REACH: What you'll need to do in a no deal scenario
In the event of no deal, the EU REACH Regulation will be brought into UK law by the European Union (Withdrawal) Act 2018. That Regulation, and related legislation, will be retained in the UK with the changes necessary to make it work in the domestic context. We will therefore retain the key principles of the EU REACH Regulation, including its fundamental principle of ‘no data, no market’, and its provision for Only Representatives (ORs). In this note, the EU REACH Regulation, as amended, is referred to as the UK REACH Regulation, and the regulatory system it creates is referred to as UK REACH.
In a no-deal scenario, the UK and the EU regulatory agencies would operate independently from each other. If companies are supplying and purchasing substances, mixtures or articles to and from the EU/EEA and the UK, they will need to ensure that the substances, or substances within a mixture/article, are registered with both agencies (ECHA and the UK Agency, i.e. the HSE) separately, by an actor within their own supply chain, in order to maintain or gain access to both markets.
The Department for Environment Food and Rural Affairs (Defra) have published guidance on UK REACH and UK REACH IT in a no-deal scenario:
- UK REACH guidance if there is no Brexit deal
- ‘Comply with UK REACH’: what you need to know about the IT system for UK REACH
Implications for business
The role you currently undertake within EU REACH may change, in some cases significantly. It is therefore important that you undertake a review of your role(s) within the EU and UK REACH regimes. To maintain or gain access to the EU/EEA and the UK markets, there may be a number of actions you will need to take if there is no deal with the EU.
The following guidance sets out a number of actions that your company would need to investigate so that you can prepare for a ‘no-deal’ scenario. For the UK market, there will be a phased approach designed to minimise disruption and ensure continuity.
Please click on the box that fits your business’ current status below, to find out how you should prepare.