Brussels, 25 July 2011: Eurometaux is concerned about the European Court of Justice ruling on nickel compounds, as it could set a precedent for the classification of all metals. The nickel industry, represented by the Nickel Institute, has challenged the procedure according to which about 100 nickel compounds were classified, as it believes that this procedure was based on an inappropriate use of the read-across methodology. The European Court of Justice found no factors affecting the validity of the European Commission’s classification decision.
Eurometaux supports the use of the read-across methodology, but from a scientific point of view we are concerned about the manner in which it was applied in the case of the nickel classifications. Read-across should be applied by following a proper scientific process and methodology, adapted to the specificities and the characteristics of the individual metals, and verifying the assumptions made. It must take all available data into consideration.