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Further information on what the new UK REACH will look like if the UK leaves the EU without a deal

UK REACH-IT

  • An IT system mirroring EU REACH IT is being built for registrations, grandfathering and downstream user notifications to be operable from the day that UK leaves the EU.
  • The system will replicate the same functionalities as the one used for EU REACH purposes. It will, for example, allow IUCLID to be used so that the same dossiers can be uploaded to UK REACH-IT.
  • The Department for Environment Food and Rural Affairs (Defra) have published guidance on UK REACH and UK REACH IT in a no-deal scenario: ‘Comply with UK REACH’: what you need to know about the IT system for UK REACH.

New registrations

  • If a business wishes to place new chemicals on both the EU/EEA and UK markets, if there’s no deal with the EU, they will have to ensure that they comply with both EU REACH and UK REACH. UK REACH registrations will
  • require the same IUCLID technical dossier format as EU REACH, for the relevant tonnage bands in the UK market. Non UK-based entities may access the UK market under UK REACH via a UK-based Only Representative, or by relying on their UK customer to register the substance.
  • Registration of new chemicals for the UK market, after the UK leaves the EU without a deal, will be done directly through the UK Agency (the HSE), via the UK REACH IT system. The ECHA Fees regulation will be transposed into UK law so the fees will be similar to those currently charged by ECHA using the average exchange rate for 2017.
  • New registrations will not be phased-in by tonnage bands.
  • As with EU REACH, obligations would depend on tonnage band, and apply by reference to the tonnage manufactured in or imported into the UK. There would be no registration obligations for substances under one tonne.
  • UK REACH will include a similar pre-registration substance inquiry system to EU REACH.
  • Similar provisions on data sharing and test cost sharing will also be reflected in the UK REACH Regulation.

Authorisations

  • After the UK leaves the EU without a deal, new applications for authorisations for the UK market should be made to the UK Agency (the HSE), and will incur similar administration fees as authorisations currently do under EU REACH. The Agency must obtain and use the advice of the environmental regulators across the UK (which will be coordinated centrally by the Environment Agency) when the application involves environmental issues.
  • The UK REACH authorisation process would include the same provision for inviting information on alternative substances or technologies as in EU REACH.
  • Decisions to grant authorisations would be taken by the Secretary of State, subject to the consent of the Devolved Administrations where they involve matters of devolved competence.

Safety Data Sheets

  • The format, content and conditions under which Safety Data Sheets are required, as specified in the EU REACH Regulation and the subsequent amendments2, will remain the same. This means that Safety Data Sheets created under EU REACH will be valid under UK REACH.

Restrictions

  • If there’s no deal with the EU, the UK will make its own decisions on future restrictions.
  • The UK system would have a similar procedure to introduce new or amended restrictions. The UK Agency (the HSE) will make assessments on any future substances that may meet the requirement for restriction under the UK REACH Regulation; issues taken into account will include (but not be limited to) regulatory developments in the EU. The Agency must obtain and use the advice of environmental regulators across the UK (which will be coordinated centrally by the Environment Agency) when the application involves environmental issues.
  • The Agency will send its opinions to the Secretary of State who will decide whether to amend Annex XVII, subject to the consent of the Devolved Administrations where matters of devolved competence are involved.

PPORD Exemptions

  • All new PPORD notifications after the UK leaves the EU should be made to the UK Agency (the HSE).

Only Representative provision

  • The UK REACH Regulation will replicate the EU REACH Regulation’s provision for Only Representatives (ORs). Third country manufacturers, formulators and producers of articles wanting to trade into the UK will be able to appoint a UK-based OR to take on their duties under the UK REACH Regulation. This facility would therefore also be available to EU/EEA countries wanting to access the UK chemicals market.
Updated: 2019-04-05