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ECHA Announces Plan to Update its Guidance on Substances in Articles

October 16, 2015

EUROPEAN UNION - The European Chemicals Agency (ECHA) has announced its plan to update the “Guidance on Requirements for Substances in Articles.” The decision follows a recent judgment, Case C-106/14 by the Court of Justice, clarifying that the notification and communication obligations of operators in relation to articles with substances on the candidate list of substances of very high concern (SVHC), in a concentration above 0.1% by weight.

The press release stated that the update will be composed of two stages, namely:

  • A quick update, in the coming months, correcting the parts referring to the 0.1% limit that are inconsistent with the judgment
    o   Consultation will be restricted to the Competent Authorities for REACH and CLP (CARACAL).
  • A more comprehensive exercise to allow for a general update and re-structuring of the document
    o   This will be subject to the normal three-step guidance consultation process, including consultation of accredited stakeholders.

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