Brexit & REACH
On 23 June 2016, the majority of the United Kingdom (UK) voted to leave the EU and on 29 March 2017, Prime Minister Theresa May invoked Article 50 of the Treaty on European Union, the formal mechanism for leaving the EU. Today, 31st of January 2020, the UK will leave the European Union at midnight (Brussels time).
With this in mind, what are the implications concerning the EU REACH regulation and its application in the UK?
- The UK will no longer be a Member State after the withdrawal date. As a third country, the UK will no longer be represented in the EU institutions (such as the European Parliament and the Council), agencies, bodies and offices.
- However, during the upcoming transition period starting 1 February 2020 and lasting at least until 31 December 2020 the EU REACH Regulation and all other EU law will continue to apply in the UK as it currently does.
- In other words, during the transition period it will be “business as usual” for businesses in both the EU and the UK. ECHA IT tools (including REACH-IT) will remain available to UK companies until the end of the transition period.
- Possible consequences such as for REACH Registration will take effect only after the transition period. The timeline for transferring the UK registrations would therefore shift to the end of the transition period.
- The transition period will be used by the EU and the UK to agree on a new partnership for the future. These negotiations will also determine if a separate UK REACH regime will apply after the end of the transition period.
For further information please check / keep on monitoring the following:
*Assuming that the EU and the UK, as Parties to the Withdrawal Agreement, complete their respective ratification procedures and notify the depositary of the completion of those procedures in January 2020, the Withdrawal Agreement will enter into force respectively on 1 February 2020.
REACHLaw Office in the UK
REACHLaw UK Ltd. Address: 55 Baker Street. London. W1U 7EU
Contact Persons:
- Steve George, Interim Director, REACHLaw UK Ltd. Email: Steve.george@reachlaw.fi
- Frederik Johanson, Partner at REACHLaw Ltd. Email: frederik.johanson@reachlaw.fi
UK REACH Service
Via our London office, we are able to provide you with Only Representative Services
Purpose of the Service
The purpose of the service is to provide the non-UK Customer with UK REACH services according to the provisions of UK REACH Regulation. As the appointed Only Representative in the UK REACHLaw manages all related UK REACH regulatory requirements necessary for placing the Customer’s substances on the UK market.
For Whom
The service is for Customers located outside the UK placing their chemical products on the UK Market.
Services
The scope of the services provided below represents the general approach towards service delivery. Upon separate request the scope of the services may be adjusted depending on the specific service needs of the Customer.
UK REACH Co-Registration Service
REACHLaw provides Customer services for compliance with registration requirements under UK REACH. This includes the preparation of registration dossier in IUCLID format to HSE. REACHLaw will also manage the communications between the relevant consortium or lead registrant in order to obtain the required letters of access. Further, REACHLaw will verify substance identity, conduct the necessary negotiations to obtain the letter of access, communicate with other registrants, submit the registration in the required format, manage the necessary HSE payments and provide the Customer with a registration certificate once registration has been accepted and maintain the registration in accordance with the requirements of HSE.
UK REACH Lead Registration Service
REACHLaw’s UK REACH Lead Registration involves the preparation of technical lead registration in IUCLID format to HSE. We will also collect relavant substance specific information from both the Customer and relevant data holders, analyse the information, conduct relevant tests, prepare the Chemical Safety Report/Assessment including necessary Exposure Scenarios and submit the dossier to the HSE. In addition, REACHLaw will manage the data sharing, cost sharing and registration cooperation agreements. After a successful lead registration REACHLaw will provide to the Customer with proof of registration including the UK REACH registration number.
UK REACH Safety Data Sheets
REACHLaw will compile the CSR-aligned extended safety data sheets to comply with UK regulatory requirements. Exposure scenarions may need to be included in the SDS and will be prepared based on the exposure assessment.
EU REACH RIGHTS TRANSFER
Purpose of the Service
The purpose of the service is to provide the Customer all necessary regulatory support, irrespective of the outcome of the Article 50 TEU negotiations, as a risk mitigation measure to transfer the Customer’s REACH rights to Customer’s selected legal entity appointed as only representative to preserve Customer’s REACH rights intact in any eventuality upon the UK’s exit from the EU.
For Whom
The service is for EU REACH registrants located in the UK placing their chemical products on the EU Single Market.
Services
The scope of the services provided below represent the general approach towards service delivery. Upon separate request the scope of the services may be adjusted depending on the specific service needs of the Customer.
Transfer of UK manufacturer REACH registrations to an EU-27 legal entity as only representative
Purpose of the service: As the UK leaves the EU, manufacturers in the UK who are REACH registrants will undergo a status change from a manufacturer in a Member State to a manufacturer in a third country according to REACH regulation and ECHA guidance. To preserve REACH registrations intact it is necessary to transfer registrations to an EU-27 legal entity as an only representative. ECHA will provide the necessary special IT-support to achieve this transfer.
REACHLaw responsibilities: REACHLaw will provide resources and expertise for the transfer and will support the appointed only representative to preserving and maintaining the Customer’s EU REACH registrations and other related rights according to REACH regulation and ECHA requirements.
Customer responsibilities: The Customer provides REACHLaw with all necessary company and substance related information in the format as requested by REACHLaw.
Deliverables of the service: The initial transfer service is delivered when the registrations have been transferred to the appointed legal entity. REACHLaw will then continue to support the appointed Only Representative
EU REACH & UK REACH out-tasking service
Purpose of the service: As the UK leaves the EU, REACHLaw stands ready to take on the responsibility also for managing the Customer’s ongoing compliance activities in relation to UK REACH so that upon Customer’s regulatory status change the Customer’s rights are preserved intact as far as enabled the ECHA specially supported IT-functionality for this purpose.
REACHLaw responsibilities: REACHLaw provides resources and expertise for the transfer of REACH related rights and obligations and will accept responsibility for managing the Customer’s various REACH processes according to mutual agreement with Customer.
Customer responsibilities: The Customer provides REACHLaw with all necessary company, substance and process related information in the format as requested by REACHLaw.
Deliverables of the service: The service is delivered when the agreed tasks have been transferred under the management of REACHLaw
Brexit regulatory consulting service
Purpose of the service: Additional consulting can be ordered by Customer in writing (for example by email) and it is invoiced on a time and material basis. The price of consulting is as per price list. The minimum charge for consulting provided outside Finland is for one day (8 hours); if the actual time needed for consulting is less than 8 hours, travel time shall only be charged in so far and to the extent that consulting and travel time exceed 8 hours in total. Consulting services and related travel and accommodation costs will be invoiced on a monthly basis. Typical Brexit regulatory consulting services are meetings in person to resolve issues related to transfer of rights subject to status changes as a result of the UK’s exit from the EU.
REACHLaw responsibilities: REACHLaw provides the Brexit regulatory consulting services as per agreement with the Customer.
Customer responsibilities: Customer provides the necessary documentation as per agreement with REACHLaw.
Deliverables of the service: As per agreement.
