## Facts

- French trade associations challenged national guidance applying REACH duties for “substances of very high concern” (SVHCs) in products made of multiple components.
- REACH imposes (i) a notification duty for SVHCs in “articles” above 0.1% w/w (subject to additional tonnage and exemption conditions) and (ii) an information duty to recipients and consumers for SVHCs in “articles” above 0.1% w/w.
- The dispute turned on how to apply the 0.1% w/w threshold when a finished product is composed of multiple components, each potentially qualifying as an “article” under REACH.
- France’s highest administrative court referred questions to the Court of Justice of the European Union for interpretation of REACH Articles 7(2) and 33 in light of the definition of “article” in Article 3(3).
- The referring court sought guidance on whether the threshold is assessed at the level of the complex product as a whole or at the level of each constituent component that meets the definition of “article.”

## Issues

1. Whether, for REACH Articles 7(2) and 33, the 0.1% w/w SVHC threshold is assessed for a complex product as a whole or for each constituent component that qualifies as an “article.”
2. How REACH Article 7(2) allocates SVHC notification responsibilities among producers/assemblers and importers of products comprising multiple articles.
3. Whether REACH Article 33 requires disclosure when any constituent article in a complex product exceeds the 0.1% w/w threshold, even if the assembled product does not.

## Decision

- The Court held that the 0.1% w/w threshold applies to each individual “article” as defined in REACH Article 3(3), including articles incorporated into a complex product.
- The Court rejected any distinction between an article sold on its own and an article incorporated as a component of a larger product; an object that meets the definition remains an “article” unless it loses the shape/surface/design determining its function.
- For Article 7(2), producers must assess SVHC concentration in each article they produce; importers of products made up of multiple articles must assess each constituent article.
- For Article 33, a supplier of a product composed of multiple articles must provide required information where any constituent article contains an SVHC above 0.1% w/w; the minimum disclosure includes the SVHC’s name.

## Legal Principles

- “Article” under REACH depends on the object’s shape, surface, or design determining function more than chemical composition; that status generally persists after incorporation into a complex product.
- REACH Articles 7(2) and 33 apply the 0.1% w/w SVHC threshold at the level of each constituent article, not the finished product as an aggregate.
- Article 7(2) notification obligations track the operator’s role: producers notify based on the articles they produce; importers of multi-article products must evaluate each constituent article they import.
- Article 33 imposes an article-level communication duty: if any constituent article exceeds 0.1% w/w, recipients must be informed and consumers must be informed on request, at least by identifying the SVHC.

## Conclusion

The Court interpreted REACH to require SVHC threshold calculations and related notification and information duties on a constituent-article basis for complex products, ensuring disclosure and reporting are not avoided by averaging SVHC content across the assembled product.


Fédération des entreprises du commerce et de la distribution (FCD) v. Ministry of Ecology, Sustainable Development & Energy, Case C-106/14 (C.J.E.U. 2015)