From the 1st of January 2021, the UK REACH regulation entered into force in Great Britain (England, Wales and Scotland, whereby some compliance tasks can be handled by companies located in Northern Ireland). Therefore, GB-based companies will need to comply with the UK REACH registration obligations if they manufacture or import substances at 1 t/a or more, as such or as part of mixtures, that are subject to UK REACH registration requirements. Non GB-based manufacturing/formulating companies can register their substances via an Only Representative in the UK.
GB-based companies that have registered their substances under EU REACH, have the possibility to grandfather these substances into the UK system. At the same time, UK downstream users/importers that rely on the registrations of their EU-REACH suppliers, can submit Downstream User Import Notifications – DUINs – for known substances to the UK designated authority – HSE – and benefit from extended registration deadlines.
With this in mind, what are the UK REACH key transitional measures to be done during 2021 and who can benefit from?
“Grandfathering” means the legal recognition of EU REACH registrations by UK based companies in the UK REACH system at the point that the UK leaves the EU. To ensure compliance and continued access to the UK market, GB (England, Scotland, and Wales) -based companies that held EU REACH registrations at least once between the 29 March 2017 and 31 December 2020 have the possibility to grandfather these registrations into the new UK chemicals regulatory regime by opening an account in the “Comply with UK REACH” IT system and submitting the required information to Health Safety Executive (HSE) by 30 April 2021. By grandfathering their substances, companies can benefit from some of the work already done for EU REACH. Grandfathering will apply to all registrations (including intermediates) held by UK-based entities, including importers and UK-based Only Representatives (ORs), and to sole, lead or joint registrants.
- “Downstream User Import Notification (DUIN)” : Any GB (England, Scotland, and Wales) -based company that was sourcing its substances (as such or as part of mixtures) from the EU were considered downstream users or distributors under EU REACH. However, as of 1 January 2021, when UK REACH came into force, these companies have become importers under UK REACH. These companies can benefit from transitional provisions of UK REACH by notifying their substances to the HSE. These so-called Downstream User Import Notifications – DUINs must have been submitted to the HSE by 27 October 2021 in order for these importers to benefit from extended registration deadlines as follows: 27 October 2023, 2025, and 2027 depending on the annual tonnage and the hazards of the substance. These same requirements also apply to Only Representatives based in the UK, representing non-GB based manufacturers and formulators.
- What if you missed the DUIN deadline?
According to new information from the HSE, companies, including Only Representatives, eligible for DUIN that didn’t notify their substances by 27 October, 2021 deadline and wish to continue importing EU REACH registered substances into the GB market at 1 tonne or more per year, can still submit late-DUIN notifications. The HSE recommends doing this as soon as possible.
- What if you missed the DUIN deadline?
Once the key transitional measures have been completed, what are the next steps for the companies to ensure compliance with UK REACH regulation?
- UK REACH Inquiry: Where Grandfathering is not possible, the registrant needs to first inquire with the UK REACH authority – HSE- prior to submitting the actual UK REACH co-registration or lead registration. Once the inquiry has been accepted the substance can be UK REACH registered to the the HSE.
- UK REACH Registration: GB manufacturers and importers of substances must register their substances on their own or contained in mixtures to the HSE if they are manufactured, formulated or imported in quantities of at least one tone per year unless explicitly exempted. UK REACH shares the same one substance, one registration (“OSOR”) principle as EU REACH to avoid, e.g., unnecessary animal testing. Therefore, manufacturers, formulators, importers and UK ORs ( appointed by a non-GB manufacturer/formulator) of the same substance have to submit their registrations jointly to the HSE by the designated registration deadlines as follows:
28.10.2023: Registration Deadline 1:
- ≥ 1000 t/a substances
- ≥ 100 t/a Very toxic to aquatic organisms (acute or chronic)
- ≥ 1 t/a CMR substances
- ≥ 1 t/a Candidate list SVHCs as on EU List on 31 December 2020
28.10.2025: Registration Deadline 2:
- 100 – 1000 t/a substances
- ≥ 1 t/a Candidate list substances that are on the UK REACH Candidate List as of 28 October 2023
28. 10.2027: Registration Deadline 3:
- 1 – 100 t/a substances
Who needs to UK REACH register?
- GB manufacturer or importer of substances on their own or in mixture
- GB producer or importer of articles meeting the criteria of UK REACH registration
- Only Representative established in GB and appointed by a manufacturer or formulator located outside GB to fulfil the registration obligations of importers
At REACHLaw we are happy to provide you with all-inclusive UK REACH registration and related services. Via our office in Manchester we can help you to comply with the UK REACH regulation requirements as your Only Representative or as your service provider.
REACHLaw Office in the UK
Address: The Quays, 1 Lowry Plaza, Salford, Manchester, M50 3UB, UK
- Steve George, Senior Advisor and Director, REACHLaw UK . Email: Steve.firstname.lastname@example.org
- Pietro Di Tondo, Regulatory Manager, REACHLaw UK. Email: email@example.com
- Frederik Johanson, Partner & Sales Director at REACHLaw Ltd. Email: firstname.lastname@example.org