In case A-001-2023, the Appellant contested a compliance check decision requesting information corresponding to the tonnage band at which it had initially registered the substance although it had updated its registration to a lower tonnage band after receiving the draft decision.
The Board of Appeal confirmed that tonnage downgrades 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 examining only the production volume in the calendar year preceding the tonnage downgrade, the Agency did not perform the necessary individual assessment of whether there had been such an abuse.
The Agency therefore breached the Appellant’s right to good administration.
The contested decision was annulled insofar as it requested the Appellant to provide information required from registrants at the higher tonnage band.