A decision taken by the European Chemicals Agency (ECHA) to grant an individual a REACH registration has been annulled by ECHA’s Board of Appeal on the basis that it breaches several “cornerstones” of the REACH Regulation, including Data Sharing and the “one substance, one registration” principle.
On 15 March 2016, the Board of Appeal of ECHA issued its Decision on Case A-022-2013. This related to an Appeal lodged by the Lead Registrant of a Substance because ECHA had granted a registration to an individual for the same Substance, outside of the existing joint submission. The Lead Registrant argued that the individual’s dossier ignored Data Sharing under REACH, and ECHA’s decision to grant the registration gave the individual an unfair market advantage.
ECHA’s Board of Appeal has upheld the Appeal, which means the Case has been remitted for further examination.
Case A-022-2013 is significant as it underlines that potential registrants cannot expect to “cut corners” and save costs by submitting an individual registration dossier when there is already a joint submission for the same Substance. The Decision also places scrutiny on ECHA’s completeness check procedures when granting registrations as the individual’s dossier in this case was deficient and should not have been granted.