Judgment_paragraph 9 · Public.Resource.Org, Inc. and Right to Know CLG v European Commission (C-588/21 P)

9Entry 27 of the table set out in Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1, and corrigendum OJ 2007 L 136, p. 3), as amended by Commission Regulation (EC) No 552/2009 of 22 June 2009 (‘Regulation No 1907/2006’), provides in respect of the conditions of restrictions of nickel:1. Shall not be used:(a) in any post assemblies which are inserted into pierced ears and other pierced parts of the human body unless the rate of nickel release from such post assemblies is less than 0.2 [microgram(μg)]/cm²/week (migration limit);(b) in articles intended to come into direct and prolonged contact with the skin such as:– earrings,– necklaces, bracelets and chains, anklets, finger rings,– wrist-watch cases, watch straps and tighteners,– rivet buttons, tighteners, rivets, zippers and metal marks, when these are used in garments,if the rate of nickel release from the parts of these articles coming into direct and prolonged contact with the skin is greater than 0.5 μg/cm²/week.(c) in articles referred to in point (b) where these have a non-nickel coating unless such coating is sufficient to ensure that the rate of nickel release from those parts of such articles coming into direct and prolonged contact with the skin will not exceed 0.5 μg/cm²/week for a period of at least two years of normal use of the article.2. Articles which are the subject of paragraph 1 shall not be placed on the market unless they conform to the requirements set out in that paragraph.3. The standards adopted by [CEN] shall be used as the test methods for demonstrating the conformity of articles to paragraphs 1 and 2.’