EN    EN  
 EUROPEAN COMMISSION 
Brussels, XXX   
[…](2012) XXX  draft 
  
COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of XXX  
amending Regulation (EC) No 340/2008 on  the fees and charges payable to the 
European Chemicals Agency pursuant to  Regulation (EC) No 1907/2006 of the 
European Parliament and of the Council on the Registration, Eval uation, Authorisation 
and Restriction of Chemicals (REACH) 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of XXX 
amending Regulation (EC) No 340/2008 on the fees and charges payable to the 
European Chemicals Agency pursuant to  Regulation (EC) No 1907/2006 of the 
European Parliament and of the Council on the Registration, Evaluation, Authorisation 
and Restriction of Chemicals (REACH) 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the 
Council of 18 December 2006 concerning the Regi stration, Evaluation, Authorisation and 
Restriction of Chemicals (REA CH), establishing a European Chemicals Agency, amending 
Directive 1999/45/EC and repealing Council  Regulation (EEC) No 793/93 and Commission 
Regulation (EC) No 1488/94 as  well as Council Directive 76/769/EEC and Commission 
Directives 91/155/EEC, 93/67/ EEC, 93/105/EC and 2000/21/EC
1, and in particular Article 
74(1) and Article 132 thereof, 
Whereas: (1) From the review of Commission Regulati on (EC) No 340/2008 of 16 April 2008 on 
the fees and charges payable to the Eu ropean Chemicals Agency pursuant to 
Regulation (EC) No 1907/2006 of  the European Parliament and of the Council on the 
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
2, 
conducted pursuant to Article 22(2) of that Regulation, it results that that Regulation 
should be amended in various respects.   
(2) For reasons of legal certainty, it is appropr iate to clarify the c onsequences of late 
payments to the Agency. The Agency should not refund fees or charges paid before 
the rejection of the submission concerned. Ho wever, fees or char ges paid after such 
rejection should be refunde d as undue payments.  
(3) With respect to updates of  a registration other than tonnage band updates, it is 
appropriate to provide for the possibility for the registrant to requ est an extension of 
the second deadline for payment of the corre sponding fee in order to give additional 
time to the registrant to make the payment.   
                                                 
1 OJ L 396, 30.12.2006, p. 1.  
2 OJ L 107, 17.4.2008, p. 6.   
EN 3   EN (4) For reasons of legal certainty, it is also appropriate to cl arify the existi ng provisions on 
reduced fees for confidentiality claims in joint submissions.  
(5) With respect to fees for applications under Article 62  of Regulation (EC) No 
1907/2006 and charges for reviews of author isations under Ar ticle 61 of that 
Regulation, each exposure scenario should no longer automatically be considered as 
one use since the number of additional uses applied for in an aut horisation a pplication 
or authorisation review report may not n ecessarily be identical to the number of 
exposure scenarios included in those submissions. 
(6) It should also be clarified that the Agen cy should issue one invoice covering the base 
fee or charge and all additional fees or  charges, including in cases of joint 
authorisation applications and joint review reports.  
(7) The Agency may request evidence that th e conditions for a re duction of fees or 
charges or for a fee waiver apply. In order to be able to verify th at those conditions are 
met, it is necessary to require the submission of such evidence with a certified translation into one of the official languages of the Union.  
(8) It is also appropriate, followi ng the review of the fees and charges in the light of the 
applicable average annual inflation rate for April 2012 published by Eurostat, to adapt 
the standard fees and charge s in line with that rate. 
(9) The existing reduced fees and charges appl icable to micro, small and medium-sized 
enterprises (SMEs) should be further redu ced in order to minimise the regulatory 
burden and the numerous practical challe nges faced by SMEs in complying with 
REACH obligations, in particular with the registration obligation, as identified in the 
[Commission General Report on REACH
3].   
(10) In order to rebalance the distribution of fees and charges across various company size 
classes, the standard fees and charges should be further incr eased by 4% in the 
registration area and by 3,5% in the authorisat ion area taking into account, on the one 
hand, the costs of the Agency and the rela ted costs of the serv ices provided by the 
competent authorities of the Member St ates, and, on the othe r hand, the further 
reduction of fees and charges for SMEs. This  adjustment takes into account the fact 
that fees and charges have not been updated in three cons ecutive years (2009 to 2011) 
and the number of SMEs involved.  
(11) In order to ensure that the level of the anti cipated income of the Agency is maintained,  
the Commission should review and adjust a nnually the fees and charges provided for 
in Regulation (EC) No 340/2008 by reference to inflation. 
(12) Regulation (EC) No 340/2008 should therefore be amended accordingly.  
(13) For reasons of legal certainty, this Regulat ion should not apply to valid applications 
which are pending on the date of entr y into force of this Regulation. 
                                                 
