As we continue on the journey through UK REACH CIRS has gained invaluable practical experience. Since the beginning of UK REACH CIRS has become the Only Representative for 600+ clients globally we have also completed 500+ DUIN, assisted UK clients by Grandfathering 70+ registration, and completed the Full registration of 20+ substances on behalf of our clients. Over the last year, this experience coupled with the continuous communication with the HSE has allowed us to remain up to date with all the developments and nuances of the UK REACH requirements. CIRS would like to share the information we have gathered to date as well as the latest information that has come out from the HSE in recent weeks.
Lessons From our Practical Experience
As previously mentioned, CIRS has processed over 500 DUIN applications and completed the full registration of over 20 substances on behalf of our clients. In our experience, any company that has processed or may in the future process a UK REACH registration should consider the following points.
UK REACH as a whole is currently in a transition period where the full registration of chemical substances will be completed on a phased basis depending on the hazardous nature of the substance and the quantity of that substance being placed on the UK market. This system aims to ensure that for suppliers and downstream users their businesses will remain largely unaffected during this time and allow trade as was seen under EU REACH. Substances that were registered by Suppliers under EU REACH and then who processed Grandfathering or DUIN for those substances are considered “Protected Transitional Substances”. The UK REACH regulations for this, specifically link Suppliers to Customers and UK REACH to EU Registrations. These vital details mean that changing supplier during the “UK REACH Transitional Phase” is NOT a simple and easy process.
Due to this, two common scenarios may arise, which suppliers and customers should be aware of.
Scenario 1: Non-UK based manufacturer or formulator has appointed a UK-based OR, who then undertook the requisite DUIN Notification on their behalf. The non-UK company would like to supply a new UK-based company that they have never supplied before.
The DUIN process was allowed because of the existing supply chain between the non-UK supplier and the UK-based customer. Therefore, the Supplier, OR, and Customer are all linked under the definition of “Protected Transitional Imports” as the Product was EU registered with Existing UK/GB customer and the Product had been supplied between the 31st of January 2019 and the 1st of January 2021.
As the non-UK company has never supplied this ‘New’ UK customer before they do not meet the requirements of DUIN. Additionally, the Non-UK entity would not be able to rely on the OR’s DUIN notification as the product would not benefit from ‘protected transitional import status’ and the NRES process will apply in order to be able to supply this ‘New’ customer.
Scenario 2: UK-based entity imported EU REACH registered products they undertook a DUIN Notification themselves and would now like to change supplier of their product.
As seen in Scenario 1 the DUIN process was allowed because of the existing supply chain between the non-UK supplier and the UK-based customer. The customer/importer benefits from “Protected Transitional Imports” status as the Product was EU registered with an Existing UK/GB customer and the Product had been supplied between the 31st of January 2019 and the 1st of January 2021.
The UK-based customer’s DUIN allows them to purchase from an alternative source so long as the new supplier of the product is registered within the EU REACH system. If they wish to purchase from a company that does not have an EU REACH registration for the product, then the NRES process will apply.
Our UK REACH Service
- Down Stream User Notification (DUIN)
- Only Representative (OR) Service
- Lead Registrant
- Joint Submission
- Chemical Safety Report (CSR) Compilation
- Testing Coordination/Supervision
- Alternative methods (QSAR, Read-Across, In-vitro, Grouping, etc.)
- SIEF Management Service
- Development of Exposure Scenario (ES)
If you have any questions or would like to enquire about any of the services we can offer your business, please feel free to contact us as we would be happy to help.
Senior Regulatory Consultant in CIRS Europe
Phone: +00 353 (1) 477 3706