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(This note is not part of the Regulations)
These Regulations amend the fees payable to the Health and Safety Executive (“HSE”) according to the Commission 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) (“EUR 2008/340”) (“the Fees and Charges Regulation”). The Fees and Charges Regulation sets the fees payable to ‘the Agency’ under Commission Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (“EUR 2006/1907”) (“UK REACH”). ‘The Agency’ for these purposes is the HSE (see Article 22(3)(a) of the Fees and Charges Regulation and Article 2A(1) and (5) of UK REACH). Fees and charges are payable by manufacturers, importers and downstream users of substances, mixtures and articles within the scope of UK REACH.
Regulations 3 to 8 amend various fees in the Fees and Charges Regulation having had regard to the all items consumer prices index published by the Statistics Board and the costs of the Agency in administering UK REACH. The data used for the purpose of compliance with Article 22(1)(a) of the Fees and Charges Regulation covered the period between 1 April 2022 and 31 December 2023.
Regulation 3 amends the fees for registrations submitted under Article 6, 7 or 11 of UK REACH, as provided for in Annex 1 of UK REACH.
Regulation 3(2) amends the standard fees for substances of all tonnages to be the same fee. This results in approximate increases of between 46% to 95% for the 1-10 tonne registrations and approximate decreases in fees from between 27% to 92% for the other tonnage ranges.
Regulation 3(3) amends the reduced fees for SMEs so that fees differ depending on the size of the enterprise (medium, small or micro) but within those categories are the same regardless of whether the submission is made individually or jointly or the tonnage by submission. The changes reduce the fees for an individual submission for 1-10 tonnes by approximately 25%. All the other tonnage ranges decrease by between 63% to 96% approximately.
Regulation 4 amends the fees for registration submitted under Article 17(2), Article 18(2) and (3) or Article 19 of UK REACH in Annex 2 of UK REACH.
Regulation 4(2) amends the standard fees to be the same for individual and joint submissions, which leads to approximate increases of between 46% to 95%.
Regulation 4(3) amends the reduced fees for SMEs for individual submissions so that they are the same as joint submissions. This leads to decreases for individual submissions of approximately 25% while fees for joint submissions remain unchanged.
Regulation 5 amends the fees for the update of registrations under Article 22 in Annex 3 of UK REACH.
Regulation 5(2) amends the standard fees for the update of the tonnage range to be the same for individual submissions and joint submissions and all tonnage ranges. There is an increase of fees for a joint submission of an update from 1-10 tonnes to 10-100 tonnes of approximately 16%, while all other fees have approximate decreases of between 13% and 92%.
Regulation 5(3) amends the reduced fees for SMEs so that fees differ depending on the size of the enterprise (medium, small or micro) but within those categories are the same regardless of whether the submission is made individually or jointly or of the size of the tonnage range update. The amendments reduce the fees for an individual submission where the tonnage range has updated from the 1-10 tonnes range to the 10-100 tonnes range by approximately 25%. All the other tonnage ranges updates decrease by between 63% and 93% approximately.
Regulation 5(4) amends the fee for ‘the change in identity of the registrant involving a change in legal personality’, which is an approximate decrease of 80%.
Regulation 5(5) amends the fees for medium and small enterprises by discounting the fee set by Regulation 5(4) by 10% and 20% respectively. This results in an approximate decrease of 72% and 53% respectively.
Regulation 6 amends the fees and charges for a PPORD (“product and process orientated research and development”) notification under Article 9 in Annex 5 of UK REACH.
Regulation 6(1) amends the standard fee for a PPORD notification, which is an approximately 58% increase.
Regulation 6(2) amends the standard charge for an extension of a PPORD exemption, which is an approximate 21% decrease.
Regulation 7 amends the fees for application for an authorisation under Article 62 in Annex 6 of UK REACH.
Regulation 7(2) amends the standard fees in Annex 6, which have been increased by approximately 22%.
Regulation 7(3) amends the reduced fees for medium enterprises in Annex 6, which are 25% lower than the standard fees quoted in Regulation 7(2).
Regulation 7(4) amends the reduced fees for small enterprises in Annex 6, which are 55% lower than the standard fees quoted in Regulation 7(2).
Regulation 7(5) amends the reduced fees for micro enterprises in Annex 6, which are 90% lower that the standard fees quoted in Regulation 7(2).
Regulation 8 amends the charges for the review of an authorisation under Article 61 in Annex 7 of UK REACH.
Regulation 8(2) amends the standard charges in Annex 7, which have been increased by approximately 22%.
Regulation 8(3) amends the reduced charges for medium enterprises in Annex 7, which are 25% lower than the standard charges quoted in Regulation 8(2).
Regulation 8(4) amends the reduced charges for small enterprises in Annex 7, which are 55% lower than the standard charges quoted in Regulation 8(2).
Regulation 8(5) amends the reduced charges for micro enterprises in annex 7, which are 90% lower than the standard charges quoted in Regulation 8(2).
The executive function of the Statistics Board is known as the Office of National Statistics (“ONS”) and the monthly all items consumer prices index is available on its website at www.ons.gov.uk. Hard copies of this information can be requested from the ONS at the following address: Segensworth Road, Titchfield, Hampshire, PO15 5RR. ONS telephone number: 0845 601 3034.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
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