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

BASF SE, a chemical company based in Germany, has withdrawn its appeal against a decision made by the European Chemicals Agency (ECHA) regarding a testing proposal for the substance o-xylene (EC no 202-422-2; CAS no 95-47-6).

o-Xylene is a chemical compound that is commonly used as a solvent and in the production of various materials and products. Some of the key uses of o-xylene include: solvent, chemical intermediate, adhesives and sealants, printing inks, fragrances and perfumes, laboratory and analytical applications.

The contested decision, which required BASF to provide additional information, was adopted by the ECHA on 9 February 2023 under Article 40 of the REACH Regulation.

However, on 8 June 2023, the ECHA informed the Board of Appeal that the Executive Director had decided to rectify the contested decision by withdrawing it entirely, citing procedural deficiencies in its statement of reasons. Following this rectification, BASF withdrew its appeal on 20 June 2023.

As a result, the Chairman of the Board of Appeal officially closed the proceedings for Case A-006-2023 and announced that the appeal fee would be refunded to BASF in accordance with Article 10(4) of the Fee Regulation.

This decision marks the resolution of the dispute between BASF and the European Chemicals Agency over the testing proposal for o-xylene.