In Case A-001-2024, the appellant contested a compliance check decision requesting information corresponding to the tonnage band at which the substance was registered prior to a tonnage downgrade made during the compliance check process.
The Board of Appeal reiterated that tonnage downgrades made after receipt of a draft compliance check decision must be taken into account, unless they amount to an abuse of procedure.
In the present case, in considering only the volume data from the calendar year preceding the registrant’s tonnage downgrade, the Agency did not perform the necessary individual assessment of whether there had been such an abuse.
As a result, the Agency breached the appellant’s right to good administration. The contested decision was therefore annulled.