The United Kingdom (UK) Health and Safety Executive (HSE) published a REACH eBulletin on February 26, 2021, announcing upcoming deadlines for businesses for UK REACH. As reported in our February 9, 2021, memorandum, “Following Brexit, UK Establishes New Chemical Regulatory Regimes,” the UK brought the European Union (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation into law on January 1, 2021, as UK REACH. According to HSE, measures have been put in place to mitigate the costs and impacts to businesses as they transition from EU REACH to UK REACH. The upcoming deadlines for businesses include:
Great Britain (GB)-Based Holders of an Existing EU Authorization
Existing EU authorizations have been carried over (grandfathered) into UK REACH. This includes the review period and any conditions attached to the authorization. Grandfathering will not incur a fee from HSE. Within 60 days of the end of the Transition Period (March 1, 2021), companies must supply HSE with technical information relating to the authorization.
The required information is:
- The information included in the application for the EU authorization;
- Any other information provided to the European Chemicals Agency (ECHA) by the applicant for the authorization that was material to the formation of ECHA’s opinion; and
- Any information required to be submitted or recorded before the end of the Transition Period under any condition under which the authorization is granted.
Information should be submitted by email in IUCLID 6 format to firstname.lastname@example.org, using the subject “GB-based holder of an existing EU Authorisation (Art 127F).” More information is available on HSE’s website.
GB-Based Downstream Users of an Existing EU REACH Authorization Held by a UK or an EU/European Economic Area (EEA) Company
Companies can continue to use the substance in accordance with the authorization. Within 60 days of the end of the Transition Period (March 1, 2021), companies must confirm to HSE:
- That the company is an existing authorized downstream user under EU law in relation to the substance;
- The existing EU authorization number;
- Any conditions set out in the existing EU authorization; and
- The identity of the supplier of the substance.
Information should be submitted by email to email@example.com using the subject “GB-based DU of an existing EU authorisation (Art 127H).” More information is available on HSE’s website.
GB-Based Producers and Importers of GB-Based Products Who Have Previously Submitted an Article 7(2) Notification to ECHA
If a company is not a registrant of the substance concerned but has previously notified ECHA:
- Within 60 days of the end of the Transition Period (March 1, 2021), the company must provide HSE the information previously provided to ECHA under EU REACH.
This can be done via the Comply with UK REACH IT system.
The UK’S withdrawal from the EU on December 31, 2020, and current status as a “third country” from the EU perspective continues to have significant implications for chemical regulatory compliance. The change also imposes significant burdens on companies that must now comply with both regulations when sourcing or supplying chemical substances and mixtures across GB-EU jurisdictional lines, several of which have extremely tight deadlines for compliance.
Regardless of one’s role in the supply chain, this HSE communication underscores the importance of acting quickly to understand one’s rights and obligations under UK REACH to maintain continuity of supply chains and market access.