Appeal against a testing proposal decision dismissed

ECHA’s Board of Appeal has dismissed an appeal by a company which had proposed fulfilling certain information requirements by way of a read-across adaptation using the results of pending tests on another substance.

In case A-005-2016, the Appellant contested an ECHA testing proposal decision concerning sodium O,O-diethyl dithiophosphate (EC 222-079-2; CAS 3338-24-7). According to that decision, the Appellant was required to provide information on a 90-day sub-chronic toxicity study and a pre-natal developmental toxicity study using the substance. ECHA rejected the Appellant’s read-across proposal according to which the Appellant would have performed the tests on another substance.

The Appellant requested the Board of Appeal to annul the contested decision, arguing that the Agency’s rejection of its read-across proposal breached Section 1.5 of Annex XI to the REACH Regulation. The Appellant also argued that the contested decision should have been adopted under the compliance check procedure rather than the testing proposal procedure. In addition, the Appellant argued that ECHA had breached a number of legal principles and procedural requirements.

The Board of Appeal dismissed the appeal in its entirety. Consequently, the Appellant must provide the information requested in the contested decision by 7 February 2020.

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