The UK left the EU on the 31st January 2020 and if there is no extension to the 11 month transition period, then UK REACH Regulations come into force on the 1st January 2021.
Exactly how this will affect your company will depend on where your company currently sits in the supply chain and where the REACH Registration is currently held (UK registrant or EU based registrant).
If your company has any of these roles it is worth considering how this will affect you:
- UK based REACH registrant
- UK based Only Representative
- UK based manufacturer
- EU 27 based REACH registrant company
- Manufacturer outside the EU importing into UK and EU 27
- UK based downstream user or a distributor of an EU REACH registered chemical
- Do you plan to continue to export into Europe from the UK?
If so, you should consider:
- If you are a UK manufacturer consider appointing an EU company as your Only Representative to register under EU REACH
- As a UK formulator, select suppliers with EU REACH registrations so you comply with EU REACH
- If you import from non-EU countries and distribute to companies in the EU, you may need to comply with EU REACH. This may take 6 months or longer to organise so action to resolve compliance issues should be started as soon as possible.
- Do you plan to continue to import into the UK from the EU?
If so, you should consider:
- If you are an EU manufacturer consider appointing a UK company as your Only Representative to register under UK REACH
- As an EU formulator, select suppliers with UK REACH registrations so you comply with UK REACH
- If you import from non-UK countries and distribute to companies in the UK you may need to comply with UK REACH. This may take more than 2 years to organise, especially if there is no company willing to take on the role of Lead Registrant (LR). Action to resolve compliance issues should be started as soon as possible.
- If you are currently a downstream user either directly or in articles you will become an importer and you will need to compete a “notification”
In order to comply with UK REACH you should consider carrying out the following actions over the next 11 months:
- Decide which of your company’s substances need to be notified under UK REACH. This needs to be carried out within 180 days of UK REACH coming into force, in order to continue to manufacture or import chemicals into the UK. Review of your supply chains is recommended as you may find you become an importer under UK REACH.
- Prepare to set up your UK REACH-IT account as the portal for notifications. Once the system is live, you will be able to appoint the legal entity’s organisation with the capability to invite others and set their role.
- Check your registrations under UK REACH to identify those with a UK based REACH registrant which will have grandfathering rights and prepare to grandfather the registrations (provide basic information within 120 days of the UK leaving EU).
- Prepare for Registration under UK REACH which must be completed within 2 years of UK REACH coming into force. All of your company data will currently be in EU REACH-IT and it is suggested by HSE you download this all so you have it when your access to EU REACH-IT is closed. If you have not previously registered under EU REACH, consideration should be given to appointing a specialist to assist with the registrations under UK REACH.
- Contact EU REACH SIEFs to discuss the purchase of LoAs for joint registrations under UK REACH. If necessary appoint a trustee to carry this out on your behalf.
- If the LR under EU REACH is not registering under UK REACH, work with other UK based registrants to appoint a LR and negotiate access to the study data. This will involve contacting other registrants and their contact details can be obtained through EU REACH-IT.
In our experience, it can take a minimum of 6 months to negotiate access to study data and this is further complicated by the lack of clarity on whether data sharing rules apply to UK REACH. Our experience also suggests it can take up to 9 months to map out supply chains within Europe and as UK REACH will enter into force within the next 11 months it makes sense to start preparing to comply now.
If you need any advice on understanding how BREXIT will affect your company, negotiating access to study data, mapping supply chains or Only Representative services please contact Sarah Henly (firstname.lastname@example.org) or Peter Godfrey (email@example.com) who would be happy to discuss planning your compliance under UK REACH.
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