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In light of Article 5 of Implementing Regulation 2016/9, the Agency is required to grant a potential registrant permission to refer if, despite the potential registrant’s requests and objections, the previous registrant fails to comply with the requirements for data and cost-sharing to be transparent, fair and non-discriminatory (see paragraph 29 above).
The Intervener failed to comply with the requirements for data and cost-sharing to be non-discriminatory as regards the status of registrants’ affiliates (see Section 1 above).
Link to the ECHA Board of Appeal | Tecnofluid S.r.l. Italy | Reach Regulation | 23 July 2020
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