UK REACH Statutory Instrument laid before Parliament

November 16, 2020

On 19 October 2020, the Statutory Instrument (SI) transposing the EU REACH Regulation into UK law at the end of the transition period was laid before Parliament.

Required under the European Union (Withdrawal) Act, The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 SI is needed to provide a continued legislative framework under which companies can manufacture in, and import chemicals into, the UK following the end of the transition period. It is essentially a replication of EU REACH, with minor changes so the legislation is functional in the UK market.

Read on for TSG’s summary of the timeline and actions for affected companies.

Timeline

31/12/2020: Transition period ends

01/01/2021: UK REACH comes into effect. UK REACH and EU REACH rules must be followed

01/01/2021: Online service ‘Comply with UK REACH’ becomes available for use

30/04/2021: Deadline for provision of basic information to the Health and Safety Executive (HSE) for registrations ‘grandfathered’ into UK REACH

27/10/2021: Deadline by which UK downstream users must notify HSE using a Downstream User Import Notification (DUIN) of their intention to continue importing substances

27/10/2023: Deadline for full registration under UK REACH according to the following criteria:

>1000 tonnes/year, or
Classified as CMR, or
Classified as very toxic to aquatic life, or
Listed on the ‘candidate list’ as of 31/12/2020

28/10/2025: Deadline for full registration under UK REACH according to the following criteria:

>100 tonnes/year, or
Listed on the ‘candidate list’ as of 27/10/2023

28/10/2027: Deadline for full registration under UK REACH according to the following criteria:

>1 tonne/year

Actions for affected companies

You are UK-based; hold an EU REACH Registration; and sell/import to EU

GB-based companies with an EU REACH Registration must transfer the registration to an EU entity in order to continue their sale/import into the EU.

Note the exception of Northern Ireland (NI): The ‘Northern Ireland Protocol’ forms part of the Withdrawal Agreement. Due to this, UK REACH will only apply to Great Britain – EU REACH will continue to apply in Northern Ireland.

You are UK-based; hold an EU REACH Registration; and sell/import into UK

This is where the concept of ‘grandfathering’ comes in. EU registrations held by UK-based companies will be ‘grandfathered’ directly into UK REACH. This must be followed by the provision of basic information to the HSE and a later registration. The full registration process must be completed according to the deadlines stated above.

You are a UK-based downstream user of an EU REACH registered substance; and import from EU into UK

Ensure your supplier has a valid UK REACH registration; or, switch to an alternative supplier who is compliant.

Alternatively, you can continue to import, but the following actions must be taken:

UK downstream users must notify HSE using a Downstream User Import Notification (DUIN) of their intention to continue importing substances
A new registration under UK REACH must then be completed according to the deadlines stated above

You are EU-based; hold an EU REACH Registration; and sell/import into UK

EU based companies who import chemical substances into the UK must ensure those substances are registered under UK REACH. Only UK based entities will be able to complete a UK REACH registration. Companies in this scenario should use a UK based Only Representative (OR) to complete the UK REACH registration on their behalf. The UK customers of the EU-based entity would then retain their downstream user status.

Authorisations

New authorisations (after 01/01/2021):

EU REACH authorisations granted to EU companies can no longer be used to support use by UK companies
New authorisation applications, and any authorisations still waiting for ECHA approval on this date, must be submitted to UK REACH

Existing authorisations:

All existing authorisations will be recognised by UK REACH

Online service

From 01/01/2021, the online service ‘Comply with UK REACH’ will be available. This can be used to:

Provide information on existing UK-held EU registrations (‘grandfathering’)
Submit downstream user import notifications (DUIN)
Submit new substance registrations
Submit new product and process orientated research and development (PPORD) notifications

How TSG can help

At the time of writing there is still uncertainty about the exact nature of what will transpire at the end of the transition period. In the event of a ‘No Deal’ scenario, compliance requirements will be as stated in the Statutory Instrument, and as summarised here.

Preparation is not always smooth and straightforward under such uncertain conditions, and especially for smaller entities who may suddenly find themselves with new compliance obligations.

This is where TSG can assist with your compliance activities. This could be in the form of:

A rapid assessment of your portfolio and the provision of advice as to what your immediate and long-term obligations are
Assistance with provision of information required following the ‘grandfathering’ of registrations into UK REACH
Provision of Only Representative (OR) services on your behalf based on your continuing business needs
Support with Authorisation proposals under both UK REACH and EU REACH
Other support as required