08 September 2020

The Department for Environment, Food & Rural Affairs (Defra) has published guidance on how UK organisations can comply with REACH chemical regulations from 1 January 2021.

While the full guidance is available here, we have listed the main points below.

UK REACH

• UK REACH starts on 1 January 2021 and will uphold the aims and principles of EU REACH.
• Manufacturers and importers have a duty to register chemicals that are intended for the UK market.
• UK-based companies registered with EU REACH will need to transfer their registrations to an EU/EEA organisation or they cannot sell into the EU/EEA.
• The process for organisations in Northern Ireland that will be moving goods to and from the EU will not change from 2021. 

UK held registrations – ‘grandfathering’

• EU REACH registrations held by UK-based organisations will be legally ‘grandfathered’, meaning they move across into the new UK REACH legislation.
• The current grandfathering process can continue for UK-based holders of EU REACH registrations, but they must provide basic information to the Health and Safety Executive (HSE) by 30 April 2021.
• Under UK REACH, the submission of data for registration dossiers must be supplied to the HSE. The information for UK-based holders will be the same or similar to that provided previously. During September 2020, Defra will provide updates on the information required. Holders have 2, 4 or 6 years from 28 October 2021, to submit data, with the deadline based on tonnage bands.

 

EU held registrations for UK downstream users

• UK downstream users who are importing chemicals from EEA/EU countries and do not hold an EU REACH registration will need to ensure that the chemicals they purchase are covered by UK REACH, even if the registration is held by an EU/EEA-based organisation. 
  • By 27 October 2021, 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.
  • A new registration must then be submitted in accordance with the deadlines above. 

Authorisations

• From 1 January 2021, UK downstream users will no longer be able to rely on authorisation decisions for EU/EEA organisations.
• UK REACH will recognise existing authorisations that have gone through the full authorisation process and that have a review date.
• New authorisation applications or those waiting for EU approval will also need to be submitted under UK REACH.

EU Market access for UK organisations

• GB-based entities with an EU REACH registration can continue exporting to the EU/EEA as long as they do one of the following:
  • Transfer their registration to an EU/EEA-based entity.
  • Support their EU/EEA-based importers to become registrants .
• To maintain access to the UK market, GB-based entities with an EU REACH registration will also need to register under UK REACH. 
• The process for Northern Ireland organisations that will be moving goods to and from the EU will not change from 2021. 

Complying with UK REACH

‘Comply with UK REACH’, a new online service, will go live on 1 January 2021 and will enable organisations to:

• Submit DUINs.
• Submit new substance registrations.
• Submit new product and process orientated research and development (PPORD) notifications.
• Validate existing UK-held EU registrations (known as grandfathering).

Importing from the EU to the UK

• EEA/EU based organisations importing into the UK must have a valid UK REACH registration, this can be a UK OR or affiliate UK importer.

How NCEC can help

• NCEC is a UK-based organisation and is part of Ricardo, a multinational company. NCEC is well placed to support organisations manage UK REACH and EU REACH because: 
  • We have legal entities already in place across Europe (and the world) and are ready to act from an EU REACH perspective from our entity in the Netherlands. We also have significant experience of all aspects of REACH, including working through authorisation requirements and dossier reviews.
  • We can act as a UK organisation or on behalf of EU/EEA organisations importing into the UK, including first-time UK REACH registrants. 
  • We have significant experience in all aspects of EU REACH, including working through authorisation requirements and dossier reviews.

 

• We can support organisations to be compliant with UK REACH and EU REACH by: 
  • Grandfathering EU REACH registrations to UK REACH.
  • Completing notifications.
  • Creating dossiers for full registrations.
  • Acting as an ‘Only Representative’:
    • EU REACH or through our entity in the Netherlands.
    • UK REACH or through our UK entity.
  • Providing ongoing help and support throughout the process.   

 

• Our REACH experts, Chris Hughes and Caroline Raine, are members of working groups in the European Chemicals Agency (ECHA); Health & Safety Executive (HSE); Department for Business, Energy & Industrial Strategy (BEIS); and the Department for Environment, Food & Rural Affairs (Defra). This means they will be able to keep our customers up to date with any new changes to the legislation and, most importantly, ensure they remain compliant.

We can help you understand what Brexit means for your business, and how to best take steps to improve your preparedness and business resilience. Contact us if you have any concerns regarding the management of your REACH compliance in the UK or the EU.