UK REACH after Brexit

Once the UK leaves the EU – with or without a “deal” – and it is no longer in the European Single Market, it will be treated as a non-EU country or “third country” as far as the REACH Regulation is concerned. This will impact UK chemical suppliers who sell their products in the EU as they will need to appoint Only Representatives in the EU if they supply more than 1 tonne per year (unless the EU importing companies carry out registration and other obligations).

In the UK, chemical manufacturers and importers will face obligations under the new UK REACH legislation as well as UK legislation regarding biocidal products and the classification, labeling and packaging of substances and mixtures. The following new requirements will apply if substances are made in the UK or are imported into the UK from the EU or from other countries:

• Registration of substances if more than 1 tonne per year is produced or imported
• Authorization in the UK of chemicals listed in Annex XIV (Note that grandfathering of existing EU authorizations is intended to apply but applications not yet approved will not be grandfathered. Note also that an upstream authorization held by a company in the EU-27 will not be grandfathered; UK downstream users will need to notify the UK agency of their compliance within 60 days of leaving the UK)
• Notification of substances if any amount that is not registered (i.e. <1 tonne) is imported that is classified as hazardous
• Biocides will require authorization in the UK if this has not already been done.

Note that the above is not an exhaustive list of requirements.

EU REACH information obligations for Substances of Very High Concern (SVHCs) in articles at >0.1% remain unchanged as the recipient needs to be informed that the SVHCs are present and safe use information provided if necessary. However if >1 tonne per year is imported in articles at >0.1% per year into the UK, notification will also be required.

A new IT system is being set up for registration, notification, etc, by the UK Government and enforcement will be the responsibility of the UK Health and Safety Executive. Guidance has also been published that explains these new obligations.