ECHA Board of Appeal decision on case "Symrise, ADEKA, Evonik, CBW Chemie"

The European Chemicals Agency (ECHA) conducted a compliance check on the registration of the substance octane-1,2-diol in 2021. The Appellants, including ADEKA Europe GmbH and Symrise AG, were required to submit information on an extended one-generation reproductive toxicity study (EOGRTS) under Column 1 of Section 8.7.3. of Annex IX. The Appellants argued that the Agency breached the principle of legal certainty by using vague terms in the Contested Decision. However, the Board of Appeal rejected their plea and confirmed the requirement for an EOGRTS. The Appellants did not dispute the Agency's conclusion that the available information on the Substance triggers the requirement to carry out an EOGRTS under Column 1 of Section 8.7.3

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