The European Chemicals Agency (ECHA) has announced a significant update to its charging system for joint authorisation applications, following new provisions confirmed by the European Commission. This decision is encapsulated in the recently adopted Management Board decision 03/2024, which refines the classification and imposition of service and administrative charges.
Key Updates
- Single Administrative Charge for Joint Applications:
- ECHA will only issue one administrative charge for joint authorisation applications. This streamlined approach aims to simplify the fee structure and enhance administrative efficiency.
- Determining the Charge:
- The administrative charge will be based on the size of the largest applicant within the joint application group. The lead applicant will receive the invoice.
- Revised Definition of Financial Gain:
- The decision also amends the definition of 'financial gain' to extend its application to ex-ante verification. This process, which takes place before the invoice is issued, ensures that SMEs, which benefit from lower fees, do not gain financially from submitting false or incomplete information.
Background and Implementation
The REACH Regulation and the REACH Fee Regulation allow ECHA to levy charges for administrative and technical services. The charges are adopted by ECHA’s Management Board following a favourable opinion from the European Commission. Historically, these charges were governed by decisions made in 2010, 2013, and 2015. The new consolidated and revised decision integrates these previous decisions, providing a cohesive legal basis for levying only one administrative charge for joint authorisation applications.
This decision, effective from 22 July 2024, aims to uphold the integrity of the REACH framework by ensuring that charges are proportionate and that entities provide accurate information regarding their entitlement to fee reductions.
Implications for Stakeholders
Companies involved in joint authorisation applications must ensure accurate declarations of their size to avoid administrative charges. The new provisions also highlight the importance of understanding the financial implications of false or incomplete submissions. ECHA's emphasis on transparency and compliance aims to create a fair regulatory environment for all stakeholders.
