A New Chapter in REACH Fee Regulation and small and medium-sized enterprises (SMEs) verification process

A New Chapter in REACH Fee Regulation and small and medium-sized enterprises (SMEs) verification process

The European Commission has proposed a new Implementing Regulation amending Regulation (EC) No 340/2008, which governs the fees and charges payable to the European Chemicals Agency (ECHA) under the REACH Regulation (EC No 1907/2006). This update is part of the broader effort to enhance the financial sustainability of ECHA in line with the EU Chemicals Strategy for Sustainability. The main changes and highlights are:

• Inflation Adjustment for Fees (Excluding SMEs): The Commission has introduced a 19.5% fee increase based on average annual inflation rates from 2021–2023. However, SMEs are exempt from this adjustment to support their competitiveness, in line with the 2024–2029 Commission Political Guidelines and the SME Relief Package.
• Shift from Ex-Post to Ex-Ante SME Verification: To streamline operations and ensure fairness, SMEs must now apply for status recognition at least two months before any fee-submitting action. This pre-submission verification replaces the prior ex-post model and should reduce administrative burden and delays. Once granted, SME status is valid for three years and applies across all EU legislation requiring SME verification (not just REACH). A simplified re-application is allowed if status remains unchanged.

The Regulation will enter into force twenty days after its publication in the Official Journal of the European Union. However, the revised SME verification procedures will apply 15 months later, providing stakeholders with sufficient time to adapt. Importantly, the Regulation will not apply to valid submissions pending on the date it enters into force. This Regulation shall be binding in its entirety and directly applicable in all Member States, ensuring consistent implementation across the European Union.

The full legal text will be available upon publication in the Official Journal of the European Union. In the meantime, the draft regulation and related documentation can be accessed here: https://ec.europa.eu/transparency/comitology-register/screen/meetings/CMTD%282025%291408/consult?lang=en

If you need advice or assistance with the regulation of REACH, plant protection products, fertilising products, biocides or chemicals in the EU and UK, please do not hesitate to contact the experts at Kerona info@kerona.ie