BASF SE Withdraws Appeal as European Chemicals Agency Rectifies Decision on o-Xylene Testing Proposal

The European Chemicals Agency (ECHA) has announced the closure of case A-006-2023 following the withdrawal of the appeal by BASF SE from Germany. The appeal was filed in response to a decision made by the Agency on 9 February 2023 under Article 40 of the REACH Regulation. The decision pertained to a testing proposal submitted by BASF SE for the substance o-xylene. The Agency's decision required BASF SE to provide information on various aspects, including an extended one-generation reproductive toxicity study, developmental neurotoxicity investigations, and assessments of learning and memory function. However, on a re-examination of the case, the Executive Director of the Agency found procedural deficiencies in the decision and rectified it by withdrawing it entirely under Article 93(1) of the REACH Regulation. Subsequently, BASF SE withdrew its appeal, leading to the closure of the case. The Chairman of the Board of Appeal confirmed the closure of the case on 21 June 2023.