Apr. 29 EU: The Board of Appeal annuls an ECHA decision

This press release is brought to you by the ECHA.

The Board of Appeal adopts its first final decision on an appeal against an ECHA decision taken following a compliance check under the dossier evaluation procedure. In case A-005-2011, the Board of Appeal annuls an ECHA decision requiring testing on vertebrate animals and remits the case to ECHA for re-examination.

Following several exchanges of information between the parties and interveners as well as an oral hearing, the Board of Appeal has granted the Appellant’s request to annul an ECHA decision requiring it to carry out a 90-day repeated dose toxicity study in the rabbit by inhalation on the substance 2,3,3,3-tetrafluoropropene.

The Board of Appeal found that ECHA’s decision breached Article 25(1) of the REACH Regulation requiring testing on vertebrate animals only to be undertaken as a last resort, and the requirement to ensure that the minimum number of animals would be used if testing on vertebrate animals is required.

For the full press release and more information please refer to the ECHA link above.