3 [insert a reference after publication]  
EN 4   EN (14) Given that the phase-in substances referred to  in Article 23(2) of  Regulation (EC) No 
1907/2006 must be registered from 1 June 2013, this Regulation sh ould enter into 
force as a matter of urgency. 
(15) The measures provided for in this Regulati on are in accordance with the opinion of the 
Committee established under Article 133 of Regulation (EC) No 1907/2006, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) No 340/2008 is amended as follows: 
(1) In Article 3, paragraph 7 is replaced by the following:  
'7. Where the registration has been rejected due to the failure of  the registrant to 
submit missing information or due to his failure to pay the fee before expiry of the deadlines, the fees paid in relation to that registration before its rejection shall not be 
refunded or otherwise cred ited to the registrant.' 
(2) In Article 4, paragraph 7 is  replaced by the following: 
'7. Where the registration has been rejected due to the failure of  the registrant to 
submit missing information or due to his failure to pay the fee before expiry of the deadlines, the fees paid in relation to that registration before its rejection shall not be 
refunded or otherwise cred ited to the registrant.' 
(3) Article 5 is amended as follows: 
(a) In paragraph 6, the third subparagraph is replaced by the following: 
'Where the payment is not made before the expiry of the second deadline, in 
the case of other updates, the Agency shall reject the update. Where the 
applicant so requests, the Agency sh all extend the second  deadline provided 
that the request for extension has been  submitted before the expiry of the 
second deadline. Where the payment is not made before the expiry of the extended deadline, the Agency shall reject the update’. 
(b) Paragraph 7 is replaced by the following: 
'7. Where the update has been rejected due  to the failure of the registrant to 
submit missing information or due to his fa ilure to pay the fee before expiry of 
the deadlines, the fees paid in relation to that update before its rejection shall not be refunded or otherwise credited to the registrant.' 
(4) In Article 6, paragraph 3 is  replaced by the following: 
'3. In the case of a request that refers to a joint submission, the Agency shall levy a 
reduced fee, as set out in Annex IV. In the ca se of a request by the lead registrant, the 
Agency shall levy a reduced fee to the lead registrant only, as set out in Table 2 of 
Annex IV.'  
EN 5   EN (5) In Article 7, paragraph 5 is  replaced by the following: 
'5. Where a notification or th e request for an extension ha s been rejected due to the 
failure of the registrant to submit missing information or due to his failure to pay the fee or charges before expiry of the deadlines, the fees or charges paid in relation to 
that notification or that request for an exte nsion before their resp ective rejection shall 
not be refunded or otherwise credited to the person making the notification or the 
request.' 
(6) In Article 8,  the third subpa ragraph of paragraph 2 is  replaced by the following: 
'The Agency shall issue one invoice cove ring the base fee and any applicable 
additional fees, including in the case of a joint authoris ation application.' 
(7) In Article 9,  the third subpa ragraph of paragraph 2 is  replaced by the following: 
'The Agency shall issue one invoice coveri ng the base charge and any applicable 
additional charges, including in the case of a joint review report.' 
(8) In Article 13(3), the following subparagraph is inserted after the first subparagraph: 
'Where the evidence to be submitted to the Agency is not in one of the official 
languages of the Union, it shall be accompanie d with a certified translation into any 
of those official languages.' 
(9) In Article 22, paragraph 1 is replaced by the following: 
'1. The Commission shall review and adjust  annually the fees and charges provided 
for in this Regulation by reference to the inflation rate as measured by means of the European Index of Consumer Prices as published by Eurostat pursuant to Regulation 
(EC) No 2494/95.'  
(10) Annexes I to VIII to Regulation (EC) No 340/2008 are replaced by the text set out in  
the Annex to this Regulation.  
Article 2 
This Regulation shall not apply to  valid applications pending on [ date of entry into force ]. 
Article 3 
This Regulation shall enter into force on the day following that of its publication in the 
Official Journal of the European Union . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States.  
EN 6   EN Done at Brussels,  
 On behalf of the President 
 […]  [Position]   
EN 7   EN ANNEX  
‘ANNEX I  
Fees for registrations submitted under Arti cles 6, 7 or 11 of Regulation (EC) No 
1907/2006 
TABLE 1  
STANDARD FEES  
 Individual submission Joint submission 
Fee for substances in the range of 1 
to 10 tonnes EUR 1 714 EUR 1 285 
Fee for substances in the range 10 
to 100 tonnes EUR 4 605 EUR 3 454 
Fee for substances in the range 100 
to 1 000 tonnes EUR 12 317 EUR 9 237 
Fee for substances above 1 000 
tonnes EUR 33 201 EUR 24 901 
TABLE 2  
REDUCED FEES FOR SME S 
 Medium 
enterprise 
(Individual 
submission) Medium 
enterprise 
(Joint 
submission) Small 
enterprise 
(Individual 
submission) Small 
enterprise 
(Joint 
submission) Micro 
enterprise 
(Individual 
submission) Micro 
enterprise 
(Joint 
submission) 
Fee for 
substances in the range of 1 to 
10 tonnes EUR 1 114 EUR 835 EUR 600 EUR 450 EUR 86 EUR 64 
Fee for 
substances in the range 10 to 
100 tonnes EUR 2 993 EUR 2 245 EUR 1 612 EUR 1 209 EUR 230 EUR 173 
Fee for 
substances in 
the range 100 to 
1 000 tonnes EUR 8 006 EUR 6 004 EUR 4 311 EUR 3 233 EUR 616 EUR 462 
Fee for 
substances 
above 1 000 EUR 21 581 EUR 16 185 EUR 11 
620 EUR 8 715 EUR 1 660 EUR 1 245  
EN 8   EN tonnes 
  
