Guidance on registration - ECHA - Europa

<strong>Guidance</strong> on registration
Version 2.0 May 2012 93
8 Appeal procedures
Where a registrant or potential registrant disagrees with certain decisions issued by ECHA, he
can appeal against the decision to ECHA’s Board of Appeal.
An appeal may be brought against ECHA’s decisions in the following cases:
1) PPORD exemptions
a. - decision of ECHA to impose additional conditions on the exemption to ensure
that the substance is handled and disposed of in a controlled way and is not
made available to the public (Article 9(4));
b. - decision of ECHA on the extension of the exemption period (Article 9(7)).
2) Completeness check - decision of ECHA to reject a registration if the registrant failed
to complete his registration within the deadline set by ECHA (Article 20(2)) (see
section 10.4).
3) Data sharing
a. - decision of ECHA to give permission to a potential registrant of a non phase-in
substance to refer to the information submitted by a previous registrant in his
registration dossier (Article 27(6));
b. - decision of ECHA on data sharing for phase-in substances (Article 30 (3)).
4) Evaluation - decision of ECHA requesting the submission of additional information
under the evaluation procedures (Articles 51 (3), 51(6) and 52(2)).
An appeal has suspensive effect. All appeals must contain a statement of the grounds on which
the appeal is based.
Any natural or legal person may appeal against a decision addressed to that person, or against
a decision which although addressed to another person is of direct and individual concern to
the person making the appeal.
The appeal must be filed in writing to ECHA within three months of the notification of the
decision to the person concerned, or in the absence of notification, within three months of the
day on which the decision became known to him. For fees on the appeal, please consult
Commission Regulation (EC) No 340/2008 of 16 April 2008 on the fees and charges payable to
the European Chemicals Agency.
If, after consultation with the Chairman of the Board of Appeal, the Executive Director of ECHA
considers the appeal to be admissible and well founded he may rectify the decision within 30
days of the appeal being filed. Otherwise the Chairman of the Board of Appeal examines if the
appeal is admissible within 30 days of the appeal being filed. If yes, he remits the appeal to
the Board of Appeal for examination of the grounds. The Board of Appeal may exercise any
power which lies within the competence of ECHA or remit the case to the competent body of
ECHA for further action.
If the party concerned still disagrees with the result, an action may be brought before the
General Court or the Court of Justice contesting the decision taken by the Board of Appeal.
Similarly, where no right of appeal lies before the Board, action against an ECHA decision may
be brought before the General Court or the Court of justice.
Legal references: Article 90, Article 91, Article 92, Article 93 and Article 94
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