The Board of Appeal - Role & Responsibilities

The Agency decisions taken under the REACH Regulation against which an appeal may be introduced can concern:

  • Exemptions from the general obligation to register for product and process orientated research and development;
  • Rejections of registrations;
  • Data sharing;
  • Examination of testing proposals;
  • Compliance check of registrations;
  • Substance evaluation.

The Agency decisions taken under the Biocidal Products Regulation (BPR) against which an appeal may be introduced can concern:

  • Applications for approval (and renewal of approval) of an active substance;
  • Applications for union authorisation (and renewal of authorisation) of a biocidal product;
  • Assessment of the technical equivalence of active substances;
  • Data sharing.

Any natural or legal person may appeal against a decision addressed to that person. Any natural or legal person may also appeal against a decision that is of direct and individual concern to them, even though the decision is addressed to another person.

Appeals have to be lodged within three months of the notification of the decision to the person concerned. If the appellant is not the addressee of the decision, the appeal has to be lodged within three months of the day on which the decision became known to the appellant.

An appeal fee must be paid pursuant to either the REACH Fee Regulation (Regulation (EC) No 340/2008 as amended by Regulation (EU) 2015/864) or the BPR Fee Regulation.

The Board of Appeal may exercise any power which lies within the competence of the Agency or remit the case to the competent body of the Agency for further action.

Decisions of the Board of Appeal can be appealed before the General Court (General Court of the European Union).

Final decisions of the Board of Appeal, as well as certain procedural decisions (e.g. decisions on confidentiality claims and on applications to intervene), are published on-line.

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