The ruling of the Court of Appeal, Criminal Section III, n. 21623/2023, compared a company that receives glue produced in Italy in tanks and transfers it into tubes for sale, to a distributor. Consequently, since distributors have no obligations under the REACH regulation, the company was absolved of all responsibilities. This ruling, although incorrect from a regulatory point of view, sets a legal precedent.
In this regard, the Ministry of Health has issued an interpretative note, reaffirming that, under the REACH regulation, companies that carry out operations involving the transfer of a chemical product from one container to another fall within the definition of downstream users. Repackaging is indeed considered a use of a substance or mixture, and companies that perform such operations must comply with the relevant obligations.
This information is essential for determining companies’ responsibilities in the chemical sector. If you need support in identifying your obligations, please do not hesitate to contact TEAM mastery.
