Independent of the EU, the UK version of REACH will be implemented in 2021

The British Health and Safety Commission HSE has updated the guidelines of the UK Chemical Registration, Evaluation, Authorization and Restriction Regulations (UK REACH). Starting from January 1, 2021, UK REACH will be implemented independently of EU REACH. The production, sale, and import of chemical substances/configuration products/items in the UK and EU markets need to comply with the specific requirements of the two regulations at the same time.

At the same time, according to the "Northern Ireland Agreement" reached with Northern Ireland, the production, sale, and import of chemicals in the Northern Ireland market will continue to comply with EU REACH regulations and not be subject to UK REACH supervision. UK REACH applies to England, Scotland, and Wales.

As a Chinese chemical manufacturer, if you want to continue to trade chemicals in the UK and EU markets, how should you deal with these two regulations?

1. As a Chinese manufacturer, you have entrusted EU OR to complete EU REACH registration

If your company is a non-EU/non-UK manufacturer, you have entrusted the EU's OR to register substances under the EU REACH regulations.

Starting from January 1, 2021, if your company wants to trade in the UK, it needs to be submitted to HSE by UK importers in the supply chain after Brexit (currently UK downstream users) before October 27, 2021 Downstream User Import Notification (DUIN); or your company entrusts an OR in the UK to submit a DUIN notification before October 27, 2021. Then, depending on the chemical hazard and tonnage, complete registration information is submitted within 2, 4 or 6 years after October 28, 2021, and the registration will be regarded as a new registration.

2. As a Chinese manufacturer, you have entrusted UK (except Northern Ireland) OR to complete EU REACH registration

If your company is a non-EU/non-UK manufacturer, you have entrusted the British OR to register the substance under the EU REACH regulation. Starting from January 1, 2021, your EU REACH registration number will no longer exist.

If your business wants to continue to trade in the UK, based on the "grandfather clause", your UK OR should submit basic information to HSE before April 30, 2021. HSE will issue a UK REACH registration number. However, it is still necessary to supplement the complete registration information within 2, 4 or 6 years after October 28, 2021, depending on the chemical hazard and tonnage.

If your company wants to continue trading in the EU, you need to transfer the EU REACH registration number to OR within the EU before December 31, 2020.

3. As a Chinese manufacturer, you are not expected to complete EU REACH registration before 2020.12.31

If your company wants to trade in the UK, you need to ensure that the UK REACH registration number is available in the supply chain, otherwise you need to entrust the UK OR to complete the UK REACH registration before entering the UK market.

Companies that have not completed EU REACH registration cannot apply the aforementioned DUIN notification clause or grandfather clause. This means that the UK OR needs to be entrusted to carry out UK REACH registration.

The "UK REACH Compliance" IT system officially launched in the UK from January 1, 2021 will include the submission of DUIN notifications, the application of grandfather terms, and the submission of new registrations. It is recommended to collect and update the role relationships in the supply chain in time to prepare for UK REACH as soon as possible.

common problem

Q&A 1 Our company is a Chinese manufacturer, can we entrust British OR to carry out DUIN notification and formal registration? If an OR is entrusted, does my UK importer still need to be notified and registered?

The non-UK manufacturer/manufacturer entrusts the UK OR to perform DUIN notification and formal registration. His role as a UK importer is still a UK downstream user, so he no longer has the obligation of notification and registration.

Q&A 2 Our company is a Chinese chemical manufacturer. We have not registered with EU REACH before and want to trade in the UK in the future. Does UK REACH have pre-registration and post-pre-registration similar to EU REACH?

There is no pre-registration or post-pre-registration for UK REACH. Companies that have not completed EU REACH registration before 2020.12.31 cannot apply the DUIN notification clause or grandfather clause, and can only enter the UK market after completing the official UK REACH registration. Formal registration is similar to EU REACH, first submit an "inquiry" before submitting a joint file. Under UK REACH, the principle of "one substance, one registration" is still followed.

Q&A 3 Our company is a Chinese chemical manufacturer. We have previously registered with EU REACH and have purchased the right to quote the entire set of data from the lead registrant. Can I directly use this set of data to submit the formal registration of UK REACH?

Not possible. The data citation rights you purchased under EU REACH are limited to use under EU REACH in most cases. In order to submit the formal registration of UK REACH, your OR needs to negotiate with the data holder again, negotiate the data sharing and allocation model, and reach an agreement. Only after the data holder grants you the right to use the data under UK REACH, can the data be used to submit the official registration of UK REACH.

Q&A 4 What information does the company need to provide to submit a notification? Will there be a charge for submitting a notification?

To submit a notification, you need to submit relevant information about the manufacturer/importer, part of the information about the registered substance, information about the risk control measures, and your registration number. There is no administrative fee for submitting the notification itself. However, please note that you need to supplement the complete registration information within 2, 4 or 6 years after October 28, 2021 for official registration. For official registration, you need to pay the corresponding administrative fee according to the tonnage. The administrative fee model under UK REACH also refers to the EU REACH regulations on administrative fees, which are divided into standard fees and preferential fees for small, medium and micro enterprises.

Q&A 5 Our company is a member of a joint registration under EU REACH, and the lead registrant and data holder of the joint registration is a British company. What will happen to our registration after Brexit?

After 2020.12.31, the EU REACH registration completed by British companies will no longer exist. If the lead registrant in the UK wants to continue trading in the EU, they must take the necessary actions.

If they are manufacturers, they can entrust the EU's OR to handle the registration and lead registrant duties. Under the following circumstances, they can also transfer their existing registration to the EU enterprise through the change of legal entity, and retain the identity of the manufacturer. (A) British manufacturers transfer to the EU through acquisition or relocation; (B) Transfer operations/manufacturing activities within the group to the European Union. With the change of legal entity, British companies must stop production.

If they are importers, the only way for them to maintain the status of the lead registrant is to transfer their import activities to the EU, and then change the legal entity in the REACH-IT system.

However, if the British company does not intend to remain in the EU market and therefore does not take the necessary actions, then the joint registrant will need to elect a new lead registrant. All joint members are eligible to serve as the lead registrant. Joint registrants need to reach some agreements, including that the original lead registrant will no longer perform its duties, the shared information can be transferred to the new lead registrant predictably, while ensuring that data sharing and cost sharing can continue in the future.