REACh and Brexit

Preparing your REACH Brexit Strategy

Our experts can advise on how your EU REACH and UK REACH obligations may change as the transitional ‘implementation’ period of the Brexit negotiations comes to an end.

Our service can be adapted to suit your requirements, which will depend on a range of factors, including whether you are based in mainland Europe, Great Britain or Northern Ireland. Typically, the service will involve a review of your substance inventory and position in the supply chain, to determine your legal obligations, and your options for achieving compliance with REACH Regulation (EC) No.1907/2006 and the UK REACH regulations. This service is available to different actors in the supply chain, including manufacturers, formulators, importers, and downstream users.

EU REACH & Brexit: Legal Entity Transfers

EU REACH registrations currently held by legal entities based in Great Britain will no longer be valid following the end of the implementation period. In order to maintain valid EU REACH Registration beyond 31st December 2020, it will be necessary to transfer the registration/s to EU-based legal entities. We can prepare the legal entity transfer to your EU-based legal entity (e.g. affiliate or subsidiary). Alternatively, you may prefer to appoint Staphyt as your EU-based Only Representative.

Note that for legal entities based in Northern Ireland, under the terms of the Northern
Ireland Protocol, the process for moving goods to and from the European Union under
EU REACH will not change from 1 January 2021.

EU REACH & Brexit: Only Representative Services

EU REACH registrations currently held by legal entities based in Great Britain will no longer be valid following the end of the implementation period. Staphyt can fulfil the role of ‘Only Representative’ for Great Britain -based manufacturers and formulators wishing to retain access to the EU market. For clients impacted by Brexit, our Only Representative services include:

• set up (and monitoring) of the required REACH-IT account;
• transferring REACH registrations to the EU-based Only Representative;
• assembling and maintaining records in accordance with the regulations; and
• liaison with downstream users.

UK REACH Registration [Commencing January 2021]

We can support clients in achieving compliance with the anticipated ‘UK REACH’ regime, which is currently expected to come into force in January 2021. Our experts have been involved in testing the developing ‘Comply with UK REACH’ IT system, and will be able to assist you across a range of different scenarios, including the following:

Support to UK-based EU REACH registration holders requiring continued access to the UK market

When the UK REACH regime comes into force, UK-based legal entities with existing EU REACH registrations will be able to ‘grandfather’ these into the UK REACH system. Our service will include setting up your ‘Comply with UK REACH’ online service account, and submitting the preliminary information required by the UK authority. In order to benefit from the ‘grandfathering’ provisions, this data must be submitted within 120 days following the end of the implementation period. Once complete, this will ensure access to the UK market for a period of 4 or 6 years from October 2021, depending on tonnage band and/or the hazard profile of the substance. Thereafter, it will be necessary to submit a full REACH dataset, according to the required tonnage band.
For those Great Britain-based legal entities who also require access to the EU market following the end of the Brexit implementation period, an EU REACH registration will still be required. In such circumstance, to retain a valid EU REACH registration, you will need to consider transferring the EU REACH registration to a company located in the EU/EEA.
For legal entities based in Northern Ireland, under the terms of the Northern
Ireland Protocol, the process for moving goods to and from the European Union under
EU REACH will not change from 1 January 2021.

Support to UK-based downstream users of EU REACH registered substances

Following the end of the Brexit implementation period, UK-based companies sourcing EU-REACH registered substances for use/sale in the UK will have additional obligations when the UK REACH regime comes into force. Under EU REACH, these companies are currently defined as downstream users. However, under UK REACH, UK-based companies sourcing substances from outside the UK will be defined as importers. As such, they will be required to hold a UK REACH registration.
Under current proposals, as a first step towards registration, in order to retain access to the UK market such companies can submit ‘downstream user import notifications’ covering all relevant substances. Our service will include setting up your ‘Comply with UK REACH’ online service account, and submitting the information required by the UK authority for downstream user import notifications. This data should be submitted within 300 days following the end of the implementation period. Once complete, this will ensure ongoing access to the UK market for a period of 2, 4 or 6 years from 28 October 2021, depending on tonnage band and/or the hazard profile of the substance. Thereafter, to continue importing, it will be necessary to submit a full REACH dataset, according to the required tonnage band.
Note that the EU-based exporter may choose to appoint a UK-based Only Representative to take responsibility for UK REACH compliance, potentially relieving the UK downstream user of UK REACH notification and/or registration obligations.

Support to EU-based companies requiring continued access to the UK market

EU REACH registrations currently held by legal entities based in the EU/EEA will no longer support access to the GB market following the end of the implementation period. Separate UK REACH registrations will be required. Registration can be done by the UK-based importer, or the EU-based manufacturer/formulator may appoint a UK-based Only Representative to take on UK REACH obligations.
Staphyt can fulfil the role of ‘Only Representative’ for EU-based manufacturers and formulators wishing to retain access to the GB market. For clients impacted by Brexit, our Only Representative services include:

• set up (and monitoring) of the required REACH-IT account;
• preparing and submitting UK REACH registrations;
• assembling and maintaining records in accordance with the regulations;
• liaison with downstream users.

Note that under the terms of the Northern Ireland Protocol, the process for moving goods
between Northern Ireland and the European Union under EU REACH will not change
from 1 January 2021.

For any question and support please contact John Hodgson – jhodgson@staphyt.com