The Board of Appeal annuls an ECHA decision

The Board of Appeal annuls an ECHA decision

BoA/PR/13/1

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.

Helsinki, 29 April 2013 – 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.

In addition, the Board of Appeal found that ECHA's decision was disproportionate as the appropriateness of, and necessity for, the requested study had not been demonstrated nor was the requested study shown to be the least onerous option to achieve the objectives of the contested decision.