UK REACH

The EU REACH Regulation was brought into UK law on 1 January 2021. This is known as UK REACH.

UK REACH - What is it?

Relevant EU REACH registrations have been recognised under UK REACH, this is known as 'grandfathering'.

Grandfathering allows you to have continued access to the GB market; however, there are steps you must take using Comply with UK REACH.

No registration fee will be levied by the Agency for grandfathering your registration.

From Downstream User under EU REACH to Importer under UK REACH

Please see the HSE webapge on Notification of status as a GB-based downstream user or distributor under EU REACH

Any GB-based legal entity intending to import a substance into GB at or above 1 tonne per year is required to submit a registration to the Agency for that substance. Now that the transition period has ended, the obligation to register also applies to the import of substances from the EU. However, where you were a downstream user or distributor under EU REACH or were regarded as a downstream user by virtue of an Only Representative (OR) agreement, transitional provisions have been put in place that aim to help minimise disruption to your business.

By submitting a notification to the Agency within the first 300 days of the end of the transition period, you effectively defer your registration obligation for up to 6 years plus 300 days after the end of the transition period.

Downstream User Import Notification (DUIN)

GB-based companies that were downstream users or distributors prior to the end of the transition period, under EU REACH, will become importers at the point that when UK REACH enters into force. Article 127E of the statutory instrument (SI) implementing REACH in the UK provides the transitional provision for these GB-based legal entities.

Downstream users and distributors under EU REACH are able to notify The Agency regarding the substances that they wish to continue importing into GB from the EU. This notification must be made within the first 300 days after end of the transition period. Once the notification is completed, your registration obligation is effectively deferred until up to 6 years plus 300 days after the end of the transition period. If you opt not to submit a notification, then either a full registration would be due for any substances imported at or above 1 tonne per year, or that import must cease. 

Exporting to the EU - EU REACH

Please see the ECHA guidance page for monomers and polymers.

If you are a GB-based legal entity and are exporting to the EU a polymer or polymer containing mixture, there are two options for continuing to do so:

Option 1

1. Appoint an Only Representative (OR)
2. Buy a one-off ‘letter of access’ to get monomer registration evidence 
   (price is based on cost of dossier divided by the number of companies wanting access to the information – price therefore decreases as more companies purchase)
3. Register with ECHA for EU REACH.
   Dossier writing for polymers is not as laborious as other chemicals, but it is recommended to use a consultant with experience of writing a dossier (e.g. Polymer Comply Europe). Cost for ECHA registration is based on volume.

 Option 2

1. Importer based in the EU files a REACH registration
   (N.B. imports by this company can be from any company outside the EU, not just your company)

Recycled material and REACH

Previously recycled material had an exemption and did not need to be registered for REACH. However, as GB is not ‘in the community’ companies will need to register with EU REACH if exporting recycled material to the EU. If a company is importing recycled material into the UK they would need to register with UK REACH.  Material classified as waste does not fall within REACH and this material would need to comply with the Waste Shipment Regulations which have recently changed.

Guidance on end of waste:

• https://www.gov.uk/government/publications/legal-definition-of-waste-guidance/decide-if-a-material-is-waste-or-not
• https://www.gov.uk/guidance/turn-your-waste-into-a-new-non-waste-product-or-material

Guidance on waste shipment

• https://www.gov.uk/guidance/importing-and-exporting-waste
• https://www.gov.uk/guidance/importing-and-exporting-waste-plastic

Other Useful Links

• How to comply with REACH chemical regulations
• Guidance for new registrants under UK REACH
• Applying for a UK REACH Authorisation
• Research & Development
• GB importers or downstream users of qualifying NI goods registered under EU REACH by a business in Northern Ireland (Northern Ireland notifications)