The Queen, on the application of: S.P.C.M. SA, C.H. Erbslöh KG, Lake Chemicals and Minerals Ltd, Hercules Inc. v. Secretary of State for the Environment, Food and Rural Affairs.

Country/Territory: European Union, United Kingdom
Type of court: International court
Date: Jul 7, 2009
Source: UNEP, InforMEA

Court name: European Court of Justice
Seat of court: Luxembourg
Judge: V. Skouris, V.
Tizzano, A.
Klucka, J.
Lõhmus, J.J.
Kasel, J.
Kokott., J.
Timmermans, C.W.A.
Rosas, A.
Lenaerts, K.
Ileič, M.
Cunha Rodrigues, J.N.
Silva de Lapuerta, R.
Küris, P.
Malenovský, J.
Reference number: C-558/07
Language: English
Subject: Waste & hazardous substances, Environment gen.
Keyword: Food quality control/food safety Ecological production/organic production Fertilizers/nutrients Food additives

Abstract: This reference for a preliminary ruling concerns the interpretation and validity of certain provisions of the REACH Regulation. In light of the fact that the registration requirements in Title II of the REACH Regulation do not apply to polymers,the England & Wales, Queens Bench Division Administrative Court, sought clarification of the concept of ‘monomer substance, as used in article 6(3) of the REACH Regulation. The referring Court asked whether ‘monomer substances were to mean ‘reacted monomers, namely monomers which have reacted together in such away that they are bound in the polymers of which they are components, ‘unreacted monomers which are residual to the polymerisation process and which retain their own chemical identities and properties separate from the polymer after that process is complete, or both ‘reacted and ‘unreacted monomers. The ECJ concluded that the concept of ‘monomer substances in article 6(3) of the REACH Regulation relates only to ‘reacted monomers which are incorporated in polymers and that the obligation to register ‘reacted monomers is an appropriate means by which to realise the objectives of the REACH Regulation.
Full text: S.P.C.M. SA C.H. Erbslöh KG Lake Chemicals and Minerals Ltd Hercules Inc. v Secretary of State for the Environment.pdf
Website: curia.europa.eu

References

Cites

Regulation (EC) No. 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No. 793/93 and Commission Regulation (EC) No. 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.

Legislation | European Union | 2006 (2023)

Keyword: Hazardous substances, Registration, Authorization/permit, Precautionary principle, Basic legislation, Institution, Access-to-information, Environmental fees/charges, Internal trade, International trade, Classification/declassification, Data collection/reporting, Inventory, Packaging/labelling, Protection of environment, Public health, Risk assessment/management

Source: FAO, FAOLEX