The Definition of Intermediates within REACH

Dies beleuchtet der folgende Beitrag anhand von ausgewählten Beispielen. The article analyses the definition of intermediates under the REACH Regulation from a legal standpoint. In May 2010, ECHA published the document “Definition of intermediates as agreed by Commission, Member States and ECHA on 4 May 2010” which shall contain a clarification of the definition of intermediates and shall explain the obligations under REACH in respect of intermediates2. The article will discuss the approach and conclusions of ECHA. After a glance at the legal background (cf. I.), a first analysis of Article 3(15) of the REACH Regulation which contains the definition of intermediates is provided (cf. II.). Then, by looking at selected cases (cf. III.), the interpretation of ECHA (cf. IV.) will be discussed in detail (cf. V.). Finally, the results are summarized (cf. VI.). The REACH Regulation (EC) No. 1907/2006 established a new legal framework for chemical substances. The idea behind REACH is to regulate the risks resulting from chemical substances which may affect the environment and/or the health of humans if they are exposed to chemicals as consumers or workers. To fulfill those aims of REACH, i.e. the protection of the environment and human health, REACH establishes a scheme for the assessment and management of risks resulting from chemical substances, by laying down provisions on substances on their own, in mixtures or in articles. The scheme of REACH to regulate the risks resulting from substances rests on four pillars: registration, evaluation, authorization and restriction.