No. 4 Regulatory at a Glance | UK REACH

Following the UK’s withdrawal from the EU, the EU REACH Regulation has been replicated in the UK with the necessary changes to bring it into line with the domestic context. The key principles of the EU REACH Regulation have been retained.

As of 1 January 2021, the UK REACH and EU REACH regulations operate independently from each other.

Under the Northern Ireland protocol, EU REACH continues to apply to Northern Ireland, while UK REACH will govern the access of substances to the British market.

UK REACH applies to the majority of chemical substances; those used in industrial processes and daily life.

The aims of UK REACH include:

  • To provide a high level of protection of human health and the environment from the use of chemicals;
  • To make people who place chemicals on the market (manufacturers and importers) responsible for understanding and managing the risks associated with their use;
  • To promote the use of alternative methods for the assessment of hazardous properties.

 

UK REACH:

  • Covers all sectors manufacturing, importing, distributing or using chemicals as raw materials or finished products (not only the chemical industry);
  • Applies regardless of your company size;
  • Makes you responsible for the safe use of the substances you place on the market or use;
  • Requires every actor in the supply chain to communicate information on the safe use of chemicals.

For a downstream user or distributor under EU REACH, or a downstream user by virtue of an Only Representative (OR) agreement, transitional provisions have been put in place that aim to minimise disruption to your business.

By submitting a notification to the Agency within the first 300 days of the end of the transition period, you effectively defer your registration obligation for up to 6 years after the end of the transition period.

If importing chemicals into GB for the first time, no transitional provisions will apply, a new registration under the UK REACH regulation must be submitted.

Downstream User Import Notification (DUIN)

GB-based companies that were downstream users or distributors prior to the end of the transition period, under EU REACH, will become importers when UK REACH comes into force.

Downstream users and distributors, under EU REACH, must notify the Agency regarding the substances that they wish to continue importing into GB from the EU. This notification must be made within the first 300 days after the end of the transition period. Once the notification is completed, the obligation for registration is effectively deferred until up to 6 years plus 300 days after the end of the transition period. If you opt not to submit a notification, then either a full registration would be due for any substances imported at or above one tonne per year, or that import must cease. A non-GB based manufacturer, formulator or article producer can appoint a GB-based OR to submit notifications under Article 127E on behalf of their GB-based importers. This OR can only be appointed once UK REACH is in force. GB-based importers that were regarded as downstream users due to the appointment of an EU-based OR (under EU REACH) are also able to submit a notification under Article 127E.

A downstream user import notification (DUIN) is not a pre-registration. The concept of pre-registration does not exist under UK REACH.

After submitting a notification under Article 127E, you are not obliged to register unless you wish to continue importing the notified substance after 300 days plus either 2, 4 or 6 years of the end of the transition period.

The registration deadline depends on the tonnage and/or hazard profile of the substance. Only substances should be notified, not mixtures.

If you import mixtures, you will need to consider the individual substances within those mixtures and calculate if any will be imported at or above one tonne per year.

The information requirements for registration under UK REACH are identical to the requirements of EU REACH.

Where there are multiple registrants for a substance, this information will be submitted jointly.

The information herewith given is based on our present knowledge. Any conclusion and recommendation are made without liability on our part. Buyers and users are advised to make their own assessment under their own conditions and for their own requirements.