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The Challenge
A company with an EU REACH joint registration was concerned about extra fees being charged by the lead registrant in its consortium. EU REACH requires cost sharing to be fair, transparent and non-discriminatory, but in practice it is not always clear how shared costs are calculated or explained.
The company felt the information it had received was not clear or transparent. At the same time, it was worried that delaying payment until everything was understood might risk losing access to the registration dossier. This created regulatory risk and threatened continued sales into the EU market.
ACRE was asked to review the information provided by the consortium, drawing on its experience in managing consortia and REACH joint registrations. A clear understanding of the company’s rights and obligations under EU REACH, including the Letter of Access and joint submission framework, was essential to managing the situation without escalation.
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Our Role
ACRE supported the registrant by reviewing its position under EU REACH and the cost-sharing arrangements in place. This included a detailed review of the relevant agreements, such as the Letter of Access and joint submission documentation, to confirm which fees had been agreed and when payment obligations applied.
We advised on the principles of fairness, transparency and non-discrimination set out in Commission Implementing Regulation (EU) 2016/9, and how these apply to cost sharing within joint submissions. We also explained the practical implications of non-payment, including access to the registration dossier and the options available for resolving disputes.
Throughout the process, ACRE helped the client navigate a complex regulatory and commercial issue while maintaining a constructive relationship with the consortium.
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The Outcome
The client gained a clear understanding of its rights and obligations under EU REACH and felt more confident engaging with the consortium and asking the right questions. This reduced regulatory risk by enabling open communication and supporting informed decision making.
With this clarity, the client was able to manage the situation without unnecessary escalation or disruption. The outcome supported both regulatory compliance and commercial continuity.
