BASF Wins Appeal, EPA Tightens PFAS Safer Choice Standards, Chlorpyrifos Pesticide Registrations Cancelled by EPA and More.
For those engaged with EU REACH, you’ll find the recent Board of Appeal decision concerning ECHA’s compliance check on BASF’s registration particularly relevant. The case presents critical insights into the complexities of maintaining compliance within the framework.
ECHA initially issued a draft compliance check decision, indicating that BASF needed to conduct additional studies for its 100-1,000 tonnes per year registration. Interestingly, BASF chose not to respond to this non-binding draft decision but instead opted to downgrade its registration to the 10-100 tonnes per year band—a category where the suggested testing typically isn't required. This raises a pertinent question: Should BASF be obligated to complete these additional studies?
The case evolved with BASF filing an appeal, arguing that ECHA breached its duty to consider each case individually, thus violating BASF’s right to good administration under Article 41 of the Charter of Fundamental Rights of the European Union. The Board of Appeal upheld BASF’s plea, annulling the contested decision to the extent that it required BASF to provide information under REACH Annex IX.
While every registrant's situation may differ, this case underscores the importance of accurately maintaining REACH registration dossiers within the correct tonnage band to avoid unnecessary testing costs.
Does this decision prompt you to reassess your registration portfolio? Now might be the perfect time to ensure your compliance strategies are both efficient and cost-effective.
—?Steven
?? Headlines at a Glance
The Headlines in Focus
?? BASF Wins Appeal on REACH Tonnage Downgrade
BASF successfully appealed an ECHA decision regarding the compliance check of 1,6-dichlorohexane. The ECHA had failed to consider BASF’s legitimate tonnage downgrade, leading to the annulment of certain information requirements. This ruling highlights the need for individualized assessments in REACH compliance checks.
?? EPA Tightens Safer Choice Standards for PFAS Reduction
The EPA’s updated 2024 Safer Choice and Design for the Environment (DfE) standards enhance transparency and safety in product certifications, focusing on reducing harmful chemicals like PFAS. Key changes include more detailed ingredient disclosure, stringent audits, and criteria to encourage the transition to safer alternatives. The updates aim to reduce the environmental impact of cleaning products while promoting safer chemical formulations.
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?? Chlorpyrifos Pesticide Registrations Cancelled by EPA
The EPA has issued a final order cancelling specific chlorpyrifos pesticide registrations and uses, following health risk concerns. This action phases out the use of chlorpyrifos in food production, with strict provisions on the sale and distribution of existing stocks to protect public health and the environment.
?? Famoxadone and Indoxacarb Approval Expiry in Great Britain
The HSE has announced the phased expiry of approvals for famoxadone and indoxacarb, two substances used in plant protection products. This decision follows reviews that identified significant environmental risks, particularly to birds and non-dietary exposure risks, leading to their withdrawal from the market by 2026.
?? Tris(4-Nonylphenyl) Phosphite Assessed as Endocrine Disruptor
ANSES has assessed tris(4-nonylphenyl, branched) phosphite as an environmental endocrine disruptor under REACH regulations. The substance, widely used in polymers, is now potentially subject to restrictions due to its harmful degradation products, posing long-term risks to ecosystems and human health.
?? Stricter Controls on Lead Acid Batteries with POPs
The Environment Agency has issued updated guidance for managing waste lead acid batteries containing persistent organic pollutants (POPs). Businesses must now classify these batteries as hazardous waste and follow strict disposal methods, ensuring the destruction of POPs to minimize environmental harm.
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