
Document code:
WIN-0130.07
Security level:
Internal
Effective date:
29/09/2021
Processing of third party consultations addressed to ECHA
1. Purpose
This work instruction describes how a third party consultation addressed to ECHA according
to Regulation (EC) No 1049/2001 regarding public access to documents (i.e. the “ATD
Regulation”) or under national law is handled by the Legal Affairs Unit (LAU) in collaboration
with the competent Directorate(s).
2. Scope
This WIN starts with receiving a consultation on access to documents and ends with sending
a reply.
This WIN mainly applies to staff members of LAU that are in charge of coordinating ATD;
Contact Persons nominated by each Directorate; members of the ATD Network nominated
by each Directorate and/or Unit. It may also concern staff members who were the addressee
of a consultation or have been assigned the task of handling the consultation.
Referral and consultation based on the Management Board decision MB/32/2010 (i.e. access
request to documents/information contained in REACH-IT received by a MSCA, Commission)
are not falling within the scope of this WIN. ATD requests for REACH-IT data referred to
ECHA are handled according to WIN-0011 Processing of initial applications for access to
documents. ATD requests regarding REACH-IT data on which ECHA is consulted are handled
according to MB/32/2010.
3. Description
1. Filtering
1.1 Reception and registration of a third party
Responsibility/Role
consultation
Forward received consultation to the ATD functional mailbox
ECHA staff member
(xxxxxxxxxxxxxxxxxxx@xxxx.xxxxxx.xx) and in any case, when
there is doubt whether it is a third party consultation addressed
to ECHA.
Provided the received communication constitutes a third party
ATD Coordinator
consultation addressed to ECHA under the ATD Regulation or
national law, register it in the ATD SP.
TEM-0129.01
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Page 1 of 6

Document code:
WIN-0130.07
Security level:
Internal
Effective date:
29/09/2021
Processing of third party consultations addressed to ECHA
1.2 Checking the scope of the consultation and the
Responsibility/Role
deadline for replying
Is the scope of the consultation clear and the deadline for
ATD Coordinator
replying sufficient taking into account possible third party
consultations ECHA might have to lodge itself?
Consult an ATD Contact Person from the competent Directorate.
If No, go to 1.3.
If Yes, go to 2.1.
1.3 Clarification of the scope of the consultation and
Responsibility/Role
negotiation of the deadline
Ask the Requestor by e-mail to clarify the consultation and/or
ATD Coordinator
negotiate the deadline. Provide information to identify the
document requested and/or on the reasons for an extended
deadline.
2. Internal processing of the third party consultation
2.1 Assignment of the third party consultation
Responsibility/Role
Assign the third party consultation by email to the competent
ATD Coordinator
Directorate according to the rules below:
-
When a reply needs to be coordinated among several
Directorates assign to the volunteering “lead”
Directorate (Directorate which holds most of the
documents in the scope);
-
In all other cases, assign the consultation to the ATD
contact person(s) of the competent Directorate.
Indicate the legal deadline to the Directorate for replying to the
third party consultation.
2.2 Assessment of the need of a further consultation
Responsibility/Role
If (the) document(s) contain(s) information originating from a
ATD Contact Person
further party
(e.g. company, MSCA)
and a further consultation is
needed, go to 3.1.
If no third party consultation needs to be lodged by ECHA, go to
4.1.
Consult the ATD Coordinator in case of doubt.
TEM-0129.01
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Document code:
WIN-0130.07
Security level:
Internal
Effective date:
29/09/2021
Processing of third party consultations addressed to ECHA
3. Further consultation
3.1 ECHA’s document(s) containing information
Responsibility/Role
originating from a further party
For document(s) containing information originating from a
ATD Contact Person
Member State, follow step 5.2 of WIN-0011 / Processing initial
applications for ATD.
For document(s) containing information originating from a third
party which is not a Member State, follow step 5.3 of WIN-0011
/ Processing initial applications for ATD.
Inform the ATD Coordinator by email and confirm with him/her
by email that a further consultation is going to be launched by
the competent Directorate.
3.2 Deadline and further consultation
Responsibility/Role
If an extended deadline has not already been negotiated under
ATD Coordinator
step 1.3 contact the Requestor by email and verify if it already
lodged itself third party consultations which would make it
redundant for ECHA to do so.
If the Requestor’s reply demonstrates that this is not the case
explain that ECHA is going to launch a further consultation and
thus an extension of deadline for consultation is needed. If
possible, propose a new timeframe. Adjust the deadline
accordingly.
4. Drafting and sending the reply
4.1 Reminding the deadline
Responsibility/Role
If one day before the expiry of the deadline no draft reply is
ATD Coordinator
received for legal review, contact the ATD Contact Person
concerned to remind the Directorate of the legal deadline.
4.2 Drafting the reply
Responsibility/Role
Draft the reply.
ATD Contact Person
Submit the draft reply for legal review to the ATD Coordinator.
In order to ensure a fast and smooth handling of the
consultation, it is up to each Directorate to decide how the reply
should be concretely sent to the Requestor (i.e. formal ECHA
The Competent Director or HoU
letter v/ simple email).
TEM-0129.01
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Page 3 of 6

