals to the REACH Candidate List, introducing new legal duties for manufacturers and suppliers across the EU and EEA.

26

Jun 2025

REACH
Cosmetics

MSC Confirms SVHC Status for Key Siloxanes

MSC identifies new SVHCs under REACH, signalling fresh compliance obligations and risk management needs for chemicals professionals.

20

Jun 2025

REACH
Defence weapons

EU Proposes to Expand REACH Defence Exemptions to Accelerate Readiness

The EU proposes expanded REACH defence exemptions to fast-track chemical regulatory processes vital to defence readiness and industry compliance.

20

Jun 2025

REACH
POPs
CLP
Foresight
Providing critical insights, analysis, and guidance to help businesses anticipate changes, make informed decisions, and stay ahead.
News & Insights
Newsletter
Legislation Hub
Coverage
Contact
About
© 2025 Foresight. All rights reserved.
SitemapTerms of servicePrivacy policyCookie policy