Companies lose before the General Court: melamine remains on the REACH candidate list as an SVHC
The General Court confirms: ECHA acted lawfully in including melamine in the candidate list – no procedural errors identified.
The Background
On August 26, 2022, Germany submitted a dossier in accordance with Annex XV of Regulation (EC) No. 1907/2006 (“REACH Regulation“) to the European Chemicals Agency (“ECHA”) to include melamine in the “candidate list of substances of very high concern for authorisation” as a substance of very high concern (“SVHC”) due to its hazardous properties. On September 2, 2022, the ECHA opened a public consultation phase. After its conclusion on October 17, 2022, it forwarded the dossier to the Member State Committee (“MSC”), which unanimously approved it in December. The decision on inclusion was taken on December 16, 2022 and published on January 17, 2023.
The procedure and the decision
Several companies challenged the decision and asked for it to be cancelled, since ECHA took new info into account after the consultation ended without giving the stakeholders a chance to comment. In its judgments of 9 July 2025 (T‑163/23,Egger and Others v ECHA and T‑167/23, LAT Nitrogen Piesteritz and Cornerstone Chemical v ECHA), the General Court dismissed the actions in their entirety.
The grounds
The ECHA’s assessment was coherent, scientifically sound and procedurally flawless.
- Right to be heard (only) in the consultation phase
Article 59 sec. 4 of the REACH Regulation grants market operators the right to submit written comments, but not a comprehensive right to be heard or to participate in MSC meetings. New data may be considered after the consultation if it is based on submissions made during the consultation, even if this data (e.g. a study on laying hens) was only produced after the consultation. - Formalities do not justify protection of legitimate expectations
The ECHA has fulfilled the formal requirements of Annex XV REACH Regulation and the guidelines, although the guidelines for determining the levels of concern and the criteria specified therein are purely indicative. A tabular presentation of risks was not required; there is no entitlement to retain previous formats. - Comprehensive assessment of serious effects based on all available evidence
The ECHA has comprehensively assessed the health risks. In doing so, it relied not only on the harmonised classifications in accordance with Regulation (EC) No. 1272/2008 (“CLP Regulation“), but also on scientific studies on irreversible damage to the urinary tract and reproductive toxicity. Regarding intrinsic properties, the ECHA did not need to re-evaluate the CLP classification. An existing classification is sufficient to justify inclusion in the REACH Candidate List.
The consequences
- Melamine remains on the REACH candidate list
Melamine remains on the candidate list. Suppliers and importers continue to be subject to information and communication obligations along the supply chain and towards authorities. - Preparation for the authorisation procedure
Companies should now examine possible substitution strategies and provide comprehensible justification for essential uses. - Limited participation rights require early monitoring
Influence can only be exerted during the written consultation. Beyond that, there is no right to further participation. Early monitoring of regulatory initiatives therefore remains essential. - ECHA’s extended scope for action confirmed
The ruling strengthens the ECHA in its approach under Article 57(f) of the REACH Regulation, in particular regarding the use of existing classifications under the CLP Regulation and new scientific findings.
Conclusion
The ruling shows that regulatory projects must be monitored at an early stage – otherwise market players will miss the (possibly only) opportunity to represent their interests in the proceedings.
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