European Commission Directorate General for Inte : REACH: Commission adopts new data cost-sharing rules

The European Commission has adopted a new Implementing Regulation under REACH to clarify the provisions on data-sharing and joint submission of substance registrations, in the run-up to the 2018 deadline for registration of chemical substances.

Experience from the 2010 and 2013 registration rounds showed that clarification was necessary for all companies with REACH registration duties but in particular for SMEs.

The new rules, applicable as of 26 January 2016, specify what is understood by 'fair, transparent and non-discriminatory' with regard to data cost-sharing in the REACH Regulation. For example, it recalls that costs should only be shared where they are relevant to the information that a party is obliged to submit for registration under REACH. Itemising and documenting the costs of data to be shared, as well as cost-sharing models are also among the provisions in the new Regulation. Where a data-sharing agreement already existed before the entering into force of the new rules, parties may waive certain obligations.

In addition to the new rules adopted, a Frequently Asked Questions section on data-sharing under REACH and competition law has been added to the REACH Commission webpages.

More information:

Text of the new regulation

European Chemicals Agency: 2018 registration

FAQ with regard to competition rules and data sharing