As already anticipated by last Normachem news, United Kingdom from the 31st of January 2020 will not be part of European Union anymore. 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. So, REACH and CLP Regulations are consequently going to be applicable to UK companies until the end of the transitional period.

What will happen after the transitional period?  There is uncertainty about the answer, we shall be waiting until the end of the negotiations. It seems that no agreement between the parties will be signed: UK will set its legislative amendments by the upcoming first of year in order to substitute the current EU Legislation. It is expected that negotiations will end not later than October 2020, letting UK set up its official legislative framework.

A Statutory Instrument (SI) about the placing on the market of chemicals was set up in view of the forthcoming exit from the EU scenario bringing some modifications and stuck in the 2019’s edition.

By the beginning of September 2020, DEFRA (Department for Environment, Food & Rural Affairs) published a guideline drawing up the measures to be taken by UK companies by the end of December 2020.This information will be part of the Statutory Instrument text as well as the outcomes of the negotiations. Hereafter a summary of the guide.

Main principles

UK REACH will maintain EU REACH’s targets and principles, including:

• “no data, no market” concept;
• the aim to avoid animal testing;
• access to information for workers;
• the precautionary principle.

The UK REACH will be part of the United Kingdom legislation. If no changes occur, Northern Ireland will still be part of the EU REACH even after the 1st of January 2021.

UK base companies owning EU registrations

EU REACH registrations held by UK-based companies will be moved directly into UK REACH, by the so-called automatic process of “grandfathering”, after giving some piece of information to the HSE (Health and Safety Executive) in two steps:

• 1° STEP: deadline by 30 April 2021. Company must provide general information (e.g. substance identity, company information, registered tonnes and evidences of the registering dossier)
• 2° STEP: deadline according tonnage band (see table below). Company must provide specific information about the registration dossier. Nobody knows the specific information requirement even if the guideline cites “UK-based holders need to provide information similar to what previously provided”

EU market access for UK business

UK Downstream users Companies  are now relying on an EU registration, will be officially importers by the beginning of the upcoming year (01/01/2021) and they will need to start their UK REACH registration.

The UK-REACH registration process will be possibly performed in two steps:

• 1° STEP: deadline by 27 October 2021. UK importers must notice   to HSE (DUIN, Downstream User Import Notification)  their will to continue importation.
• 2° STEP: deadline according tonnage band (see table below). Providing the registering dossier.

Otherwise UK companies can encourage their EU supplier or to appoint an UK-OR or to continue the source of products from UK.

Authorisations

All existing authorisations which have gone through the full authorisation process will be recognised by UK REACH. New authorizations will need to be submitted under the UK Regulation.

The aforementioned guidance published by DEFRA announces that an online service “comply with UK REACH” will be available from the coming 1st of January with the following tools:

• “granfathering” eu reach registration
• duin notification submission for importers 
• new registrations submission
• new ppord notifications submission

Font: UK Government