A specific registration for the United Kingdom
Just as the companies wishing to sell substances in the European Union have to register them under REACH, companies wishing to sell their substances in the UK will have to register them under UK REACH. The United Kingdom has also been developing its own REACH IT portal: UK REACH IT.
It is not yet sure that the British platform will be functional on 29th March, but the British government reassured the industry with a contingency plan consisting of an email-based system.
British holders of European REACH Registrations should not have to re-register their substances in the UK. However, these registrations will have to be “validated” by the United Kingdom. Companies will be required to provide “initial data” within the first 120 days following Brexit, then the entirety of the necessary data within the first 2 years after the withdrawal.
Different requirements for different roles
Depending on your current role and your future status, you will not be subjected to the same requirements. We will therefore distinguish between EU-27-based manufacturers, UK-based downstream users, and UK-based registration holders.
Manufacturers based in the European Union-27, selling in the UK
They will become, as defined by UK REACH, third country manufacturers. As such, they will need to appoint an Only Representative (OR) based in the United Kingdom to register their substance under UK REACH, or leave it to their future importer (ex downstream user) to register the substance.
UK-based downstream users
Post-Brexit, they will become, substance importers. Thus, they will need to register the substances they import from Europe under UK REACH if they want to keep buying from European suppliers, unless their suppliers register the substances themselves. However, to guarantee continuity on the market, the British government will probably only ask for a (free) notification before requiring a full registration.
UK-based holders of an EU REACH Registration
Their European Registrations will simply be legally recognised by UK REACH after Brexit. They will need to notify the British Health and Safety Executive (HSE) to begin the recognition process, and provide basic information within the 120 days following Brexit then all the technical required documentation within 2 years.
Note that, according to HSE, this recognition rule will be applied to all registrations existing at the time of Brexit, held by British entities, or having been held by British entities at any point in the 2 years prior to 29th March 2019. It means that even if a UK-based company decides to transfer its registration to an EU-27-based OR, such as EcoMundo, in anticipation of Brexit, they should still be able to ask for a UK REACH recognition after Brexit and be compliant with both legislations.
Wish to know more about Brexit and its impacts on your business?
For more information, do not hesitate to contact our expert Fangcun Zhou by phone: +33 1 83 64 20 54 for Europe or +1 (778) 234 1607 for North America or even send him an email at [email protected]
The amendment aiming at postponing Brexit was voted down by British Parliament, but the one mandating the...Read more
France launched its contingency plan in order to re-establish border controls with the United Kingdom. This...Read more