Order of the Court (Eighth Chamber) of 22 May 2014 — Bilbaína de Alquitranes and Others v ECHA

(Case C‑287/13 P)

‛Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1907/2006 (REACH) — Article 59 and Annex XIII — Identification of pitch, coal tar, high temperature as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment’

1. Approximation of laws — Registration, evaluation, authorisation and restriction of chemicals — REACH Regulation — Substances of very high concern — Identification procedure — Discretion of the authorities of the European Union — Scope — Judicial review — Limits (European Parliament and Council Regulation No 1907/2006, Arts 57 and 59) (see paras 19, 20)

2. Approximation of laws — Registration, evaluation, authorisation and restriction of chemicals — REACH Regulation — Substances of very high concern — Identification procedure — Substances with persistent, bioaccumulative and toxic properties or very persistent and very bioaccumulative properties — Classification on the basis of the properties of the constituents — Lawfulness — Application of a concentration threshold for the purposes of classification — Lawfulness (European Parliament and Council Regulation No 1907/2006, Art. 1(1), 3(1) and 59(2) and (3), and Annexes XIII and XV) (see paras 32-37)

3. Approximation of laws — Registration, evaluation, authorisation and restriction of chemicals — REACH Regulation — Substances of very high concern — Identification procedure — Substances with persistent, bioaccumulative and toxic properties or very persistent and very bioaccumulative properties — Classification on the basis of the properties of the constituents — No obligation to carry out a separate procedure with regard to the constituents (European Parliament and Council Regulation No 1907/2006, Arts 57(d) and (e), and 59 and Annex XIII) (see para. 43)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 7 March 2013 in Case T‑93/10 Bilbaína de Alquitranes and Others v ECHA, by which that court dismissed an action seeking the annulment in part of Decision ED/68/2009 of the European Chemicals Agency (ECHA), identifying pitch, coal tar, high temperature; pitch (No EINECS 266-028-2) (No CAS 65996 93 2) as a substance which satisfies the criteria for inclusion on the list of substances requiring authorisation, in accordance with 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 2006 L 396, p. 1).

Operative part:

1. Dismisses the appeal.

2. Orders Bilbaína de Alquitranes SA, Cindu Chemicals BV, Deza a.s., Industrial Química del Nalón SA, Koppers Denmark A/S, Koppers UK Ltd, Rütgers Germany GmbH, Rütgers Belgium NV and Rütgers Poland sp. z o.o. to pay the costs.

Order of the Court (Eighth Chamber) of 22 May 2014 — Bilbaína de Alquitranes and Others v ECHA

(Case C‑287/13 P)

‛Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1907/2006 (REACH) — Article 59 and Annex XIII — Identification of pitch, coal tar, high temperature as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment’

1. Approximation of laws — Registration, evaluation, authorisation and restriction of chemicals — REACH Regulation — Substances of very high concern — Identification procedure — Discretion of the authorities of the European Union — Scope — Judicial review — Limits (European Parliament and Council Regulation No 1907/2006, Arts 57 and 59) (see paras 19, 20)

2. Approximation of laws — Registration, evaluation, authorisation and restriction of chemicals — REACH Regulation — Substances of very high concern — Identification procedure — Substances with persistent, bioaccumulative and toxic properties or very persistent and very bioaccumulative properties — Classification on the basis of the properties of the constituents — Lawfulness — Application of a concentration threshold for the purposes of classification — Lawfulness (European Parliament and Council Regulation No 1907/2006, Art. 1(1), 3(1) and 59(2) and (3), and Annexes XIII and XV) (see paras 32-37)

3. Approximation of laws — Registration, evaluation, authorisation and restriction of chemicals — REACH Regulation — Substances of very high concern — Identification procedure — Substances with persistent, bioaccumulative and toxic properties or very persistent and very bioaccumulative properties — Classification on the basis of the properties of the constituents — No obligation to carry out a separate procedure with regard to the constituents (European Parliament and Council Regulation No 1907/2006, Arts 57(d) and (e), and 59 and Annex XIII) (see para. 43)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 7 March 2013 in Case T‑93/10 Bilbaína de Alquitranes and Others v ECHA, by which that court dismissed an action seeking the annulment in part of Decision ED/68/2009 of the European Chemicals Agency (ECHA), identifying pitch, coal tar, high temperature; pitch (No EINECS 266-028-2) (No CAS 65996 93 2) as a substance which satisfies the criteria for inclusion on the list of substances requiring authorisation, in accordance with 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 2006 L 396, p. 1).

Operative part:

1. Dismisses the appeal.