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Brexit & REACH


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.  On November 2018 EU 27 leaders advocated the draft Brexit withdrawal agreement and approved the draft political declaration about future UK -EU relations. However, the UK Parliament may or may not support the withdrawal agreement settled between the UK and the EU Member States.  If the UK Parliament decides not to back up the withdrawal agreement, this will mean that the UK is due to leave the EU on 31 January 2020, at 11:00 PM (UTC).  Leaving without a deal ( or withdrawal agreement) means the UK would immediately exit the customs union and single market. It also may mean that there won’t be a two-years transition period to allow the EU and the UK to make a trade deal and thus all EU laws may stop applying to the UK immediately.  On the other hand all of the options could be still on the table.

With this in mind,  what are the implications of “no deal” for UK REACH registrants and how can they preserve their market access to the EU/EEA after 31 January 2020 but also after a potential “deal” is reached and a transitional period  ends? 

Under this scenario, where the UK leaves the EU without a deal, UK-based companies that have registered their substances under REACH would need to take actions before an abrupt exit from the EU, if they want to preserve their access to EU and EEA market areas.

This would mean that before the UK becomes a “third country” outside the EU, and as a risk mitigation measure, UK registrants, specifically UK manufacturing companies and UK Only Representatives need to transfer their registrations to an EU/EEA based legal entity such as a subsidiary or to an Only Representative.

In addition, UK based importers may consider transferring their registration(s) to an EU-27/EEA-based legal entity, as long as it is the result of a legal entity change.  The transferring of the registration(s) must take place ahead of the UK withdrawal from the EU and must be notified to ECHA without delay. Unfortunately, in the case of UK importer registrations, transferring of their registrations to an EU Only Representative is currently not possible.

Furthermore, UK downstream users that are currently importing chemicals from an EU/EEA country will have registration obligations after the 31st of December 2020 if they want to continue doing business in EU/EEA market areas.  

CEFIC ( European Chemical Chemistry Council) advises that already now, companies should review their SIEF/Consortia agreements obligations in order to prepare for the future transfer of dossier rights to an EU subsidiary or to an Only Representative so they can take over the EU REACH requirement. 

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
UK REACH Lead Registration Service
UK REACH Safety Data Sheets

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
EU REACH & UK REACH out-tasking service
Brexit regulatory consulting service

See our Case Studies

We invite you to see some examples about our customer's problems and the solution provided. Case Studies