REACH dossier evaluations and SONCs after a recent EU General Court ruling
A recent EU General Court ruling has raised important questions for companies involved in REACH dossier evaluations.
Jean-Philippe Montfort and Thomas Delille, lawyers at Mayer Brown LLP, presented the case and addressed these questions during this webinar.
In brief, the General Court annulled the Statement of Non Compliance (“SONC”) sent by ECHA to the French Competent Authority following a Compliance Check of the registration dossier of a company. In particular, the General Court has ruled that: The effects of the SONC went beyond the mere communication of information from ECHA to the French CA. Such SONC corresponds to a decision that ECHA should have adopted in accordance with the Dossier Evaluation Procedure. If ECHA wishes to make the finding that the registrant’s dossier does not comply with the REACH requirements, it must take a new decision in accordance with the Dossier Evaluation procedure.
This ruling raises crucial questions that Jean-Philippe Montfort and Thomas Delille will seek to address during the webinar, including the following:
- What are the consequences of the ruling on ECHA’s current practice in compliance check dossier evaluations?
- How can this decision be reconciled with ECHA Board of Appeal (BoA)’s rulings in previous dossier evaluation cases?
- How is the enforcement competence in evaluation cases to be shared between ECHA and Member State enforcement authorities?
- What does this mean for ongoing dossier evaluations for which final decision deadlines have not passed? How should registrants react?
- Should companies adapt their compliance strategies? For example, when it comes to updating their registration dossiers, commenting on dossier evaluation draft decisions, providing information upon the issuance of dossier evaluation final decisions, and appealing before the BoA?
Jean-Philippe Montfort, Partner, Mayer Brown
Thomas Delille, Associate, Mayer Brown