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July 31, 2020

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Changes to EU’s REACH Regime May Increase Administrative Burden on Prospective Registrants

On 6 January 2016, the European Commission published the Implementing Regulation 2016/9 on the joint submission of data and data-sharing (the Regulation). Concerns have been raised that the Regulation is likely to increase the administrative burden that prospective Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regime registrants are subject to.

The Regulation is intended to improve the mechanism for sharing information and costs under the REACH regime. The Regulation will enter into force on 26 January 2016 and it has retrospective effect.

REACH requires manufacturers and importers of certain substances to register with the European Chemicals Agency before that substance is manufactured or brought into the EU above certain specified quantities. Manufacturers or importers of the same substance are required to prepare a single joint submission for registration. The Regulation clarifies what the terms “fair, transparent and non-discriminatory” mean in the context of data-sharing between joint registrants under REACH.

The Regulation gives prospective REACH registrants joining a Substance Information Exchange Forum (the mandatory group made up of manufacturers and importers of the same substance which leads to the joint submission) the right to request a breakdown of the costs associated with making the joint registration.

The retrospective effect of the Regulation means that data-sharing agreements which are entered into on or before 26 January 2016 will need to be reviewed and, if required, amended to ensure compliance with the Regulation.

The Regulation is available here.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume VI, Number 19


About this Author

Aonghus Heatley, Greenberg Traurig Law Firm, London, Environmental Law Attorney

Aonghus Heatley has worked on a wide range of significant corporate, commercial, environmental and regulatory transactions or matters including on:

  • a broad range of complex environment and health and safety regulatory matters, environmental claims and sustainability and climate change issues;

  • various complex cross-jurisdictional group restructurings/reorganisations, including in relation to a leading global footwear manufacturer and a global automotive dealership group;

  • ...
44 (0) 203 349 8759
Cate Sharp, Greenberg traurig Law Firm, London, Environmental and Energy Law Attorney

Cate Sharp is the Co-Managing Shareholder of the London office. She has broad experience in a wide range of environmental, health and safety-related matters, especially in the energy, chemicals and manufacturing fields. She also advises clients on regulatory matters, environmental claims, sustainability and climate change issues.

Cate offers commercial support on transactions and projects, frequently with a cross-border element, and works closely with her colleagues to support other areas of practice, including real estate, finance, litigation and disputes.

Cate is highly recommended by independent guides to the legal industry. According to the Chambers UK Guide 2017, clients describe Cate as “an absolute linchpin for us on specialist environmental matters; working with her is extremely rewarding and enlightening." They add, “she gets progress and results by keeping to what we need to do to execute our plans."


  • Chemicals

  • Climate change

  • Energy

  • Waste

  • Water