Opinion of the Advocate General — ECLI:EU:C:2009:142
Date: 2009-03-10
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Research and technological development;Public health;REACH
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 1. Approximation of laws – Regulation, evaluation, authorisation and restriction of chemicals – REACH Regulation (European Parliament and Council Directive 1907/2006, Arts 2(9), 3(5) and (6), and 6(1) to (3)) 2. Approximation of laws – Regulation, evaluation, authorisation and restriction of chemicals – REACH Regulation (European Parliament and Council Regulation No 1907/2006, Art. 6(3)) 1. The concept of ‘monomer substances’ in Article 6(3) of Regulation No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) relates only to reacted monomers which are integrated in polymers. Article 6 of that regulation sets out a general principle of registration, irrespective of whether substances are manufactured or imported. According to Article 6(1) and (2) unreacted monomers must be registered inasmuch as they constitute, under Article 3(6) of that regulation, substances on their own. By contrast, polymers are, in accordance with Article 2(9) of that regulation, excluded from the registration obligation. Therefore, since, first, in accordance with Article 3(5), polymers are composed of monomer units, second, a monomer is a ‘substance’ when it is in an unreacted form, and third, according to Article 6(3) that registration concerns monomer substances or any other substances which are constituents of polymers, it follows that registration concerns only reacted monomer substances. (see paras 20-21, 23-24, 27, 30-31, operative part 1) 2. The main purpose of the obligation to register laid down in Article 6(3) of Regulation No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals is to ensure a high level of protection of human health and the environment. As regards an area in which the Community legislature has a broad discretion, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate. The obligation to register reacted monomers in polymers, first, serves to improve information for the public and professionals down the supply chain as to the risks and consequently is a means of enhancing the protection of human health and the environment, and second, prevents distortions of competition and thereby guarantees fair competition within the Community, since that obligation is imposed on Community manufacturers as well as manufacturers not established in the Community and on importers, which must follow an identical procedure whether the products are manufactured in the Community or outside it. It follows that the burden is not heavier for manufacturers not established in the Community or importers than it is for Community manufacturers. Therefore, that obligation is an appropriate means by which to realise the objective of the regulation and does not go beyond what is necessary to attain them and Article 6(3) of that regulation is not invalid on the ground that it infringes the principle of proportionality. Article 6(3) is not invalid on the ground that that principle of equal treatment has been infringed. First, the obligation to register is identical for Community manufacturers and for importers. Second, reacted monomer substances in polymers manufactured or imported into the Community are in a comparable situation since they are interchangeable or identical. Third, Community manufacturers and importers are in a different situation as the former have knowledge of their products, whereas the latter are dependent on the provision of information by suppliers outside Community territory, nevertheless, the identical treatment required in those different situations is objectively justified by compliance with the competition rules applicable in the internal market. If importers of reacted monomer substances were to be treated differently from manufacturers of those same substances within the Community, the former would be treated more favourably than the latter. (see paras 42, 45, 49, 56, 58, 63, 67, 72, 75-80, operative part 2)