EN 9   EN ANNEX II  
 
Fees for registrations submitted under Articl e 17(2), Article 18(2) and (3) or Article 19 
of Regulation (EC) No 1907/2006 
TABLE 1  
STANDARD FEES  
 Individual submission Joint submission 
Fee EUR 1 714 EUR 1 285 
 
TABLE 2 
REDUCED FEES FOR SME S 
 Medium 
enterprise 
(Individual 
submission) Medium 
enterprise 
(Joint 
submission) Small 
enterprise 
(Individual 
submission) Small 
enterprise 
(Joint 
submission) Micro 
enterprise 
(Individual 
submission) Micro 
enterprise 
(Joint 
submission) 
Fee EUR 1 114 EUR 835 EUR 6 00 EUR 450 EUR 86 EUR 64  
EN 10   EN ANNEX III  
 
Fees for the update of registrations under Article 22 of Regulation (EC) No 1907/2006 
TABLE 1  
STANDARD FEES FOR THE UPDATE OF THE TONNAGE RANGE  
 Individual submission  Joint submission 
From 1-10 tonnes range to 10-100 
tonnes range EUR 2 892 EUR 2 169 
From 1-10 tonnes range to  
100-1 000 tonnes range EUR 10 603 EUR 7 952 
From 1-10 tonnes range to over  
1 000 tonnes range EUR 31 487 EUR 23 616 
From 10-100 tonnes range to  
100-1 000 tonnes range EUR 7 711 EUR 5 783 
From 10-100 tonnes range to over  
1 000 tonnes range EUR 28 596 EUR 21 447 
From 100-1 000 tonnes range to 
over 1 000 tonnes range EUR 20 885 EUR 15 663 
  
