UK REACH is in force!

Via our Manchester office, we are able to serve you as both your Only Representative and service provider.

REACHLaw provides Only Representative Services for non-GB manufacturers/formulators wishing to UK REACH register their substances to the HSE. 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.

Additionally, we also help as a service provider the GB-based manufacturers, formulators and importers to comply with the UK REACH registration requirements.

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.

“Grandfathering” is the legal mechanism that allows EU REACH registrations held by UK-based companies to be recognised under the UK REACH regime following the UK’s exit from the EU. This process enabled companies to maintain compliance and continued access to the Great Britain (GB) market, covering England, Scotland, and Wales.

GB-based companies that held an EU REACH registration at any point between 29 March 2017 and 31 December 2020 were eligible to grandfather those registrations into UK REACH. This applied to all registration types, including intermediates, and covered importers, UK-based Only Representatives (ORs), and sole, lead, or joint registrants.

To grandfather a registration, companies were required to open an account in the “Comply with UK REACH” IT system and submit the necessary information to the Health and Safety Executive (HSE) by 30 April 2021. Grandfathering allows companies to leverage work already completed under EU REACH, reducing duplication of effort under the UK system.

The UK REACH Grandfathering process included:

• Collecting all available information from the existing EU REACH registration, including the IUCLID dataset and dossier, analytical data, Chemical Safety Report (CSR) where applicable, and supporting source files.
• Submitting the required information, including the latest registration dossier in IUCLID 6 or later format, to HSE via the “Comply with UK REACH” IT system by the specified deadline.

No HSE registration fees apply to grandfathered registrations. Following successful notification, a UK REACH registration number is issued for the grandfathered substance.

A Downstream User Import Notification (DUIN) is a UK REACH transitional measure for Great Britain (England, Scotland, and Wales). Under EU REACH, GB companies sourcing substances from the EU were downstream users or distributors. From 1 January 2021, these companies became importers under UK REACH.

To maintain market access, eligible importers (and UK-based Only Representatives acting on behalf of non-GB manufacturers) were required to submit a DUIN to the HSE by 27 October 2021. A valid DUIN allows companies to continue importing while benefiting from extended UK REACH registration deadlines, depending on tonnage and hazard classification.

Late DUINs

According to HSE guidance, companies that missed the original DUIN deadline may still submit a late DUIN, provided the substance was registered under EU REACH and is imported at 1 tonne or more per year. Late DUINs should be submitted as soon as possible to support continued compliance.

Key Points

• DUINs can be submitted by UK importers or by a UK Only Representative on their behalf
• Submissions are made via the “Comply with UK REACH” IT system
• DUINs are only available where an existing supply chain existed before 1 January 2021
• Where no prior supply existed, a full UK REACH registration is required before import

A New Registration of an Existing Substance (NRES) applies where a substance was previously registered under EU REACH, but you or your supplier did not have an existing supply to Great Britain before 1 January 2021. If you now intend to manufacture or import the substance into GB for the first time under UK REACH, your registration is considered new, even though the substance itself is already known to regulators.

NRES acts as a controlled deferral mechanism, allowing companies to start manufacturing or importing while preparing for full UK REACH compliance. It does not remove regulatory obligations, and a complete registration dossier must still be submitted by the applicable deadline.

UK REACH Inquiry: Where grandfathering is not possible, a registrant must first submit an Article 26 inquiry to the UK REACH authority (HSE) before making a co-registration or lead registration.

Once the inquiry is accepted, the substance can then be registered under UK REACH with HSE.

Key Points

• The first step in any new UK REACH registration is submitting an Article 26 Inquiry.
• Pre-registration does not exist under UK REACH.
• Any pre-registrations previously submitted to ECHA are no longer valid in Great Britain.

After your inquiry is successful and you receive an inquiry number, your contact details (or those of your appointed Third-Party Representative (TPR)) will be shared with:

• existing registrants
• grandfathered registrants
• other successful inquirers for the same substance

This allows registrants to begin data sharing discussions, as required under UK REACH.

REACHLaw provides the Client with all-in-one service for properly compiling and submitting (as member of a Joint Submission) the Co-registration dossier to the HSE via the UK REACH-IT system (“Comply with UK REACH” system) based on data collected from the Client. Additionally, REACHLaw will manage all the communications within the applicable (EU REACH) Consortium and/or Lead Registrant in order to purchase the Letter of Access (LoA) / Letter to Use (LTU). REACHLaw will provide the customer  with a registration certificate once registration has been accepted and maintain the registration in accordance with the requirements of HSE.

REACHLaw’s UK Authorisation service covers support with strategy development for the application (use mapping, scope of the application, uses exempt from authorisation, applying as an individual user or a group of users), preparation of the application reports (Analysis of Alternatives, Socio-economic analysis and sections 9 & 10 of the Chemical Safety Report), submission to the UK HSE and post submission support during the assessment by the UK HSE case team.

If you are a user of a chemical listed on the UK REACH Authorisation List or you use components/products that require use of the chemical in their production), the authorisation requirement will impact your business. Without a granted authorisation, use must cease after a date given in the entry (the so-called sunset date). If you need to continue use of a chemical on the Authorisation list after the sunset date, you will need authorisation. Authorisation is granted by the Secretary of State via a formal application process to the UK HSE.

Our team prepared more than 30 applications under EU REACH and already 2 under UK REACH covering upstream and downstream, individual and joint applications. We have the expertise in-house and will assist you with every step towards a successful application.

Contact us at authorisation@reachlaw.fi for support.

UK REACH PPORD Exemption for R&D

For research and development, substances are often used in quantities below 1 tonne per year, which does not require UK REACH registration. However, larger quantities may be needed, e.g., for drug development or process scale-up.

PPORD Exemption: Companies manufacturing or importing 1 tonne or more per year for Product and Process Oriented Research and Development (PPORD) can apply for a 5-year exemption from registration by submitting a PPORD notification to the HSE.

PPORD Notification Should Include:

• Substance identity and classification
• Details of the R&D programme
• Expected quantity to be used

The HSE assesses the notification and may impose conditions, which must be followed. Relevant customers must also be informed.

Compilation of the CSR-aligned (Extended) UK Safety Data Sheet for the substance in accordance with the requirements of the UK REACH (Annex II) and UK CLP Regulations in English language. Exposure scenarios may need to be included in the SDS and will be prepared based on the exposure assessment.

(Extended) Safety Data Sheets are required for hazardous substances (and mixtures). Exposure Scenarios are only required if the substance(s) have a CSR incl. Exposure Assessment prepared for them.

Note: The CSR (Chemical Safety Report) needs to be available.