UK REACH, the independent chemical management regulation in Britain, has come into force from 1 Jan. 2021. UK REACH provides the regulatory framework for chemicals in England, Wales and Scotland (hereinafter referred to as GB). Under the Northern Ireland Protocol, the EU REACH Regulation continues to apply to Northern Ireland. After UK REACH takes effect, businesses that manufacture or import (from outside GB) 1 tonne or more of any given substance, components in mixtures or substances in articles (if these substances are intended to be released during use) each year are responsible for registering that substance with the Health and Safety Executive (HSE).
The supporting IT System, Comply With REACH also went online on 1 Jan. 2021. Related enterprises are able to complete Grandfathering, DUIN as well as new UK REACH registrations through the system.
At present stage, companies need to ensure that the relevant duties are met.
Details are as follows:
GB-based holders of EU REACH Registrants and GB-based legal entities that held an EU REACH registration and transferred it to an EU-based legal entity at any point after 29th March 2017 (the date the UK notified its intention to leave the EU) and before 31 Dec. 2021 are subject to Grandfathering. To obtain the UK REACH registration number, related registrants must submit basic information, including substance information, enterprise information, EU REACH registration number to HSE before 30 Apr. 2021. Full information shall be submitted to HSE within 2,4 or 6 years from 28 Oct. 2021 (depending on the tonnage band and hazard profile)
Grandfathering is exempt from administrative fee.
2. Downstream User Notification - DUIN
GB-based legal entities that were importing substances, mixtures and articles (containing substances that are intended to be released during use) into GB from 29 Mar. 2017 to 31 Dec.2020 shall complete DUIN. Manufacturers, formulators and article producers based outside of GB that have completed EU REACH registration before 31 Dec. 2020 is able to appoint a GB-based OR to notify on behalf of their GB-based importers. Related enterprises shall notify with HSE before 27 Oct. 2021 to ensure the continuity of trade. Once the notification is completed, the registration obligation is effectively deferred until up to 2,4 or 6 years plus 300 days (namely 28 Oct. 2021) after the end of the transition period. If related enterprises wish to continue importing into UK after the deadline, they need to submit a new registration to HSE for each substance that they wish to continue importing, complying with the full information requirement for your tonnage band under UK REACH. The first step to any new registration is to submit an Article 26 inquiry. Notification fee is not collected. But related enterprises must pay the administrative fee of new registrations under UK REACH.
Transition Period for Grandfathering and DUIN is as follows:
Deadline post 28 October 2021
2 years from 28 October 2021
1000 tonnes or more per year
4 years from 28 October 2021
100 tonnes or more per year
6 years from 28 October 2021
1 tonnes or more per year
3. New Registrations
When the provisions for grandfathering and downstream user import notifications do not apply to enterprises that have determined to manufacture or import a substance into GB at or above 1 tonne per year, a complete registration will be required prior to the manufacture or import into GB. In such circumstances, no transitional provisions will apply.
The first step of any new registration is to submit an Article 26 Inquiry. Once related enterprises have successfully inquired about a substance and received the inquiry number, they are able to contact existing registrants, grandfathered registrants and other successful inquirers regarding that substance to discuss about LR election, cost sharing, etc. Registrations shall be submitted jointly.
Under UK REACH, manufacturers, formulators and manufacturers of articles (containing substances that are intended to be released) outside of GB can entrust a GB-based only representative (OR) to perform their duties, including grandfathering, DUIN and new registrations.
CIRS has established a subsidiary in London and is able to provide regulatory compliance services under UK ERACH. If you have any needs or questions, please contact us at firstname.lastname@example.org.