Document code:
WIN-0130.07
Security level:
Internal
Effective date:
29/09/2021
Processing of third party consultations addressed to ECHA
Prior to any sending, the competent HoU or Director
needs to approve the reply.
It is up to each Directorate to choose how to implement this
obligation.
4.3 Sending the reply
Responsibility/Role
Send the final reply to the Requestor at the latest on the day of
ATD Contact Person
the expiry of the deadline. Attach (if relevant) supporting
documents.
When sending the reply put in cc) the ECHA ATD functional
mailbox (xxxxxxxxxxxxxxxxxxx@xxxx.xxxxxx.xx).
Upload the reply to the ATD SP.
4. Flowchart
N/A.
5. Definitions
Term or abbreviation
Definition
Applicant
The natural or legal person (i.e. the first party) requesting access to
a
document
in
the
possession
of
an
European
institution/agency/body or national entity (i.e. the second party).
ATD
Access to documents
ATD Contact Person
Contact persons nominated by Directorates for ATD coordination
purposes. The contact persons are nominated for a period of two
years.
ATD Coordinator
Staff member of the LAU coordinating the processing of initial
applications for ATD.
ATD Network
Group of expert staff nominated by Directorates. It functions on an
ad hoc basis and can be consulted on specific questions related to
applications for access to documents. The opinion of the Network is
not binding and a reply by members of the network not a
requirement for allowing the Directorate in charge to continue
processing a request. The sharing of information and opinions within
the network however facilitates an efficient information flow as well
TEM-0129.01
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Page 4 of 6

Document code:
WIN-0130.07
Security level:
Internal
Effective date:
29/09/2021
Processing of third party consultations addressed to ECHA
Term or abbreviation
Definition
as the early identification of complex questions and contributes to
an efficient and consistent decision-making.
Competent Director
ECHA Director who can approve ECHA’s reply to the requestor.
Competent HoU
ECHA Head of Unit who can approve ECHA’s reply to the requestor.
LAU
Legal Affairs Unit
MSCA
Member State Competent Authority
Requestor
European institution/agency/body or national entity (i.e. the second
party) in possession of an ECHA document from whom originates the
third party consultation addressed to ECHA.
ATD SP
ATD SharePoint, storage place for records, maintained by LAU.
6. Records
Record name
Security level
Comments
Third party consultation
Restricted
Storage location: ATD SP
Reply
Restricted
Storage location: ATD SP
Other relevant external correspondence
sent by ECHA and/or received from
Restricted
Storage location: ATD SP
external (if any)
7. References
Associated document code
Document name
(EC) No 1049/2001
Regulation of the European Parliament and of the Council of 30 May
2001 regarding public access to European Parliament, Council and
Commission documents
(EC) No 1367/2006
Regulation of the European Parliament and of the Council of 6
September 2006 on the application of the provisions of the Aarhus
Convention on access to information, public participation in decision-
making and access to justice in environmental matters to Community
institutions and bodies
ECHA/MB/32/2010
Referral and consultation procedure for requests for access to
environmental information or access to documents or other
information contained in REACH-IT received by a Member State
TEM-0129.01
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Document code:
WIN-0130.07
Security level:
Internal
Effective date:
29/09/2021
Processing of third party consultations addressed to ECHA
Associated document code
Document name
Competent Authority/ Mandated National Institution or the
Commission of 23 June 2010
ECHA/MB/12/2008
Decision on the implementation of Regulation (EC) N) 1049/2001 on
public access to ECHA documents as amended by decision
ED/04/2009 of 25 March 2009
ECHA/MB/11/2008
Code of good administrative behaviour for the staff of the ECHA in
their relations with the public
I(2013)0149
Decision by the Director of Regulatory Affairs – Handling of the
consultations on the disclosure of documents submitted for the
purposes of the meetings of the Competent Authorities for REACH
and CLP (CARACAL) of 30 April 2013
8. Annexes
N/A
TEM-0129.01
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