REACH Chemical Legislation (UK Brexit)

On 1 September, DEFRA updated its existing webpage guidance for – How to comply with the EU’s REACH chemical regulations when using, making, selling or importing chemicals in the EU, and how to prepare for 1 January 2021 – here.

Per the webpage –

UK REACH, the UK’s independent chemicals regulatory framework, starts on 1 January 2021. Anyone making, selling or distributing chemicals in the UK and the EU needs to follow UK REACH and EU REACH rules.

UK REACH will maintain EU REACH’s aims and principles. These include:

• the “no data, no market” principle

• the “last resort” principle on animal testing

• access to information for workers

• the precautionary principle

The government intends to extend the deadlines for submitting data under UK REACH transitional provisions subject to scrutiny by parliament and the devolved administrations. This guidance includes these extension dates rather than those currently provided in UK REACH legislation.

Please note the new deadlines in the DEFRA updated webpage.

GB-based companies currently registered with EU REACH will no longer be able to sell into the EEA market without transferring their registrations to an EU/EEA-based organisation. This registration transfer stipulation is set out in the EU instruction notice – here.

Registration transfer to an EU/EEA-based Organisation will not apply in Northern Ireland. We await confirmation on the application of UK REACH in Northern Ireland.

Per the webpage –

Under the Northern Ireland Protocol, the process for Northern Ireland businesses moving goods to and from the European Union under EU REACH will not change from 1 January 2021. Further guidance will be published for NI businesses moving goods into the GB market.

EU REACH registrations held by UK-based companies will carry across directly into UK REACH, legally ‘grandfathering’ the registrations into the new regime.

UK-based holders of existing EU REACH registrations may continue the ‘grandfathering’ process by providing basic information to the Health and Safety Executive (HSE) by 30 April 2021.

Holders must complete the grandfathering process within 2, 4 or 6 years of 28 October 2021, depending on their Tonnage Band Deadlines.

Per the webpage –

The information UK-based holders need to provide will be the same or very close to what holders previously provided. Defra will publish any changes to the information needed in September 2020.

Businesses importing chemicals from the EU currently relying on a registration held by an EU/EEA-based company can continue importing substances as they do now on 1 January 2021. They will need to take subsequent actions to ensure that the chemical is registered for UK REACH purposes.

These UK downstream users must notify the HSE using a Downstream User Import Notification (DUIN) of their intention to continue importing substances from the EU/EEA by 27 October 2021.

A new registration must then be submitted to the HSE within 2, 4 or 6 years of 28 October 2021. Alternatively, UK downstream users can encourage their EU/EEA supplier to appoint a UK-based Only Representative (OR), or change their source to a UK registered supplier.

It’s possible to submit DUINs if a chemical is covered by a registration held by an EU/EEA-based OR and then sold into the UK.

The online service ‘Comply with UK REACH’ will go live on 1 January 2021. Businesses can use the service to:

• validate 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

Businesses will need to coontact the HSE to ensure that they:

• validate existing UK-held product and process orientated research and development (PPORDs), known as ‘grandfathering’

• provide information on any authorisation matter,including new authorisation application, grandfathering of existing authorisations, and downstream user notifications of authorised uses

The above is NOT a full list of the stipulations in the updated webpage. Please read all parts of the webpage for all instructions.

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