Case C‑651/15 P

Verein zur Wahrung von Einsatz und Nutzung von Chromtrioxid und anderen Chrom-VI-verbindungen in der Oberflächentechnik eV (VECCO) and Others

v

European Commission

(Appeal — Regulation (EC) No 1907/2006 (REACH) — Article 58(2) — Authorisation — Substances of very high concern — Exemption — Regulation amending Annex XIV to Regulation (EC) No 1907/2006 — Inclusion of chromium trioxide in the list of substances subject to authorisation)

Summary — Judgment of the Court (Sixth Chamber), 13 July 2017

In that regard, Article 1(1) of Regulation No 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), states that the purpose of the regulation is to ensure a high level of protection of human health and the environment, including the promotion of alternative methods for assessment of hazards of substances, as well as the free circulation of substances on the internal market while enhancing competitiveness and innovation. To that end, that regulation introduces an integrated system for monitoring chemical substances, including registration, evaluation and authorisation, together with possible restrictions on their use. The REACH Regulation makes substances ‘of very high concern’ subject to careful attention. Those substances are thus subject to the authorisation scheme laid down in Title VII of that regulation which, pursuant to Article 55 of that regulation, is intended to ensure the good functioning of the internal market while assuring that the risks from substances of very high concern are properly controlled and that these substances are progressively replaced by suitable alternative substances or technologies where these are economically and technically viable. The first stage under that authorisation scheme is the procedure for identifying substances of very high concern on the basis of the criteria set out in Article 57 of the REACH Regulation. The second stage is the inclusion of those substances on the list of substances subject to authorisation set out in Annex XIV to that regulation, and the third and final stage concerns the procedure that leads, if appropriate, to the authorisation of a substance of very high concern. (see paras 27-29)

In order to ensure coherence between the authorisation scheme laid down in Title VII of Regulation No 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and other EU legal provisions aimed at protecting human health and the environment from risks arising from the use of chemical substances, Article 58(2) of that regulation allows for the exemption of certain uses or categories of uses from the authorisation requirement provided that, on the basis of the existing specific Community legislation imposing minimum requirements relating to the protection of human health or the environment for the use of the substance, the risk is properly controlled. It is clear from that provision that certain uses or categories of uses of a substance of very high concern may be exempted from the authorisation requirement if two conditions are satisfied. Those conditions require, first, that there be existing specific Community legislation imposing minimum requirements relating to the protection of human health or the environment for the use of the substance and, secondly, that, on the basis of that legislation, the risk be properly controlled. It is also apparent from the clear wording of that provision that those conditions are cumulative, which means that it is sufficient that only one of those conditions is not satisfied for the exemption to have to be refused. (see paras 30, 31)