In a landmark decision, the European Court of Justice (ECJ) has significantly strengthened the right of consumers to obtain information about dangerous substances in articles. The court ruled that manufacturers’ obligations to inform their customers and consumers if more than 0.1 percent by mass of a substance with properties of very high concern is present in an article, also apply when the article is incorporated into a more complex product. Federal Environment Minister Barbara Hendricks welcomed the decision of the ECJ as an important victory for consumer protection. (Case C-106/14)
Germany, along with France, Sweden, Denmark, Austria, Belgium and Norway, held the position that this concentration limit applies to each component of a complex product that represents an article. Thus, the information about the pollutant in the bike handle must be communicated through the entire supply chain from the manufacturer of the handle to the buyer of the bike as appropriate.
Federal Environment Minister Barbara Hendricks made the following statement: "In its judgment, the ECJ has clearly supported the goals of EU chemicals policy, the protection of human health and the environment. At the same time, the judgment contributes to the smooth functioning of the internal market. Transparency about the presence of substances of very high concern in the supply chain improves the opportunities for companies to avoid these substances in their products and also creates market incentives for the necessary changes."
Background
Transparency about high-concern substances, which can also be found in everyday products such as textiles, toys and household appliances, is an important objective of the EU Regulation concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), in which the documentation and approval of chemicals is regulated. The Federal Chemicals Office has released information for affected economic operators including many practical examples to clarify how even suppliers of particularly complex composite products can meet their information obligations. On the homepage of the helpdesk, both the brief information document "Once an Article - Always an Article" and the brochure REACH INFO No. 6 concerning articles can be found (German and English).
On the basis of the REACH Regulation, consumers can ask suppliers whether products contain these substances of concern. Through a website, the UBA has simplified the process for all stakeholders. All that is required is the product code and the contact details of the inquirer. Distributors, manufacturers and importers have to provide information for free within 45 days as to which substances on the candidate list are contained in a product - independent of a potential purchase.