United Kingdom is no longer part of the European Union. During the transitional period expiring by the 31st December 2020, UK and EU will be discussing over future collaborations, meanwhile pre-Brexit regulations will be remaining in force. Therefore REACH and CLP Regulations are applicable to UK companies until the end of the transitional period.

But what does it mean to be in the transitional period? Can I still sell or buy products from UK companies without incurring in penalties or special provisions? Some tips to manage chemicals during the transitional period hereafter.

UK registrants

At the end of the transitional period, a registration held by an UK-based registrant (manufacturer, importer or Only Representative) will no longer be valid in EU. Registrants established in UK are advised to:

• transfer the registration to a subject established in the European Union

or 

• appoint an Only Representative in EU as registrant for the substance.

The same happens in case of joint submission registrations: if the LR (Lead Registrant) is a UK-based company, its role shall be transferred to another co-registrant or OR. 

EU-27 downstream users

At the end of the transitional period a substance which has not been registered according to EU REACH Regulation shall not be imported from UK to EU in quantities ≥ 1 t/year. EU downstream users must evaluate whether the substances they use have been registered by an EU-based company. If this is not the case, they have to:

• find an alternative supplier;

or

• contact the UK registrant to ensure that he will appoint an EU-based Only Representative;

or

• register the substance as an importer (or as Only Representative if appointed by the UK-based registrant).

In order to facilitate this evaluation, ECHA has published a list of all substances only registered by UK-based legal entities.

UK-based Authorisation holders

At the end of the transitional period, an authorization (ref. Title VII of REACH Regulation) held or requested by an UK Company will no longer be valid in EU. This means that also EU-based downstream users who refer to an authorization granted to UK-based company shall not use anymore their substances, unless UK-based authorisation holder ensures that: 

• the import activity is transferred before the end of the transition period to an EU legal entity with official report of the legal entity change;

or

• if the authorisation holder is a manufacturer, he has appointed an EU-based Only Representative before the end of the transitional period.

EU-based downstream user who use substances to which an Authorisation has been granted to an UK-based company

EU downstream user should contact the UK-based authorisation holder in order to ensure that he takes the appropriate measures reported in the previous paragraph. Otherwise, if the authorisation has been applied jointly with other EU-based companies, the EU downstream user may turn on the EU-based authorisation holders supplier to purchase the substance.  

Goods placed on the market before the end of the transition period

Article 41 of the Withdrawal Agreement provides that an existing and individually identifiable good lawfully placed on the market in the EU or the United Kingdom before the end of the transition period may be further made available on the market of the EU or of the United Kingdom and circulate between these two markets until it reaches its end-user.

The economic operator relying on that provision must demonstrate with any relevant document that the product was placed on the market before the end of the transitional period.

According to this purpose, the following definitions shall apply: 

• “Placing on the market”: the first supply of a good for distribution, consumption or use on the market in the course of a commercial activity, whether in return or payment or free of charge. (Article 40(a) and (b) of the Withdrawal Agreement)
• “Supply”: an existing and individually identifiable good, after the stage of manufacturing has taken place, is the subject matter of a written or verbal agreement between two or more legal or natural persons for the transfer of ownership, any other property right, or possession concerning the good in question, or is the subject matter of an offer to a legal or natural person or persons to conclude such an agreement. (Article 40(c) of the Withdrawal Agreement.)

As stated before, negotiations between EU and UK are still ongoing: we will keep you updated. Moreover European Commission has dedicated ”BREXIT-websites” pages to provide additional information:

• https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/future-partnership/getting-ready-end-transition-period_en
• https://ec.europa.eu/info/brexit/brexit-preparedness_en

Font: European Commission