EN 11   EN TABLE 2  
REDUCED FEES FOR SME S FOR THE UPDATE OF THE TONNAGE RANGE  
 Medium 
enterprise 
(Individual 
submission ) Medium 
enterprise 
(Joint 
submission ) Small 
enterprise 
(Individual 
submission ) Small 
enterprise 
(Joint 
submission ) Micro 
enterprise 
(Individual 
submission ) Micro 
enterprise 
(Joint 
submission ) 
From 1-10 
tonnes range 
to 10-100 
tonnes range EUR 1 880 EUR 1 410 EUR 1 012 EUR 759 EUR 145 EUR 108 
From 1-10 
tonnes range 
to 100-1 000 tonnes range EUR 6 892 EUR 5 169 EUR 3 711 EUR 2 783 EUR 530 EUR 398 
From 1-10 
tonnes range 
to over 1 000 tonnes range EUR 20 467 EUR 15 350 EUR 11 021 EUR 8 265 EUR 1 574 EUR 1 181 
From 10-100 
tonnes range 
to 100-1 000 tonnes range EUR 5 012 EUR 3 759 EUR 2 699 EUR 2 024 EUR 386 EUR 289 
From 10-100 
tonnes range 
to over 1 000 tonnes range EUR 18 587 EUR 13 940 EUR 10 008 EUR 7 506 EUR 1 430 EUR 1 072 
From 100-
1 000 tonnes 
range to over 1 000 tonnes 
range EUR 13 575 EUR 10 181 EUR 7 310 EUR 5 482 EUR 1 044 EUR 783 
TABLE 3  
FEES FOR OTHER UPDATES  
Type of update  
Change in identity of the registrant 
involving a change in legal personality EUR 1 607 
 
Type of update Individual submission  Joint submission   
EN 12   EN Change in the access granted to 
information in the submission:   
Degree of purity and/or identity of 
impurities or additives EUR 4 820 EUR 3 615 
Relevant tonnage band EUR 1 607  EUR 1 205 
A study summary or a robust study 
summary EUR 4 820  EUR 3 615 
Information in the safety data sheet EUR 3 213 EUR 2 410 
Trade name of the substance EUR 1 607 EUR 1 205 
IUPAC name for non-phase in 
substances that are dangerous EUR 1 607  EUR 1 205 
IUPAC name for dangerous substances 
used as intermediates, in scientific research and development or product 
process oriented research and 
development EUR 1 607 EUR 1 205 
TABLE 4  
REDUCED FEES FOR SME S FOR OTHER UPDATES  
Type of update Medium enterprise 
 Small enterprise 
 Micro enterprise 
 
Change in identity 
of the registrant 
involving a change 
in legal personality  EUR 1 044 
 EUR 562 
 EUR 80 
 
Type of update Medium 
enterprise 
(Individual 
submission ) Medium 
enterprise 
(Joint 
submission ) Small 
enterprise 
(Individual 
submission ) Small 
enterprise 
(Joint 
submission ) Micro 
enterprise 
(Individual 
submission ) Micro 
enterprise 
(Joint 
submission ) 
Change in the 
access granted to 
information in the 
submission:       
Degree of purity 
and/or identity of impurities or 
additives EUR 3 133 EUR 2 350 EUR 1 687 EUR 1 265 EUR 241 EUR 181 
Relevant tonnage 
band EUR 1 044 EUR 783 EUR 562 EUR 422 EUR 80 EUR 60  
EN 13   EN A study summary 
or a robust study 
summary EUR 3 133 EUR 2 350 EUR 1 687 EUR 1 265 EUR 241 EUR 181 
Information in the 
safety data sheet EUR 2 088  EUR 1 566 EUR 1 125 EUR 843 EUR 161 EUR 120 
Trade name of the 
substance EUR 1 044 EUR 783 EUR 562 EUR 422 EUR 80 EUR 60 
IUPAC name for 
non-phase in 
substances that are dangerous EUR 1 044 EUR 783 EUR 562 EUR 422 EUR 80 EUR 60 
IUPAC name for 
dangerous substances used as 
intermediates, in 
scientific research and development 
or product process 
oriented research and development EUR 1 044 EUR 783 EUR 562 EUR 422 EUR 80 EUR 60 
  
