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P. 64-65 /

European Chemicals Agency
The review of the board of appeal


Member of the Rome and Brussels Bar Association,
Resident Counsel in Brussels for De Berti Jacchia Franchini Forlani

REACH regulation (Regulation EC 1907/2006) represents the main effort of the European Union to modernise the legislation on chemicals, by establishing an integrated system for the registration, evaluation, authorisation and restriction of chemicals. Its objective is twofold: on the one hand the regulation aims at ensuring a high level of protection of the human health and of the environment, on the other hand it reinforces the competitiveness and the capacity of innovation of the European industry.
A regulatory agency, the European Chemicals Agency (ECHA), has been set up in order to manage the multiple and complex requirements introduced by the REACH regulation.
Certain decisions adopted by ECHA may be challenged before the Board of Appeal (“BoA”), a body established by article 76 of the REACH Regulation to “decide on appeals against decisions taken by the Agency”. In addition the BoA is competent to process appeals regarding certain decisions adopted by the Agency in the frame of the Regulation on biocidal products (article 65 of Regulation EC No 528/2012). The composition of the BoA is further detailed under article 89 of the REACH Regulation.

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