New ECHA appeal rules 2026: what changes for chemical companies

Key data

Companies operating under the REACH framework that have received—or expect to receive—an unfavourable decision from the ECHA face a new procedural scenario as of 23 July 2026. The Implementing Regulation (EU) 2026/1782 modifies Regulation (EC) No 771/2008, which is the rule governing how the Board of Appeal of the European Chemicals Agency (ECHA) operates internally.

This is not a change in the substance of regulatory decisions, but in the procedural rules of the game: how appeals are filed, what deadlines apply, how boards are composed and what formal requirements must be met for an appeal to be admissible. Ignoring these changes can be costly.

What does this regulation establish?

Regulation (EC) No 771/2008 is the basic rule that organises the functioning of the ECHA Board of Appeal. This board acts as an internal review body before going to European courts, and is the mandatory channel for challenging ECHA decisions in four main areas:

• Registration of chemical substances
• Evaluation of substances and dossiers
• Authorisation for the use of substances of very high concern (SVHC)
• Restriction of use or marketing of substances

The new Regulation 2026/1782 introduces amendments to this basic rule that may affect the following elements of the procedure:

The regulation directly amends Regulation (EC) No 771/2008, so any company that has prepared its appeal strategy based on the previous version of that regulation must review whether its submissions and deadlines remain valid.

Economic and operational impact

The impact of this regulation is not measured in fees or direct fines, but in risk of loss of defence rights against regulatory decisions with high economic impact. An ECHA decision denying authorisation for use of a substance, or imposing a restriction, can mean for a company:

• Withdrawal of a product from the European market
• The obligation to reformulate entire production processes
• Loss of investments in registration and authorisation that can reach hundreds of thousands of euros
• Closure of entire business lines dependent on a restricted substance

In this context, an appeal to the ECHA Board of Appeal is often the only mechanism to reverse or provisionally suspend a decision of this magnitude before going to the EU Court of Justice. A formal defect in the appeal submission can cause its inadmissibility, closing that avenue without possibility of correction.

The operational cost of adapting to the new rules is low compared to the risk of not doing so: it involves reviewing the internal procedures of the legal department or external adviser specialising in chemical regulation.

Who does it affect?

• Chemical sector companies with substances registered under REACH that have received or may receive unfavourable ECHA decisions
• Pharmaceutical companies that use substances subject to evaluation or authorisation by the ECHA
• Materials manufacturers (plastics, adhesives, coatings, etc.) that depend on substances under regulatory scrutiny
• Legal advisers and chemical regulation consultants who manage appeals before the ECHA on behalf of their clients
• Regulatory Affairs and Legal departments of any company with exposure to REACH regulations or related regulations
• CFOs and executives of companies whose supply chain depends on substances subject to ECHA restriction or authorisation

Practical example

An industrial adhesives manufacturer has received an ECHA decision restricting the use of a key substance in its formulation. The company decides to file an appeal with the ECHA Board of Appeal to challenge that decision while reformulating its product.

Its legal adviser had prepared the appeal submission following the requirements of Regulation (EC) No 771/2008 in its previous version. However, Regulation 2026/1782 has amended that basic rule with effect from 23 July 2026. If the appeal is filed without reviewing the new formal requirements—for example, if the filing deadlines or required documents have changed—the Board of Appeal may declare it inadmissible due to formal defect.

The result: the company loses its only avenue of administrative challenge, the restriction becomes final and must bear the costs of reformulation without having been able to defend its position before the ECHA. Prior review of the new procedural rules would have avoided this scenario.

What should companies do now?

1. Review the text of Regulation 2026/1782 to identify exactly which articles of Regulation (EC) No 771/2008 have been amended and in what way.
2. Audit appeals in progress before the ECHA Board of Appeal: verify that submissions already filed comply with the new requirements and that the applicable deadlines are correct under the new regulation.
3. Update internal procedures of the legal department or Regulatory Affairs to incorporate the new formal admissibility requirements in any future appeal.
4. Inform the external legal adviser specialising in chemical regulation of the changes, if the management of appeals before the ECHA is outsourced.
5. Assess the impact on regulatory defence strategy: if there are ECHA decisions pending notification, anticipate appeal deadlines under the new rules to avoid losing the right to challenge.

Official source

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601782