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REACH Only Representative Service
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Reduced REACH registration fees and charges for medium, small, or micro enterprises
SME reduction
Small enterprises
are defined as enterprises which employ fewer than 50 persons and whose annual turnover or annual balance sheet total does not exceed 10 million euro.
Micro enterprises
are defined as enterprises which employ fewer than 10 persons and whose
annual turnover or annual balance sheet total does not exceed 2 million euro.
Lower
levels of fees apply to companies that are medium, small, or micro
enterprises. To determine your company’s
size, you must calculate staff headcount, annual turnover,
and/or annual balance sheet total according to
Commission Recommendation 2003/361/EC concerning the definition of
micro, small and medium-sized enterprises. Different definitions of SME
may exist in your country but, for the purposes of REACH, only the
definitions set out in Commission Recommendation 2003/361/EC can be
taken into account.
In accordance with this
Recommendation, an enterprise cannot be considered as an SME if 25% or
more of its capital or voting rights are directly or indirectly
controlled, jointly or individually, by one or more public bodies.
In addition, if you have shares or voting rights in other enterprises or if third parties (including
natural persons) have shares or voting rights in your enterprise, the
headcount, turnover, and balance sheet information of all the relevant enterprises must also be taken into consideration.
For further information, please refer to the definition of SMEs on page 14 of the SME User Guide http://ec.europa.eu/enterprise/enterprise_policy/sme_definition/sme_user_guide.pdf
The European Chemical Agency will know that you are a micro, small, or medium-sized enterprise
on the basis of your declaration. Specifically, as part of the
information that you are required to send to the Agency, you will be
given an opportunity to signal that you are a micro, small, or
medium-sized enterprise. Upon that declaration, the Agency will
automatically apply the relevant reduced fees.
The
information that you have submitted will be verified in the context of
the dossier evaluation by the Agency. The submission of false
information will not only trigger the application of the full fee but
also of an administrative charge (see Article 13 of the Fees and
Charges Regulation). In addition, penalties may be imposed by the
competent authorities of the Member States.
You are therefore advised to verify carefully whether you meet the
conditions for SME status in accordance with
Commission Recommendation 2003/361/EC. Please note that, for the
purposes of REACH, only the conditions set out in the Commission
Recommendation 2003/361/EC can be taken into account.
The SME reduction also applies to Only Representatives.
If you are an only representative, the determination
of whether the SME reduction applies to your submission should be done
by reference of the headcount, turnover, and/or balance sheet
information of the non-EU manufacturer that you represent. This is to
ensure equal treatment between non-EU manufacturers (including
formulators and producers of articles) that decide to use an only
representative and importers and manufacturers established in the EU.
Joint Submissions
The reason why lower fees and charges apply in the case of joint submissions
of a registration is twofold. On the one hand, the associated workload
of joint submission is lower than in the case of separate submissions
and this should be reflected in the fee. In addition, lower
registration fees for joint submissions will also encourage data
sharing, thereby avoiding unnecessary repetition of studies.
In a joint submission, the lead registrant submits the information that must
be submitted jointly in accordance with Article 11(1) of the REACH
Regulation (i.e. studies, proposals for testing, and
classification and labelling information and, where relevant, the
chemical safety report or guidance on safe use). In addition, the other
registrants that are party to a joint submission are required to make an
individual submission with their identity, the identity of the
substances that are being registered, and other information that cannot
be submitted jointly (see Article 11(1) of the REACH
Regulation).
It is important to note that the reduced fee is payable per registrant that
is party to the joint submission. This means that, following the
individual submissions of the registrants that are part to the joint
submission, the Agency will automatically issue individual invoices to
each of them. The lead registrant will, likewise, receive its invoice
when it makes its submission.
When
a registrant (or lead registrant) informs the Agency that it is an SME,
the Agency will automatically apply the relevant reduced fee in its
invoice.
To assess if you can benefit from the reduced fees that apply to
registration submissions that are made jointly, you need to look at the
information that, in accordance with Article 11(1) of the REACH
Regulation, must be submitted jointly (i.e., the classification
and labelling information, the studies, and the proposals for testing).
If you submit all of that information jointly, you can benefit from
the reduced fees. However, if you submit separately any of that
information, you cannot benefit from the reduced fees. For
instance, if for any specific endpoint you do not rely on the studies
that are part of the joint submission sent by the lead registrant but
submit your own studies, you cannot benefit from the reduced fees.
Need more information or assistance?
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