ECHA’s Board of Appeal: refusal to grant access to data held by other companies is void if applicant’s right to be heard has not been respected
The Board of Appeal of the European Chemicals Agency (ECHA) has made a decision in case A-006-2019, annulling the decision adopted by the ECHA on 11 February 2019 (by which an application for access to data held by another company was rejected) because the appellant’s right to be heard was not respected.
The case concerns the appeal brought by the Belgian company Sharda Europe B.V.B.A. against the decision by the ECHA that the appellant had not made every effort to reach an agreement with another company, BASF Agro BV (based in the Netherlands and Switzerland), to access the data and cost-sharing held by the latter in respect of the active substance alpha-cypermethrin. Therefore, ECHA rejected the appellant’s application for permi