The Board of Appeal of the European Chemicals Agency (ECHA) has released a Decision annulling a 2014 Decision requiring additional information on titanium dioxide (TiO2) substance identity as well as a list of phases, forms and surface treatments for sub-pigmentary (i.e. nano) forms.
This decision was first contested in September 2014. The appeal opposed a consortium of titanium dioxide manufacturers to ECHA, supported by the French Ministry of Ecology, Sustainable Development and Energy.
After two and a half years, the ECHA board of appeals has finally closed this procedure in favour of the Appellant, thus annulling the original decision on the following grounds:
- ECHA ‘does not have the power to request information on crystal phases and/or nanoforms’, and,
- Information requested in the definition was unclear; terms such as ‘grades’ or ‘forms’ were not defined.
In 2016, ECHA had intended to rectify the unlawful elements of the original decision. While this action was also contested by the Appellants, the Board of Appeal decided that it did not need to decide on this other case.
Please follow this link to read the full ECHA Board of Appeals decision.
NIA will work with members for a full analysis of the ruling from ECHA, in the short term for dossier content and longer term for ramifications within REACH development.