UK REACH, the UK’s new independent chemicals regulatory framework takes effect from 1 January 2021 following the expiry of the Brexit Implementation Period. This means that anybody that makes, sells, or distributes chemicals in the UK and the EU needs to abide by both the UK REACH and EU REACH rules.
Companies need to review their operations and supply chains and take action to ensure that they retain any relevant authorizations in both markets. Under UK REACH, manufacturers and importers have a duty to register chemicals that access the UK market. Those companies in Great Britain (namely England, Scotland and Wales) (“GB 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 organization. However, there will be no change for the Northern Ireland. Under the provisions of 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.
On 1 September 2020, The Department for Environment Food and Rural Affairs (Defra) published guidance on the application and operation of UK REACH for UK companies. This can be accessed at the following link:
https://www.gov.uk/guidance/how-to-comply-with-reach-chemical-regulations#uk-reach-for-business
This article summarizes that guidance.
UK Companies Holding EU REACH Registrations
So, what is the position for UK companies currently holding registrations under EU Reach?
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. The new UK REACH IT system, ‘Comply with UK REACH’, will be available from 1 January 2021 for these companies to submit the appropriate information. The information needed will be very similar to what holders previously need to provide It is necessary for holders of these authorizations to complete the grandfathering process within 2, 4 or 6 years of 28 October 2021, depending on their specified Tonnage Band Deadlines (see below).
Importing Chemicals from EU/EEA
UK downstream users who do not hold an EU REACH registration but who are currently importing chemicals from an EU/EEA country will need to ensure that the substances they purchase are covered by a valid UK REACH registration. Those companies however currently relying on a registration held by an EU/EEA-based company can continue importing chemicals as they do now on 1 January 2021. Nevertheless, they will need to take future steps to register the chemical for UK REACH purposes. These companies must notify the Health & Safety Executive using a Downstream User Import Notification (DUIN) of their intention to continue importing substances from the EU/EEA by 27 October 2021. As mentioned above information can be submitted using the UK REACH IT system, ‘Comply with UK REACH’, after operations of the new regulatory framework starts on 1 January 2021.
A new registration must then be submitted to the HSE within 2, 4 or 6 years of 28 October 2021 depending upon the appropriate tonnage bands. Alternatively, UK downstream users can encourage their EU/EEA based supplier to appoint a UK-based Only Representative (OR), or change their source of supply to a UK registered supplier.
Tonnage band registration deadlines
Under UK REACH, bands have been set to ensure those chemicals manufactured and imported in high quantities or those that are the most potentially hazardous are registered first The deadlines for the full submission of data to underpin companies’ registration applications will then be spread over a period of 6 years. These deadlines start from 28 October 2021, the end of the DUIN submission period.
| Deadline Post 28 October 2021 | Tonnage | Hazardous Property |
| 2 years from 28 October 2021 | 1000 tonnes or more per year | ● carcinogenic, mutagenic or toxic for reproduction (CMRs) – 1 tonne or more per year ● Very toxic to aquatic organisms (acute or chronic) – 100 tonnes or more per year ● Candidate list substances (as at 31 December 2020) |
| 4 years from 28 October 2021 | 100 tonnes or more per year | Candidate list substances (as at 27 October 2023) |
| 6 years from 28 October 2021 | 1 tonne or more per year |
Source: UK Government
Recognition of Authorizations & Transitional Provisions
All existing authorizations which have gone through the full EU REACH authorization processes (and have a review date) will be recognized by UK REACH. The effect of this is that chemicals can continue to be used by UK companies who rely on these authorizations. However, new EU REACH applications and those awaiting authorization must be resubmitted to UK REACH for approval.
EU Market Access
GB Companies currently holding EU REACH registrations must take action before 1st January 2021 to be able to continue to export chemical substances or mixtures to the EU/EEA markets. Before that deadline they must either:
-transferring their registrations with the European Chemical Agency to an EU/EEA-based entity. For details on how to transfer see the ECHA website:
Although the document was produced last year to take into account a prior agreed UK exit day the document makes the point that the procedures apply equally to a revised exit day (as well as the expiry of the Implementation Period).
– assist their EU/EEA-based importers to obtain an EU REACH registration.
GB Companies currently holding EU REACH registrations must also remember that as from 1st January 2021 they will also need a valid UK REACH registration to put chemicals on the market in the UK. 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.
What You Need to Do?
If you need to either validate UK held EU registrations or to submit downstream user import notifications to continue to access the UK and EU markets you can use the UK Government’s “ Comply with UK REACH” on line service as from 1 January 2021. Businesses can also use the service to submit new substance registrations or submit new product and process orientated research and development (PPORD) notifications.
