Denehurst Chemical Safety Ltd - UK-REACH

UK REACH / GHS

The UK left the EU on 31st January 2020 and the end of the negotiated withdrawal period was 31st December 2020. 

The Northern Ireland Protocol means that Northern Ireland remains in the EU with regard to REACH and CLP, but is also part of the UK system.  This puts Northern Ireland business in a unique position as being part of both schemes. 

The main points to consider are:

• The UK will retain the key provisions of EU regulations, including REACH, CLP, Biocides, Plant Protection, Cosmetics etc, but as UK Statutory Instruments and not EU Regulations. UK legislation has been prepared that is virtually identical to the EU Regulations in terms of technical content, but changing references to EU legislation and EU institutions such as ECHA to UK legislation and UK bodies such as the HSE. Therefore, there is continuity in terms of a REACH process, including SDS formatting and content, and also continuity in Classification and Labelling requirements

• The UK HSE has prepared full guidance on its web-site, replacing the EU-based guidance from 1 January 2021.  Technical guidance remains almost identical 

• The UK has its own REACH-IT portal known as 'Gateway'  for submissions; this is based on existing Government Gateway systems and the same Gateway can be used for various legal functions other than just REACH. 

• The Gateway account can be held by any UK legal entity and is easy to set up with company details and UK company registration number. 

•  UK-based registrants (ie held EU-REACH registrations at any time after 2016) will be able to grandfather their existing registrations into UK REACH by uploading IUCLID .i6z dossier files into Gateway before April 2021. Older IUCLID 5 dossiers will need up-grading to IUCLID 6, but there will initially be no technical completeness or other validation of the files. 

• After April 2021, UK Registrations will need to agree to appoint a Lead Registrant and between them ensure a Lead Dossier is prepared with necessary data for the respective tonnage 

• Downstream user import notification (DUIN) is needed for those who had previously relied on a Registration held by an EU-27 based Registrant. A DUIN is made by e mailing chemical and commercial details through a spreadsheet to the HSE as a type of pre-registration'.  This needs doing before November 2021.  

• Non-UK companies can appoint an OR in the UK who can themselves submit a DUIN to cover their UK customers (importers).  It is important the UK importers seek clarification from suppliers that this is happening. 

• Those making a DUIN will need to make a full registration during a phase-in period (according to tonnage or if SVHC) Fees will apply to these Registrations

• UK companies that buy from EU suppliers may become importers under the new regulations and need to comply with new UK-REACH registration requirements and CLP notification requirements, unless their EU suppliers appoint UK Only Representatives

•  EU-27 organisations importing from the UK will need to Register to allow continued supply, unless their UK suppliers appoint an Only Representative.

For further advice, contact Denehurst.

Page last updated 1 Jan 2021