The final decision on which the documents are considered sufficient evidence of a `transfer of assets` is taken `on a case-by-case basis` in accordance with the relevant national principles of private and company law of the Member State in which the undertaking is established. For this reason, ECHA`s Practical Guide 8 – How to report changes in the identity of legal entities is limited to the general example of the contract for the sale of assets and does not contain any other information in this regard. For more information on changes in the identity of legal entities, see Practical Guide 8 above – available at echa.europa.eu/practical-guides Relevant documents should be submitted to national enforcement authorities upon request. Ultimately, the authorities of scope are responsible for providing adequate evidence. In order to ensure that it complies with the national legal order, they may, for example, seek advice from in-house or established lawyers. New users participating in the work of the committees; Experts, interest or working groups, etc., who do not have an ECHA account are invited to create and use an EU login account if they do not already have one. If the initiating legal entity has submitted registrations as part of a joint submission, the joint submission role (for example, lead member or registrant) is transferred to the legal successor along with the registrations. If no registration has been submitted, the roles will not be transferred. Rights holders must confirm their membership in the joint submission. When a change of legal entity (LEC) occurs, a new filing number is created to track the transfer of assets. These submission numbers are assigned for administrative purposes and are not linked to a file. Sector user accounts and personal accounts are created on the sign-in page. ECHA makes its account available to users of the authority.
Yes, in accordance with Article 12 of Regulation (EC) No 340/2008 on royalties and the references therein to the definitions of micro, small and medium-sized enterprises set out in the Annex to European Commission Recommendation 2003/361/EC, EEA companies and non-EEA companies must be taken into account when determining the SME status of an enterprise for the classification of partner and affiliated companies. In addition, the non-EEA entity is precisely the entity concerned where an application is made by an exclusive representative in accordance with Article 12 of the Royalties Regulation. The first point of contact for industrial account users is the company`s Legal Entity Manager. The head of the legal entity can use ECHA`s contact forms if he or she has any further questions. If a registration/notification for a substance is transferred from the legal initiator to the legal successor who already has a valid registration/notification for the same substance, the status of the transferred registration/notification is marked as „cancelled” because a legal person can only have one registration for the same substance. For more information, see how to report identity changes in REACH and CLP. A personal account can be created by clicking on the „Login” link in the top right corner of ECHA`s homepage. A personal account can be transferred to a business account when a personal account is created by a legal entity or added as a user to an existing account. Note: If you declare that your business is an SME, you are entitled to a fee reduction for SMEs.
ECHA regularly reviews the SME status of legal entities that identify as SMEs. We recommend that you keep your company size information up to date in your REACH IT account. If an invoice is required (i.e. the change of legal entity includes at least one paid item), only one invoice is issued per change of legal entity. Invoices are issued to the legal successor. The size of the legal successor`s business after the change of legal personality determines the fees. In accordance with Table 3 of Annex III to Commission Regulation (EC) No 340/2008, SMEs are subject to a reduced fee. Once the invoice has been paid in full, the items are handed over and the legal entity is replaced by REACH-IT. If the invoice is not paid within the extended due date, the change of legal entity will be removed from the system and the items will not be transferred. Information about the fee system can be found here. The secretaries of ECHA`s committees create the accounts of the committees and make the details of the accounts available to the users of the committees.
If you already have an ECHA account, use the „Log in with an ECHA account” option to log in. If you have been prompted to create an EU login account, use the „Login with EU login” option. ECHA creates all government accounts with delegated user administrators in each EU Member State. Accounts can only be created after the authority has been officially designated and confirmed that it meets ECHA`s security requirements. In the case of transferred registrations, if the original legal person has registered the same substance as the legal successor and the tonnage of the original legal person is greater than the registered substance of the successor, the system pursues the right of the beneficiary to a higher range of quantities. The successor in title must provide a spontaneous update to indicate the highest tonnage range. There is no charge for this update. 4. Select the last successful submission number (initial submission or submission update in the Event column) that occurred before the legal entity change. This type of account is intended for legal persons and their users, for example when they access ECHA`s IT tools to prepare and transmit data using REACH-IT, R4BP 3 and ePIC. The Agency shall issue an invoice for the change of entity in accordance with Article 5 (Fees Regulation) of Commission Regulation (EC) No 340/2008 if the list of items contains one or more items due. Industry users can create an ECHA account via the simple login page.
Industry accounts must always be linked to a specific legal entity in the industry. Detailed instructions on how to create the account can be found in ECHA`s Account Manual, Section 3: How to log in for the first time. The same manual contains instructions on how to manage the users of a legal entity. All documents uploaded to REACH-IT are treated confidentially by ECHA and used exclusively for face testing. For reasons of transparency and traceability, documents cannot be deleted. However, it is possible to add additional documentation to your REACH IT account at a later date. Documentation is not evaluated immediately, but only when the size testing process has been initiated. AMSC users need an ECHA account to access ECHA`s IT tools such as IUCLID, REACH-IT, R4BP or ePIC to carry out their tasks. For example, NEAs must access the Interact portal and ePIC to carry out their duties as inspectors or focal points. Before indicating SME status in REACH-IT, companies should be aware of the rules of Commission Recommendation 2003/361/EC on the definition of SMEs. The documents listed above shall be made available to all partner and associated undertakings within the meaning of Article 3 of that Commission Recommendation.
Companies must upload evidence to their REACH IT account to support sme applications.