Downstream user obligations

GB-based downstream user duties

If you are a GB-based downstream user of a substance which is on the UK REACH Authorisation List (Annex XIV) you must be covered by a UK REACH authorisation to continue to use the substance after its sunset date. If this authorisation has been granted to a supplier up your supply chain, you must contact HSE and submit an Article 66 notification.

Notify HSE - Article 66

After the authorisation decision has been published and within 3 months of the substance being received, you must submit the following information to HSE:

the name of your business and addresses of any sites where the substance is used
the substance being used including EC number and CAS number
the Authorisation numbers covering your uses
details of your suppliers

Email this information to [email protected] using the subject ‘UK REACH authorisation – Article 66 notification’.

You may also provide additional information such as:

the typical annual volume
the number of staff using the substance
a description of your use
any involvement in potential substitution activities.

Submit monitoring information

You may be required to submit specific data to HSE as a condition of the authorisation.
Guidance regarding any monitoring information that you are required to submit, including a reporting template and the deadline for submission will be communicated to you from your supplier or distributor. If you are unsure of your duties regarding monitoring information, you should first contact your supplier who holds the authorisation you are covered under.

Submit this information by email to [email protected].

Article 127H notifications

Prior to EU Exit many GB-based downstream users were relying on existing EU REACH authorisations held by a UK or an EU/EEA company. Under the transitional arrangements set out in Article 127H, such downstream users were required to submit a notification informing HSE of their use within 60-days of the end of the transition period.

If you made an Article 127H notification you will have received confirmation that you could continue to use the substance under the conditions of the authorisation until it’s expiry.

If you think you should have notified your existing downstream user status, but have not, please contact [email protected].

What happens when an upstream authorisation is due to expire

Check with your supplier if they are planning to submit a review report to allow downstream users to continue to use the Annex XIV substance. If the authorisation holder is GB-based and submits a review report by the deadline given in the decision, then you can continue to use the substance while the review report is being processed. Once the decision is published and the new authorisation number is available you will need to make an Article 66 notification in the timeframe given above. Information should be provided to you by your supplier.

If the authorisation holder is not GB-based or is GB-based but is not planning to submit a review report, then you can continue to use the substance until the expiry date given in the decision but then will need to readjust your supply chain and either find a supplier that has a UK REACH authorisation for your use or apply for authorisation yourself.

Changing your supplier

If you are GB-based downstream user of an existing EU REACH authorisation and notified HSE with an article 127H notification but want to change your supplier, you must:

use a supply chain where that use is already authorised in GB and notify HSE that you are a user of a UK authorisation (Article 66 notification)

get UK REACH authorisation for yourself.

You cannot switch to a supplier who does not have a GB authorisation.