Coloured Chemicals BV Appeals ECHA's Decision: A-011-2023 Under Article 20(2) of REACH Regulation

The European Chemicals Agency (ECHA) has announced an appeal case, designated as A-011-2023, initiated by Coloured Chemicals BV from the Netherlands. The appeal concerns a decision made by ECHA under Article 20(2) of the REACH Regulation (Registration, Evaluation, Authorisation and Restriction of Chemicals).

Coloured Chemicals BV submitted a registration for the substance  ethyl methyl carbonate  on June 8, 2023. After a completeness check by ECHA, the initial registration was deemed incomplete due to invalid adaptations. ECHA requested further information, leading to the resubmission of the registration with modified adaptations. However, on July 11, 2023, ECHA adopted the Contested Decision rejecting the registration, citing incompleteness in relation to Section 9.5.1. of Annex X (long-term toxicity to sediment organisms).

Coloured Chemicals BV is seeking reconsideration of the Contested Decision by the Board of Appeal and a refund of the registration fee.

The Appellant argues that ECHA violated Article 20(2) in several respects. Firstly, they contend that in the context of a completeness check, ECHA should not assess the quality or adequacy of any data or justifications submitted. The Appellant asserts that rejection based on the adequacy of adaptations is not within the scope of a completeness check.

Secondly, Coloured Chemicals BV argues that the quality and adequacy of data and justifications should be evaluated during the compliance check process rather than the registration process.

Thirdly, the Appellant asserts that ECHA overlooked the fact that their justifications were based on the same data provided earlier by other registrants for the substance.

This announcement was published on November 6, 2023, in accordance with Article 6(6) of Commission Regulation (EC) No 771/2008. The relevant regulations mentioned in the note are Commission Regulation (EC) No 771/2008 and Regulation (EC) No 1907/2006.