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ECHA Requires BASF and Metall-Chemie to Conduct Additional Investigations on O,O,O-Triphenyl Phosphorothioate

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The Board of Appeal of the European Chemicals Agency has made a decision regarding the compliance check of the registration for the substance O,O,O-triphenyl phosphorothioate. The case numbers for the joined cases are A-002-2022 and A-003-2022. BASF Lampertheim GmbH and Metall-Chemie GmbH & Co. KG are the appellants in these cases. The contested decision, adopted by the European Chemicals Agency on 14 January 2022, required the appellants to submit information on an extended one-generation reproductive toxicity study (EOGRTS) under Section 8.7.3. of Annex IX. The Board of Appeal assessed the arguments presented by both parties and will make a decision based on the case.

The main issue raised by the appellants is that the Agency exceeded its powers by requiring investigations on learning and memory function as part of the compliance check. The appellants argue that these investigations are not part of the information required under Section 8.7.3. of Annex IX. The Agency, however, maintains that such investigations are necessary for the adequate assessment of hazard identification and risk assessment. The Board of Appeal will consider these arguments and decide on the matter.

The decision of the Board of Appeal will have implications for the requirements placed on the appellants and may impact the future compliance checks conducted by the European Chemicals Agency. The final decision is yet to be announced, and both parties await the outcome.



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