EN 14   EN ANNEX IV  
 
Fees for requests under point (xi) of Arti cle 10(a) of Regulation (EC) No 1907/2006 
TABLE 1  
STANDARD FEES  
Item for which confidentiality is request ed Individual submission Joint submission 
Degree of purity and/or identity of impurities or 
additives EUR 4 820 EUR 3 615 
Relevant tonnage band EUR 1 607 EUR 1 205 
A study summary or a robust study summary EUR 4 820 EUR 3 615 
Information in the safety data sheet EUR 3 213 EUR 2 410 
Trade name of the substance EUR 1 607 EUR 1 205 
IUPAC name for non-phase in substances that are 
dangerous EUR 1 607 EUR 1 205 
IUPAC name for dangerous substances used as 
intermediates, in scientific research and development or 
product process oriented research and development EUR 1 607 EUR 1 205 
  
EN 15   EN TABLE 2  
REDUCED FEES FOR SME S 
Item for which 
confidentiality 
is requested Medium 
enterprise 
(Individual 
submission) Medium 
enterprise 
(Joint 
submission) Small 
enterprise 
(Individual 
submission) Small 
enterprise 
(Joint 
submission) Micro 
enterprise 
(Individual 
submission) Micro 
enterprise 
(Joint 
submission) 
Degree of purity and/or 
identity of 
impurities or 
additives EUR 3 133 EUR 2 350 EUR 1 687 EUR 1 265 EUR 241 EUR 181 
Relevant 
tonnage band EUR 1 044 EUR 783 EUR 562 EUR 422 EUR 80 EUR 60 
A study 
summary or a 
robust study 
summary EUR 3 133 EUR 2 350 EUR 1 687 EUR 1 265 EUR 241 EUR 181 
Information in 
the safety data 
sheet EUR 2 088 EUR 1 566 EUR 1 125 EUR 843 EUR 161 EUR 120 
Trade name of 
the substance EUR 1 044 EUR 783 EUR 562 EUR 422 EUR 80 EUR 60 
IUPAC name 
for non-phase in 
substances that 
are dangerous EUR 1 044 EUR 783 EUR 562 EUR 422 EUR 80 EUR 60 
IUPAC name 
for dangerous 
substances used 
as intermediates, 
in scientific 
research and 
development or 
product process oriented 
research and 
development EUR 1 044 EUR 783 EUR 562 EUR 422 EUR 80 EUR 60  
EN 16   EN ANNEX V  
 
Fees and charges for PPORD notifications under Article 9 of Regulation (EC) No 
1907/2006 
TABLE 1  
FEES FOR PPORD  NOTIFICATIONS  
Standard fee EUR 536 
Reduced fee for medium enterprise EUR 348 
Reduced fee for small enterprise EUR 187 
Reduced fee for micro enterprise EUR 27 
 
TABLE 2  
CHARGES FOR THE EXTENSION OF A PPORD  EXEMPTION  
Standard charge EUR 1 071 
Reduced charge for medium enterprise EUR 696 
Reduced charge for sm all enterprise EUR 375 
Reduced charge for micro enterprise EUR 54 
  
