Q&As

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The UKs withdrawal from the EU

REACH

Does my United Kingdom-based company need to submit a registration dossier to ECHA for any substance I import or manufacture?

The United Kingdom, except for Northern Ireland, is no longer an EU Member State. As such, your registration obligations ended after the end of the transition period (31 December 2020).  

In Northern Ireland, REACH continues to apply. Please refer to Q&A 1700.

My United Kingdom based company has successfully registered a substance, and ECHA has provided my company with a registration number. How does the United Kingdom withdrawal from the EU affect my registration?

Any United Kingdom based registrant can no longer be a registrant under REACH, as REACH does not apply to United Kingdom companies, except for Northern Ireland. For the purpose of the EU’s REACH Regulation, any registration by such a registrant is therefore regarded as non-existent.

Consequently, your EU /EEA customers need to register the respective substance themselves, unless you have performed a transfer according to the instructions provided in the ECHA guide 'How to transfer your UK REACH registrations prior to the UK withdrawal from the EU'.  

In Northern Ireland, REACH continues to apply. This means, inter alia, that Only Representatives can continue to be based in Northern Ireland and that manufacturers, formulators or article producers in Northern Ireland do not need to appoint an only representative. Please refer to Q&A 1700.

My United Kingdom-based company is a downstream user of a chemical substance registered under REACH. Do we need to continue informing our United Kingdom/EU/EEA supplier of its uses and to notify ECHA of its uses?

No, the EU legislation no longer applies to the United Kingdom, and you are no longer subject to this obligation.

In Northern Ireland, REACH continues to apply. This means, inter alia, that registrants can continue to be based in Northern Ireland. Please refer to Q&A 1700.

My EU/EEA-based company is purchasing a chemical substance from a United Kingdom based business partner which has registered the substance under REACH. Can we still rely on the substance having been legally and validly registered within the EU/EEA in accordance with the REACH Regulation after the end of the transition period?

No, unless a company is based in Northern Ireland. Your business partner should appoint an Only Representative established within the EU/EEA or relocate to the EU/EEA for the substance to remain legally registered with ECHA for the EU/EEA. In the absence of such an appointment or relocation by your United Kingdom based supplier, you will need to register the substance yourself as an EU/EEA importer.

For registered substances in stock after the end of transition period, please see Q&A 1712.

In Northern Ireland, REACH continues to apply. This means, inter alia, that registrants can continue to be based in Northern Ireland. Please refer to Q&A 1700.

My EU/EEA-based company is a registrant in a joint submission for which a United Kingdom-based company was the Lead Registrant, as well as owner of the data to which we have obtained a Letter of Access. What impact does the end of the transition period from the EU have on our registration?

Any registration by a United Kingdom based company, except for Northern Ireland, is now considered non-existent, unless they have transferred their registration as indicated in Q&A 1416

If the United Kingdom based company did not take the necessary steps to transfer their registration to an EU27/EEA/NI company, prior to the end of the transition period, the members of the joint submission should agree on a new lead. The lead role can be taken by any member of the joint submission.

Agreements among registrants should include a provision regulating the case that the appointed Lead Registrant can no longer exercise their function and foreseeing that the shared information is transferred to a new lead registration, as well as arrangements to ensure data and cost sharing can be continued in the future.

In Northern Ireland, REACH continues to apply. This means, inter alia, that registrants, including Lead Registrants, can continue to be based in Northern Ireland. Please refer to Q&A 1700 for further details.

What does my United Kingdom -based company need to keep in mind when we appoint an Only Representative (OR) in an EU Member State?

You should only appoint an OR who has a sufficient background in the practical handling of substances and of the information related to them, as required by Article 8(2) of the REACH Regulation. As your representative, the OR will bear all responsibilities of importers under the relevant REACH provisions. Among them, the OR shall keep available and up-to-date information on the quantities imported and customers sold to, as well as information on the supply of the latest update of the SDS. Please also remember to inform the importers within the same supply chain of the OR appointment. ECHA’s webpages provide more detailed information on the role of Only Representatives. Please see also the Q&A section on Only Representatives on ECHA’s web pages.

In Northern Ireland, REACH continues to apply. This means, inter alia, that registrants, including Lead Registrants, can continue to be based in Northern Ireland. Please refer to Q&A 1700.

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