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Do Enterprises Need to Comply with UK REACH Immediately after UK left EU

from HSE by

On 31 January 2020, UK formally left EU. The two sides have yet to reach any substantive agreements on the key issues (trade, safety), and will seek a new UK-EU trade agreement in the remaining 11 months of the year.

As UK is not a member state of EU any more, do related enterprises need to comply with UK regulations as soon as possible?

According to the latest new from Health and Safety Executive (HSE), although UK is not a Member State of the EU, However, until the end of the transition period market access, the UK-EU trade, should continue on the same terms as before. That is to say, the EU regulations still apply during the transition period:

  • The registration, authorization, and classification completed before UK left the EU will still be valid;
  • The EU REACH regulation will still apply to UK;
  • The process for substances registration remains the same, UK enterprises are still required to submit applications for registration to ECHA;
  • UK will recognise all new registrations, authorizations, as well as classifications granted by EU;
  • Currently, HSE is not able to act as under the Plant Protection Products, Biocides and REACH regulations. But will work with affected businesses to minimise disruption and delay to any ongoing assessments;
  • UK-based businesses have the same rights as EU-based businesses to have their cases accepted and processed by ‘leading authorities’ based in other EU member states;
  • HSE will continue to process product applications under the Plant Protection Products regulations and Biocidal Products Regulation for the UK market under the national authorization route.

Brexit will not affect the normal trade during the transition period. Before 31 Dec. 2020, EU REACH will still be valid. EU and UK will continue to negotiate new arrangements.

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