The REACH Fees and Charges (Amendment of Commission Regulation (EC) No 340/2008) Regulations 2025
These regulations amend fees payable to the Health and Safety Executive (HSE) under the UK REACH regulations.
The amendments adjust various fees across multiple annexes (Annex 1-7) of the overarching REACH regulation, which sets fees for chemical registrations and authorisations.
The adjustments consider changes in the consumer price index and HSE administrative costs.
The changes affect fees for different sized businesses and different applications and differ in their variations
Arguments For
Updated Fees Reflect Current Costs: The amended fees adjust for inflation and administrative costs incurred by the HSE in managing UK REACH, ensuring the system remains financially sustainable.
Fairer Fee Structure (Arguably): The changes might aim for a more equitable distribution of costs among different sized businesses, providing relief to some while increasing others in different ways.
Legal Compliance: Aligns UK legislation with the original EC regulation, maintaining compliance with relevant European Union standards (even post-Brexit).
Evidence-Based Adjustments: The adjustments are based on the all-items consumer prices index from the Office for National Statistics and the HSE's costs, using verifiable data.
Arguments Against
Increased Burden on Businesses: Some businesses will experience substantial fee increases, potentially impacting their competitiveness and profitability.
Complexity of Calculation method: The calculation of the final figures, even as based and explained on a prices index, can still present a lack of transparency and might not be straightforward for all involved.
Lack of broader consultation and further analysis: The provided impact assessment mentions it has found no or minimal impact on the many actors involved, and this might not be the case.
Potential for Unintended Consequences: The changes could inadvertently discourage certain activities covered by the law and might need further analysis regarding the future implications.
The Secretary of State makes these Regulations in exercise of the power conferred by Article 22(1) of 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) (“the Fees and Charges Regulation”)1.In accordance with Article 22(1) of the Fees and Charges Regulation, the Secretary of State considers that alterations to the fees and charges in the Fees and Charges Regulation are appropriate having regard to the change in the relevant prices index2 and the costs of the Health and Safety Executive (“HSE”) (taking one year with another)3.The Secretary of State has consulted the Scottish Ministers in relation to Scotland and Welsh Ministers in relation to Wales4 in accordance with Article 22(2) of the Fees and Charges Regulation.
This introductory section explains the legal basis for these regulations.
The Secretary of State is authorized to set fees under Article 22(1) of Commission Regulation (EC) No 340/2008.
The justification for changes includes consideration of inflation (prices index) and the Health and Safety Executive's administrative costs.
Consultation with Scottish and Welsh ministers took place as required by Article 22(2).
- Citation, commencement, extent and application (1) These Regulations may be cited as the REACH Fees and Charges (Amendment of Commission Regulation (EC) No 340/2008) Regulations 2025. (2) These Regulations come into force on 1st April 2025. (3) These Regulations extend to the United Kingdom and apply to England, Wales and Scotland.
This section provides essential information about the regulations.
The regulations' official title is given in (1). (2) states the effective date, and (3) clarifies their geographical scope within the United Kingdom.
- Amendment of Commission Regulation (EC) No 340/2008 Commission Regulation (EC) No 340/2008 on 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) is amended in accordance with regulations 3 to 8.
This section states that the subsequent sections (3-8) will modify specific sections of Commission Regulation (EC) No 340/2008, which concerns fees and charges for the REACH regulation.
- Amendment of Annex 1 (1) Annex 1 (fees for registrations submitted under Article 6, 7 or 11 of Regulation (EC) No 1907/2006) is amended as follows. (2) In Table 1 (standard fees), for the entries which set out the fees substitute— [Table with values of £2,222 in all entries] (3) In Table 2 (reduced fees for SMEs), for the entries which set out the fees substitute— [Table with various values (e.g., £740, £399, £57) in all entries]
This section details changes to Annex 1 of the original regulation, specifically fees charged for registrations under Articles 6, 7, or 11 of (EC) No 1907/2006.
It specifies replacing the existing fee values in Tables 1 (standard fees) and 2 (reduced fees for SMEs) with new values.
More specifically, The new standard fees are all set to £2222, and the SME fees vary depending on the enterprise size and submission type.
- Amendment of Annex 2 (1) Annex 2 (fees for registrations submitted under Article 17(2), Article 18(2) and (3) or Article 19 of Regulation (EC) No 1907/2006) is amended as follows. (2) In Table 1 (standard fees), for the entries which set out the fees substitute— [Table with values of £2,222 in all entries] (3) In Table 2 (reduced fees for SMEs), for the entries which set out the fees substitute— [Table with values of £740, £399, £57 in all entries]
This section is similar to section 3, but specifies amendments to Annex 2, which covers fees for registrations under Articles 17(2), 18(2), (3), and 19 of (EC) No 1907/2006.
