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Interim Relief in Case of Inclusion of a Substance on the REACH Candidate List

Published online by Cambridge University Press:  20 January 2017

Lucas Bergkamp  and
Nicolas Herbatschek
Nicolas Herbatschek
Affiliation:
Hunton & Williams, Brussels, Belgium
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Abstract

The manufacturer of a substance that is used safely and, in more than 99.9% of cases, used as an intermediate (and thereforeis exempted from the authorisation procedure) is deemed to have no legal grounds for claiming the suspension of the inclusion of that substance in the Candidate List for lack of urgency. Its mere inclusion should not automatically result in any significant damages to the manufacturer, neither should the Candidate List serve as a regulatory blacklist (official headnote).

Type
Case Notes
Information
European Journal of Risk Regulation , Volume 1 , Issue 2 , June 2010 , pp. 179 - 182
Copyright
Copyright © Cambridge University Press 2010

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References

** Editorial Hint: Article 2(8) and 59 of Regulation 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), last amended by Regulation 552/2009, OJ L – 396, of 30.12.1996, pp. 1–849.

1 From the decision, it seems that acrylamide is used as isolated intermediate.

2 Candidate List available on the Internet at <http://echa.europa.eu/chem_data/authorisation_process/candidate_list_table_en.asp>.

3 See <http://echa.europa.eu/doc/authorisation/annex_xiv_rec/annex_xiv_subst_inclusion.pdf>.

4 “Suspend the operation of the contested decision pursuant to Article 105(2) of the Rules of Procedure of the Court, pending the ruling on the application for interim measures; in any event, suspend the operation of the contested decision with effect from the date on which it was adopted; grant any other interim measures as appropriate.”

5 There are also exemptions available from the authorisation requirement.