Board of Appeal decision in an appeal concerning the registration requirements for nanoforms published

ECHA/NI/17/04

Helsinki 2 March 2017 - The Board of Appeal has published its decision in Case A-011-2014 which concerns a dossier evaluation for titanium dioxide. The dossier evaluation conducted by the Agency considered the substance identity information required only and not the information requirements for human health and environmental effects. The Contested Decision required the lead registrant, one of the nine Appellants, to provide detailed substance identity information on the crystal phases, nanoforms and surface treatment of nanoforms covered by its registration.

The Appellants argued that ECHA does not have the power to request the detailed substance identity information at issue. In its decision, the Board of Appeal first examined the information requirements applicable to substances which are defined by registrants as including both the bulk form and nanoforms. The Board of Appeal then examined the interpretation of the substance identity information requirements in Section 2 of Annex VI to the REACH Regulation.

The Board of Appeal annulled the Contested Decision.