# C_2008051EN.01003602.xml

| 23.2.2008 | EN | Official Journal of the European Union | C 51/36 |
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23.2.2008

EN

Official Journal of the European Union

C 51/36

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Reference for a preliminary ruling from the High Court of Justice (Queen's Bench Division) Administrative Court (United Kingdom) made on 17 December 2007 — The Queen on the application of S.P.C.M. SA, C.H. Erbslöh KG, Lake Chemicals and Minerals Limited, Hercules Incorporated v Secretary of State for Environment, Food and Rural Affairs

(Case C-558/07)

(2008/C 51/60)

Language of the case: English

Referring court

High Court of Justice (Queen's Bench Division) Administrative Court

Parties to the main proceedings

Applicants: S.P.C.M. SA, C.H. Erbslöh KG, Lake Chemicals and Minerals Limited, Hercules Incorporated

Applicants:

Defendant: Secretary of State for Environment, Food and Rural Affairs

Defendant:

Questions referred

| 1. | In light of the fact that the registration requirements in Title II of the REACH Regulation (1) do not apply to polymers by virtue of Article 2(9) of the Regulation, does the reference to ‘monomer substances’ in Article 6(3) mean:






  (a) | reacted monomers, that is monomers which have reacted together such that they are indissociable from the polymer of which they form part; |
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1.

In light of the fact that the registration requirements in Title II of the REACH Regulation (1) do not apply to polymers by virtue of Article 2(9) of the Regulation, does the reference to ‘monomer substances’ in Article 6(3) mean:

1

‘monomer substances’

(a)

reacted monomers, that is monomers which have reacted together such that they are indissociable from the polymer of which they form part;

| (b) | unreacted monomers, that is monomers that 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 |
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(b)

unreacted monomers, that is monomers that 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

| (c) | both reacted and unreacted monomers? |
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(c)

both reacted and unreacted monomers?

| 2. | If the answer to question 1 is either (a) or (c), is the application of Article 6(3) to manufacturers or importers of polymers unlawful by reason that the requirements are irrational, discriminatory or disproportionate? |
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2.

If the answer to question 1 is either (a) or (c), is the application of Article 6(3) to manufacturers or importers of polymers unlawful by reason that the requirements are irrational, discriminatory or disproportionate?

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(1)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 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 (OJ L 396, p. 1)

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