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General Court Releases Ruling on European Candidate Listing of Acrylamide

December 17, 2015

EUROPEAN UNION - The European General Court has released its ruling, rejecting arguments expressed by acrylamide suppliers that the substance should not be a substance of very high concern (SVHC) since it is used as an intermediate only.

The case was filed by Polyelectrolyte Producers Group GEIE (PPG) and SNF SAS in response to the European Chemicals Agency’s (ECHA) adoption of a decision to add the said substance to the candidate list back in 2010.

The General Court has ruled in favor of the agency, stating the following, among others:

  • The exemption for intermediates [REACH Article 2(8)] is for the exclusion of intermediate uses of a substance rather than the exclusion of the substance itself.
  • “In case the substance is not used with the aim of manufacturing another substance, but the main reason behind the chemical process is to obtain a function other than the creation of a new substance, the use is not an intermediate use, but rather an end use of the substance,” which supports Appendix 4 of the agency’s guidance on intermediates as to what constitutes an intermediate use.