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European Court of Justice Affirms Legality of National Chemical Registries

This month, the European Court of Justice issued a ruling in Canadian Oil Company Sweden AB and Anders Rantén v Riksåklagaren, which affirmed the right of European Member States to create national product registries for imported chemicals. The Court found that 'neither the wording nor the objectives of the REACH regulation' prevented a Member State's national authorities from requesting this information from a company, but this registration could not be a precondition to taking a product to market. This means products registered with REACH, but not a national authority, could not be illegal in a Member State, however, companies can be subject to 'fines or imprisonment' for non-compliance.

The ruling does not provide any opinion or information specifically on national nanomaterial registrations, however, could be relevant to ongoing discussions on their legality. The full legal judgement and opinion of the court can be found on the ECJ website.

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