Communication is key to chemical safety: ECHA, Cefic and DUCC join forces
The EU chemical industry, together with ECHA, has today taken an important step towards enhancing communication around chemical safety by making a joint statement. It covers the combined efforts of ECHA, the European Chemical Industry Council (Cefic) and the Downstream Users of Chemicals Coordination group (DUCC) to improve communications along the supply chain for the use of chemical products in Europe.
The vacancy notice for the position of ECHA’s Executive Director has been published in the Official Journal of the European Union. Our current Executive Director Geert Dancet’s mandate ends on 31 December 2017. The selection process is organised by the European Commission. The Executive Director will be appointed by the Management Board of ECHA after having made a statement to and answering questions from the European Parliament.
The closing date for applications is 10 November 2016.
New website for consumers – what do you want to know about chemicals?
We are developing a website for consumers about the chemicals you come into contact with in your everyday lives, what impact they can have and how to use them safely. Whether you are a concerned parent, a factory worker or a hairdresser, our new website aims to help you make safer and more informed choices and to let you know about hazardous chemicals that are being identified and phased out in Europe. We invite you to complete a short questionnaire to help us create the kind of website that will be useful for you and your family and friends.
More flexibility for authorisation of biocidal products
The regulation on the authorisation of same biocidal products has been updated to add new possibilities requested by industry. Companies are now able to get a national authorisation when a Union authorisation application exists for an identical product. The regulation will enter into force on 1 November.
Board of Appeal annuls four decisions requesting substance identity information on a ‘nano structured’ substance
In cases A-008-2015, A-009-2015, A-010-2015 and A-011-2015 the Board of Appeal examined, for the first time, appeals against compliance check decisions made by ECHA requesting further substance identity information from four registrants of a ‘nano structured’ substance.
The Board of Appeal found that the Contested Decisions breached the principle of legal certainty as some of the terms used, specifically ‘grades’, ‘forms’ and ‘nanoforms’, were not clearly defined and did not allow the Appellants to clearly ascertain what information they were required to provide in order to comply with the Agency decisions. The Board of Appeal therefore annulled the Contested Decisions. In their appeals the Appellants raised a number of other pleas (e.g. whether ECHA could legally require the Appellants to submit further information to allow for a more detailed identification of the ‘nanoforms’ of the registered substance).
The Board of Appeal considered, however, that since it is not clear from the Contested Decisions what information the Appellants are required to provide it was not possible to decide on the legality of those requests.
Board of Appeal decision published addressing the rejection of a read-across proposal
Decision A-017-2014 of the Board of Appeal (BoA) concerns an ECHA compliance check decision rejecting a read-across proposal for the pre-natal developmental toxicity study (PNDT) endpoint. The Appellant claimed that its read-across proposal was not taken into account by ECHA and that its right to be heard had not been respected. In particular, the Appellant considered that ECHA breached the REACH Regulation in not considering a dossier update made after the draft decision was referred to the Member State competent authorities (MSCAs).
The decision examines the procedural requirements placed on the Agency in the decision-making procedure following a compliance check. It also examines the role of registrants in updating their registration dossiers when a registration dossier is subject to a compliance check.
The BoA found that the Agency complied with the procedural requirements place on it by the REACH Regulation, and in particular by Articles 50 and 51(5). The BoA also found that the Agency acted correctly in its “assessment and rejection of the read-across proposed by the Appellant". The appeal was dismissed.
ECHA publishes information on upcoming public consultation on applications for authorisation
To give third parties as much time as possible to prepare comments for public consultations on applications for authorisation, ECHA has decided to start publishing information about the uses and substances that will be covered in upcoming consultations. The next public consultation for applications for authorisation will start on 9 November 2016 and information about the uses and substances is available from ECHA's website.