BASF and Metall-Chemie appeal against ECHA's Decision on the Compliance Check of O,O,O-triphenyl phosphorothioate

BASF Lampertheim GmbH and Metall-Chemie GmbH & Co. KG are appealing a decision made by the European Chemicals Agency (the Agency) on 14 January 2022 on the compliance check of a substance called O,O,O-triphenyl phosphorothioate (EC No 209-909-9; CAS No 597-82-0).

The Agency required the registrants of the substance to submit information on an extended one-generation reproductive toxicity study (EOGRTS) to be performed on rats, by oral route, with certain specifications. These include investigations on learning and memory function as described in paragraph 37 of the OECD TG 426.

The Appellants argue that the Agency breached Section 8.7.3. of Annex IX by requesting this information, which they claim is not necessary to fulfill the standard information requirements under Annex IX. Therefore, they argue that it cannot be required by the Agency under Article 41. They also argue that the Agency breached Article 25 and the principle of proportionality by requiring this information which is not necessary.

They are requesting the Board of Appeal to partially annul the Contested Decision and order the refund of the appeal fees.