EN 17   EN ANNEX VI  
 
Fees for applications for an authorisatio n under Article 62 of Regulation (EC) No 
1907/2006 
TABLE 1  
STANDARD FEES  
Base fee EUR 53 300 
Additional fee per substance EUR 10 660 
Additional fee per use  EUR 10 660 
Additional applicant is not an SME:  
EUR 39 975  
Additional applicant is a medium enterprise: EUR 29 981 
Additional applicant is a small enterprise: EUR 17 989 Additional fee per applicant 
 
Additional applicant is a micro enterprise: 
EUR 3 998 
 
TABLE 2  
REDUCED FEES FOR MEDIUM ENTERPRISES  
Base fee  EUR 39 975 
Additional fee per substance  EUR 7 995 
Additional fee per use EUR 7 995 
Additional applicant is a medium enterprise: 
EUR 29 981 
Additional applicant is a small enterprise: EUR 17 989 Additional fee per applicant 
Additional applicant is a micro enterprise: 
EUR 3 998  
EN 18   EN TABLE 3   
EN 19   EN REDUCED FEES FOR SMALL ENTERPRISES  
Base fee  EUR 23 985 
Additional fee per substance EUR 4 797 
Additional fee per use  EUR 4 797 
Additional applicant is a small enterprise: 
EUR 17 989 Additional fee per applicant 
Additional applicant is a micro enterprise: 
EUR 3 998 
 
TABLE 4  
REDUCED FEES FOR MICRO ENTERPRISES  
Base fee EUR 5 330 
Additional fee per substance EUR 1 066 
Additional fee per use  EUR 1 066 
Additional fee per ap plicant Additional applicant: EUR 3 998  
EN 20   EN ANNEX VII  
 
Charges for the review of an authorisatio n under Article 61 of Regulation (EC) No 
1907/2006 
TABLE 1  
STANDARD CHARGES  
Base charge EUR 53 300 
Additional charge per use EUR 10 660 
Additional charge per substance EUR 10 660 
Additional applicant is not an SME:  
EUR 39 975 
Additional applicant is a medium enterprise: EUR 29 981 
Additional applicant is a small enterprise: EUR 17 989 Additional charge  per applicant 
 
Additional applicant is a micro enterprise: 
EUR 3 998 
 
TABLE 2  
REDUCED CHARGES FOR MEDIUM ENTERPRISES  
Base charge EUR 39 975 
Additional charge per use  EUR 7 995 
Additional charge per substance EUR 7 995 
Additional applicant is a medium enterprise: 
EUR 29 981 
Additional applicant is a small enterprise: EUR 17 989 Additional charge  per applicant 
Additional applicant is a micro enterprise: 
EUR 3 998  
EN 21   EN TABLE 3  
REDUCED CHARGES FOR SMALL ENTERPRISES  
Base charge EUR 23 985 
Additional charge per use  EUR 4 797 
Additional charge per substance EUR 4 797 
Additional applicant is a small enterprise: 
EUR 17 989 Additional charge  per applicant 
Additional applicant is a micro enterprise: 
EUR 3 998 
 
TABLE 4  
REDUCED CHARGES FOR MICRO ENTERPRISES  
Base charge EUR 5 330 
Additional charge per use  EUR 1 066 
Additional charge per substance EUR 1 066 
Additional charge per applicant Additional applicant is a micro enterprise: 
EUR 3 998  
EN 22   EN ANNEX VIII  
 
Fees for appeals under Article 92 of Regulation (EC) NO 1907/2006 
TABLE 1  
STANDARD FEES  
Appeal against decision taken under: Fee 
Article 9 or 20 of Regula tion (EC) No 1907/2006 EUR 2 356 
Article 27 or 30 of Regulation (EC) No 1907/2006 EUR 4 712 
Article 51 of Regulation (EC) No 1907/2006 EUR 7 069 
 
TABLE 2  
REDUCED FEES FOR SME S 
Appeal against decision taken under: Fee 
Article 9 or 20 of Regula tion (EC) No 1907/2006 EUR 1 767 
Article 27 or 30 of Regulation (EC) No 1907/2006 EUR 3 534 
Article 51 of Regulation (EC) No 1907/2006 EUR 5 301’