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November 24, 2014

European Companies Appeal ECHA Titanium Dioxide Decision

Lynn L. Bergeson

The European Chemicals Agency (ECHA) published on November 3, 2014, an announcement of appeal of a June 17, 2014, contested decision following a compliance check of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) registration submitted by Tioxide Europe Limited for titanium dioxide.  In the contested decision, ECHA requested Tioxide Europe Limited submit the following information:  name or other identifier of the substance; composition of the substance; and description of the analytical methods used.  The appellants request that the Board of Appeal annul the contested decision in so far as it requests the submission of information related to phases, nanoforms, and surface treated nanoforms as described in the contested decision.  According to the appellants, the information related to the identification of titanium dioxide currently included in the registration dossier complies fully with the REACH requirements, taking into account the available guidance documents, and in particular the ECHA guidance for identification and naming of substances under REACH and the regulation on classification, labeling, and packaging of substances and mixtures.