Commission Regulation (EU) No 440/2010 of 21 May 2010 on the fees payable to the European Chemicals Agency pursuant to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures  (Text with EEA relevance)

22.5.2010 EN Official Journal of the European Union L 126/1
COMMISSION REGULATION (EU) No 440/2010
of 21 May 2010
on the fees payable to the European Chemicals Agency pursuant to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures
(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 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (1), and in particular Articles 24(2) and 37(3) thereof,
Whereas:
(1) A manufacturer, importer or downstream user of a substance in a mixture may submit a request to the European Chemicals Agency, hereinafter ‘the Agency’, to use an alternative chemical name.
(2) Such requests under Article 24(1) of Regulation (EC) No 1272/2008 should be accompanied by a fee.
(3) A manufacturer, importer or downstream user may submit a proposal for harmonisation of classification and labelling of a substance to the Agency, provided there is no entry in part 3 of Annex VI of Regulation (EC) No 1272/2008 for that hazard class or differentiation.
(4) Such proposals should be accompanied by a fee in cases laid down in Article 37(3) of Regulation (EC) No 1272/2008.
(5) The level of the fees collected by the Agency as well as the rules for payment should be determined.
(6) The amount of the fees should take account of the work required by Regulation (EC) No 1272/2008 to be carried out by the Agency and should be fixed at such a level as to ensure that the revenue derived from them when combined with other sources of the Agency’s revenue pursuant to Article 96(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (2) is sufficient to cover the cost of the services delivered.
(7) In the ‘Small Business Act’ for Europe (3) the European Union has firmly placed the needs of small and medium-sized enterprises (‘SMEs’) at the heart of the Lisbon Growth and Jobs Strategy. Specifically the Union’s capacity to build on the growth and innovation potential of SMEs will therefore be decisive for future prosperity of the Union. However, SMEs bear a disproportionate regulatory and administrative burden in comparison to larger businesses. Therefore it is appropriate to reduce the level of fees for SMEs.
(8) It is appropriate for the identification of SMEs to follow the definitions set out in Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (4).
(9) The reduced fees for proposals for harmonised classification and labelling should be reviewed within 3 years after the entry into force of the Regulation with a view to reviewing or removing them if deemed necessary.
(10) This Regulation should enter into force as soon as possible, since it has been possible to submit requests for use of alternative chemical names and proposals for harmonisation of classification and labelling of substances to the Agency since 20 January 2009, date of the entry into force of Regulation (EC) No 1272/2008.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006,