European Commission publishes new guidance document

On July 1, 2022, the European Commission published a guidance document addressing the relationship between the REACH Regulations and the EU sanctions recently imposed under Council Regulations 269/2014 and 833/2014.

The new document explains that data owners cannot engage in negotiations for data sharing and other transactions with a person who is appointed under Council Regulation 269/2014 or owned/controlled by an appointed person under the regulation on ‘Sanctions adopted following Russia’s military aggression against Ukraine’. All ongoing negotiations are expected to be suspended. Also, companies or groups of companies who entered into agreements with other companies before designation under Council Regulation 269/2014 or owned/controlled by an appointed person under the regulation should take all necessary actions while considering the business operations and current agreements.

Funds cannot be sent to someone who is appointed/designated under Council Regulation 269/2014 or owned/controlled by an appointed person under the regulation. Such funds can be in an escrow account and ECHA will get involved if there is a disagreement.

Under Council Regulation 269/2014, lead registrants should be changed. Also, lead registrants cannot submit information and dossier updates for persons that are designated under the regulations. Furthermore, only representatives cannot represent anyone appointed/designated under Council Regulation 269/2014 or owned/controlled by a designated person under the regulation. The full guidance document can be accessed here.