ECHA Board of Appeal decision on case "SoftOx Solutions AS, Norway"

Contested Decision: Decision of 13 May 2022 on application for technical equivalence concerning the substance active chlorine released from hypochlorous acid, adopted by the European Chemicals Agency under Article 54(4) of Biocidal Products Regulation1

The Contested Decision was notified to the Appellant under annotation number TAP-D-1571123-32-00/F

Decision

1. On 25 and 26 February 2021, respectively, the European Commission adopted Implementing Regulations (EU) No 2021/3472 and 2021/3653 (the Implementing Regulations), approving active chlorine released from hypochlorous acid (the Active Substance) as an active substance for use in biocidal products of product-types 1, 2, 3, 4 and 5

2. On 9 September 2021, the Appellant submitted an application seeking to establish technical equivalence of its alternative source of the Active Substance with the reference source of the Active Substance as defined in the Implementing Regulations. On 13 May 2022, the Agency adopted the Contested Decision, that rejected the Appellant’s application.

3. On 5 August 2022, the Appellant filed the present appeal seeking the annulment of the Contested Decision.