EU REACH and the “Once an Article, Always an Article” Rule: A Landmark Decision by the European Court of Justice

What is the EU REACH Once an Article, Always an Article rule? Regarding chemical safety in products, few regulations are as comprehensive and influential as the European Union’s REACH Regulation. REACH is short for Registration, Evaluation, Authorisation, and Restriction of Chemicals. Introduced in 2007, REACH has become a global benchmark for ensuring that chemical products sold in the EU are safe for human health and the environment.

The ECJ ruling Once an Article, Always an Article

But REACH is not just about chemicals in their raw form. It also governs the presence of certain hazardous substances in articles. Articles are finished objects or components of objects. One of the most pivotal clarifications in the history of REACH came on September 10th, 2015. Indeed, on that day, the European Court of Justice (ECJ, now CJEU) issued a judgment that fundamentally shaped how companies must assess their products for compliance.

What Was the Confusion?

Before the 2015 ruling, there was a long-standing debate among EU Member States and industry stakeholders about interpreting the term “article” under EU REACH when dealing with complex products. These complex articles are products composed of multiple parts or sub-articles.

The confusion centered around:

Whether companies had to check each component (such as screws, wires, casings) for the presence of Substances of Very High Concern (SVHCs) above the 0.1% weight threshold, or
Whether this threshold applies only to the entire assembled product.

For example, if you manufacture a refrigerator that contains multiple electronic components, does every component need to comply with the SVHC threshold, or can you assess the refrigerator as a whole?

Before 2015, many national authorities and companies took the latter approach, assessing SVHC concentration only at the final product level.

The European Court of Justice Steps In

In response to a request for a preliminary ruling from the French Conseil d’État, the ECJ had to clarify the interpretation. The case was based on a legal dispute involving the French environmental organization NGO, which challenged the French government’s interpretation of REACH. Indeed, the NGO claimed the government failed to protect consumers by not requiring SVHC disclosures for individual components.

In its landmark ruling (Case C-106/14), the ECJ sided with the European Chemicals Agency (ECHA). As a result, ECJ ruled that each component or sub-article of a complex product must be assessed individually for the 0.1% SVHC threshold.

This means that once something qualifies as an article, it remains an article, even if it is incorporated into a more complex object.

Hence, the shorthand Once an Article, Always an Article.

What does the Once an Article, Always an Article Rule Mean for Companies?

The implications of the ECJ’s 2015 ruling are significant, especially for manufacturers, importers, and distributors of complex products, such as electronics, automotive parts, medical devices, and household appliances.

Here are a few key takeaways:

Component-Level Analysis Required
Companies must evaluate each sub-article in a complex product to determine whether SVHCs are present above 0.1% by weight.
Obligation to Inform Customers, via the SCIP database
Under REACH Article 33, companies must inform recipients and consumers if an SVHC is present in any article above the threshold, even if the component is embedded deep within a final product.
Data Gathering from Suppliers
To comply, companies must trace their supply chain more thoroughly and collect chemical composition data for every component.
Higher Administrative Burden
This ruling has increased the compliance workload for businesses. For companies with global supply chains, especially those sourcing components from outside the EU, meeting these requirements can be challenging.

Practical Example for Applying 'Once an Article, Always an Article' to Your Designs

Imagine you’re assembling laptops and sourcing keyboards, batteries, and displays from various suppliers. Under the rule:

If the battery contains lead above 0.1% w/w in one of its cells, and lead is on the SVHC list, you must inform your customers about this—even if the battery is just one of many parts in the laptop.
It doesn’t matter whether the lead concentration in the whole laptop is lower than 0.1%. The key is that it exceeds 0.1% in the battery cell—which is itself considered an article.

Looking Ahead

This ruling has had a ripple effect beyond the EU. Many international companies selling into the European market have had to restructure their compliance systems to reflect component-level scrutiny. It has also influenced similar regulations in other jurisdictions, further emphasizing the need for transparency in global supply chains.

Moreover, with REACH’s SVHC list updated twice a year and ECHA’s enforcement activities increasing, businesses must remain agile. Staying compliant now means having a robust system in place to track chemical substances not just in products, but deep within their components.

Final Thoughts about Once an Article, Always an Article

This important rule may have added complexity to product compliance under REACH. However, it also strengthens the protection of human health and the environment. It holds companies accountable for the full lifecycle of their products—right down to the smallest screw or circuit.

For manufacturers and suppliers, this means more diligence, better communication with upstream vendors, and a proactive approach to chemical transparency.

And for consumers? It means greater confidence in the safety of the products they use every day.

Are you still having EU REACH compliance questions? Contact an Enviropass expert!