New Board of Appeal decision on BPR data sharing
The Board of Appeal has published a decision in Case A-009-2019 on data and cost sharing under the Biocidal Products Regulation (BPR). This decision is the second taken by the Board of Appeal on the same case: a first decision of ECHA, granting permission to refer to certain studies, was annulled by the Board of Appeal.
The case was remitted to ECHA, which issued a second decision again granting the permission to refer. This decision was again contested by the data owner.
The Board of Appeal held that ECHA infringed the data owner’s right to be heard because it did not hear its views before the adoption of the second decision, on the implications of the first decision of the Board of Appeal. The Board of Appeal therefore annulled ECHA's second decision.
The Board of Appeal then adopted its own decision and rejected the prospective applicant’s application for permission to refer for two reasons: first, the prospective applicant failed to make every effort before filing the application for permission to refer; second, the sum paid by the prospective applicant was manifestly unreasonable and, therefore, insufficient to be seen as ‘a share of the costs incurred’ in accordance with Article 63(3) of the BPR.
Decision
Announcement of a new appeal
The Board of Appeal has published an announcement in Case A-009-2020 concerning a compliance check decision.
Announcement
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