Overview
Darren Abrahams, Indiana de Seze, and Gyongyi David, all in the firm’s Brussels office, have authored an article titled “Biocides and the Board of Appeal: A First Assessment” as part of a regular column for Chemical Watch’s Biocides Hub. The April 27 article examines the fourth pending cases under the Biocidal Products Regulation (BPR) before ECHA’s Board of Appeal (BoA), all of which address data sharing, and identifies the main issues of concern for companies involved in data sharing negotiations and ECHA’s position on certain matters of principle. While the BoA’s decisions will continue to play an important role in many data sharing negotiations, the authors advise companies to consider other venues for recourse to fill the gaps in the BPR - given the narrow list of area where the BoA can act under the BPR - such as the Court of Justice, national courts, or the European Ombudsman.
