ECHA's Decision on Confidentiality Request | Appeal Case A-009-2023

The Board of Appeal of the European Chemicals Agency (ECHA) has issued a decision regarding a request for confidential treatment of certain information in appeal case A-009-2023. The appeal was filed by Vevy Europe S.p.A., an Italian company, against a decision made by ECHA on 18 April 2023 concerning a compliance check of the registration for the substance C10-C16-(linear and branched)-alkyl esters of salicylic acid.

In the decision, the Chairman ruled on the confidentiality request made by the appellant. The appellant requested that specific information not be disclosed in the public versions of the appeal announcement and any decisions of the Board of Appeal. The information in question included the Notice of Appeal, documents attached to the Notice of Appeal (such as the registration dossier and study details), the name and composition of the substance, and the appellant's identity as the registrant of the substance.

The Chairman's decision outlined several key points:

1. The identity of the appellant cannot be kept confidential, as it must be included in the public announcement of the appeal.
2. The name of the substance ('C10-C16-(linear and branched)-alkyl esters of salicylic acid') and its EC number ('950-068-9') will be included in the public announcement, as they do not reveal the composition of the substance.
3. The details of the studies performed on the substance were not deemed necessary for the public announcement at this stage.
4. The decision did not address whether the Notice of Appeal and attached documents should be kept confidential from potential interveners or third parties.

The case highlights the complex considerations involved in maintaining transparency while protecting sensitive information in the realm of chemical regulations.