Clarifications from the Court of Justice of the EU on the identification of “substances of very high concern” under REACH

The briefing outlines how the Court of Justice of the EU has consistently upheld ECHA's decisions regarding the identification of substances of very high concern (SVHC) under Article 57 of the REACH Regulation. It emphasizes that SVHC identification is based on intrinsic hazardous properties rather than substance use, and that ECHA possesses broad discretion in evaluating evidence, including the use of non-guideline studies and the assessment of 'equivalent level of concern'.

• The identification of a substance as a substance of very high concern (SVHC) is based exclusively on its intrinsic hazardous properties, not on how the substance is used. While ECHA may exercise discretion to consider other data when interpreting 'concern' under Article 57(f), it is not required to do so.
• Substances used as isolated intermediates, whether on-site or transported, are not exempt from the SVHC identification procedure. This ensures that information sharing obligations within the supply chain and with consumers are maintained.

APA

ClientEarth (2020). Clarifications from the Court of Justice of the EU on the identification of “substances of very high concern” under REACH. https://www.clientearth.org/media/poobcmyz/clarifications-from-the-court-of-justice-of-the-eu-on-the-identification-of-substances-of-very-high-concern-under-reach-ce-en.pdf

Chicago

ClientEarth. Clarifications from the Court of Justice of the EU on the identification of “substances of very high concern” under REACH. 2020. https://www.clientearth.org/media/poobcmyz/clarifications-from-the-court-of-justice-of-the-eu-on-the-identification-of-substances-of-very-high-concern-under-reach-ce-en.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Clarifications from the Court of Justice of the EU on the identification of “substances of very high concern” under REACH |date=February 2020 |url=https://www.clientearth.org/media/poobcmyz/clarifications-from-the-court-of-justice-of-the-eu-on-the-identification-of-substances-of-very-high-concern-under-reach-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2020clarifications, author = {{ClientEarth}}, title = {{Clarifications from the Court of Justice of the EU on the identification of “substances of very high concern” under REACH}}, institution = {ClientEarth}, year = {2020}, month = feb, url = {https://www.clientearth.org/media/poobcmyz/clarifications-from-the-court-of-justice-of-the-eu-on-the-identification-of-substances-of-very-high-concern-under-reach-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }