Monomers Under REACH - New Judgment
Green Industries, Vol.44Tzvi Levinson and Gil Dror, Adocates July 2009
The European Court of Justice has rejected a claim by chemicals companies that reacted monomers should be exempt from the EU's REACH chemicals regulation, in line with an advisory opinion issued in March. The lawsuit was filed by four companies arguing that reacted monomers are chemical components of polymers and therefore excluded from the law's scope. The firms also argued that requiring registration for such substances unfairly penalized importers because it is difficult to get the required information from companies outside the EU. The court rejected both claims, saying that the law applies to all monomers in polymers, and that it would not discriminate against importers because the obligation to register the chemicals is "identical" for them and EU manufacturers.