SVHC in imported articles: REACH authorization requirement justified under WTO rules.

Schenten, J. & Führ, M., Environ Sci Eur, (2016), V. 28, p. 21-30.

REACH does not regulate SVHC entering the European market as part of imported articles which burden human health and the environment. Moreover, from an economic perspective, domestic articles are subject to stricter requirements than those which are produced abroad, putting actors from within the EEA at competitive disadvantage and thus impeding the intention of REACH to enhance competitiveness and innovation. One option to close this regulatory gap could be to extend the authorization requirement to SVHC present in imported articles. A legal appraisal on behalf of the German Environment Agency (UBA) assesses whether such option would be in accordance with the specifications of WTO world trade law. This paper summarizes the main findings while taking into account first reactions to the legal appraisal.