Board of Appeal News item: Board of Appeal's decision examines the substance identity requirements for a UVCB substance

BoA/NI/14/01

Helsinki, 9 April 2014 – In the case A-001-2013, the appellant requested the annulment of an ECHA decision requiring the submission of additional information on substance identity. The case focused on the information requirements for a UVCB (substance of unknown or variable composition, complex reaction products or biological materials) that consisted of a phenate constituent and a lubricating oil constituent that together formed a colloid. The Board of Appeal decision examines a number of issues. These issues included, firstly, whether the lubricating oil, in this particular case, can be considered to be a stabiliser for registration purposes. Secondly, whether the information required for substance identity purposes in the contested decision was in accordance with the REACH Regulation and in conformity with the relevant ECHA guidance. And, thirdly, whether the Agency, during the decision making process, gave the registrant reasons to expect that registration updates would be taken into account in the final version of the contested decision.

The appeal was rejected.