New fee values in Tables 1 (standard) and 2 (reduced for SMEs) are to be substituted.
More specifically, The new standard fees are all set to £2222, and the SME fees vary depending on the enterprise size and submission type.
- Amendment of Annex 3
(1) Annex 3 (fees for the update of registrations under Article 22 of Regulation (EC) No 1907/2006) is amended as follows.
(2) In Table 1 (standard fees for the update of the tonnage range), for the entries which set out the fees substitute—
[Table with values of £2,222 in all entries]
(3) In Table 2 (reduced fees for SMEs for the update of the tonnage range), for the entries which set out the fees substitute—
[Table with various values (e.g., £1,249, £672, £96) in all entries]
(4) In Table 3 (fees for other updates), for “£1,424” (the fee for a change in identity of the registrant involving a change in legal personality), in the first place that it occurs, substitute
“£290”
. (5) In Table 4 (reduced fees for SMEs for other updates) for the first row which sets out fees substitute— [Table with values £261, £232, £72]
This section details amendments to Annex 3, addressing fees for updating registrations under Article 22 of (EC) No 1907/2006.
It instructs replacing fees in Tables 1 and 2 (standard and reduced for SMEs, respectively) for tonnage range updates with new values.
Additionally, section (4) changes the fee for registrant identity changes and (5) adjusts reduced fees for SMEs for other updates.
- Amendment of Annex 5
(1) Annex 5 (fees and charges for PPORD notifications under Article 9 of Regulation (EC) No 1907/2006) is amended as follows.
(2) In Table 1 (fees for PPORD notifications), for “£475” (Standard fee) substitute
“£751”
. (3) In Table 2 (charges for the extension of a PPORD exemption), for “£949” (Standard charge) substitute“£751”
.
This section outlines changes to Annex 5, covering fees and charges for PPORD (product and process-oriented research and development) notifications under Article 9 of (EC) No 1907/2006.
The standard fee for PPORD notifications and the standard charge for extending PPORD exemptions are changed to specific new values.
- Amendment of Annex 6 (1) Annex 6 (fees for applications for an authorisation under Article 62 of Regulation (EC) No 1907/2006) is amended as follows. (2) in Table 1 (standard fees), for the entries which set out the fees substitute— [Table with values £57,689, £11,538, £51,920] (3) In Table 2 (reduced fees for medium enterprises), for the entries which set out the fees substitute— [Table with values £43,267, £8,653, £38,940] (4) In Table 3 (reduced fees for small enterprises), for the entries which set out the fees substitute— [Table with values £25,960, £5,192, £23,364] (5) In Table 4 (reduced fees for micro enterprises), for the entries which set out the fees substitute— [Table with values £5,769, £1,154, £5,192]
This section specifies amendments to Annex 6, which deals with application fees for authorisations under Article 62 of (EC) No 1907/2006.
It directs the replacement of fees in Tables 1 (standard) and Tables 2, 3, and 4 (reduced for medium, small, and micro enterprises, respectively) with new values.
- Amendment of Annex 7 (1) Annex 7 (charges for the review of an authorisation under Article 61 of Regulation (EC) No 1907/2006) is amended as follows. (2) In Table 1 (standard charges), for the entries which set out the charges substitute— [Table with values £57,689, £11,538, £51,920] (3) In Table 2 (reduced charges for medium enterprises), for the entries which set out the charges substitute— [Table with values £43,267, £8,653, £38,940] (4) In Table 3 (reduced charges for small enterprises), for the entries which set out the charges substitute— [Table with values £25,960, £5,192, £23,364] (5) In Table 4 (reduced charges for micro enterprises), for the entries which set out the charges substitute— [Table with values £5,769, £1,154, £5,192]
This section covers modifications to Annex 7 regarding charges for reviewing authorisations under Article 61 of (EC) No 1907/2006.
It specifies replacing the charge values in Tables 1 (standard) and Tables 2, 3, and 4 (reduced for medium, small, and micro enterprises) with new values.
Emma Hardy Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 7th March 2025
This section shows the signature and other details indicating who approved the regulations, specifically The Parliamentary Under Secretary of State from the Department for Environment, Food and Rural Affairs.
Explanatory Note (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. [Further detailed explanation of changes for all regulations] 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.
This explanatory note provides further context and detail on the reasons behind the fee amendments.
It clarifies that the changes reflect inflation and administrative costs, and it gives a more detailed breakdown of how each regulation affects the respective fees and charges outlined in the various annexes.
It also justifies the lack of a full impact assessment on the basis that no or negligible consequences were foreseen.