CHEMICALS : ECHA FOUND TO INFRINGE PRINCIPLE OF GOOD ADMINISTRATION.
The Board of Appeal of the European Chemicals Agency (ECHA) annulled, on 25 September, in accordance with the competences granted to it(1), a decision by the agency because it failed to appropriately consider the interests of the company concerned when partially rectifying an earlier decision contested by the company (Case A-007-2012).
The case pits the Italian cement manufacturer Italcementi Fabbriche Riunite Cemento SpA, based in Bergamo, against the ECHA. After a compliance check under the dossier evaluation procedure, the ECHA issued a final decision requiring Italcementi to submit additional information relative to the identity of the registered substance, flue dust from Portland cement (name, composition and detailed description of the industrial process). To justify its decision, the ECHA pointed out that the composition of this dust varies depending on the raw materials and processes used. During the appeal procedure, the ECHA's executive director partially rectified the contested decision by extending the deadline for the appellant to submit the information from two to three months.
The Board of Appeal nevertheless held that in this particular case the company had in practice had only three days to comply with the rectified version of the disputed decision once it had been notified. The agency "omitted to appropriately consider the appellant's rights and interests," ruled the Board of Appeal, concluding that this constitutes "an infringement of the principle of good administration". It consequently remitted the case to the ECHA for re-evaluation.
(1) By Article 27 of Commission Regulation EC 771/2008 laying down the rules of organisation and procedure of the board
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|Date:||Oct 11, 2013|
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