ECHA plans to update guidance on substances in articles

ECHA decides to update guidance based on the ruling on Case C-106/14 of the European Court of Justice.
 
The judgement clarifies the scope of the notification and communication obligations of operators in relation to articles containing substances included in the candidate list of substances of very high concern in a concentration above 0.1% weight by weight (see Articles 7(2) and Article 33 of the REACH Regulation). According to the ruling these obligations also apply to articles which are present in complex products (i.e., products composed of several articles) as long as these articles keep a special shape, surface or design or as long as they do not become waste.
 
ECHA will update relevant guidance in two phases:
1. A quick update in the coming months to correct parts that inconsistent with the court ruling;
2. Update and re-structuring of the document. It is foreseen to include a review of the current examples against the experience gained and questions received by ECHA since the guidance was published, as well as development of new examples that are fully aligned with the Court judgement.

The move of ECHA has settled the ruling result that the determination of SVHC content should be based on parts not the assembled article if no futher change.

Reminder: Composite test result can not be used for determination of SVHC content and will not be aknowledged either. Companies should double check the obtained test report. It is advisable to reappraise the risk for composite test report to determine whether to test the products again.