ECHA Board of Appeal decision on case "LANXESS Deutschland GmbH, Schirm GmbH"

Contested Decision - Decision of 26 October 2020 on the substance evaluation of diuron adopted by the European Chemicals Agency (the ‘Agency’) pursuant to Article 46 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (OJ L 396, 30.12.2006, p. 1)

Background to the dispute - The Agency included diuron (EC number 206-354-4; CAS number 330-54-1) in the Community rolling action plan (‘CoRAP’) for substance evaluation in 2014. This was on the basis of an opinion of the Member State Committee and due to initial grounds for concern relating to ‘human health/potential endocrine disruptor, exposure/wide dispersive use, ground and surface water pollutant’. The updated CoRAP including diuron was published on the Agency’s website on 26 March 2014 in accordance with Article 44(2) of the REACH Regulation (all references to Articles and Annexes hereinafter concern the REACH Regulation unless stated otherwise). The Competent Authority of Finland was appointed as the evaluating Member State Competent Authority (the ‘eMSCA’).