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Awaiting an ECHA or EU Commission decision for a registration or authorisation application

Registrations: If your registration under the EU REACH Regulation is in progress at the point that the UK leaves the EU, you will need to submit a separate new registration to the UK Agency (the HSE). This will incur the fee applicable to a new registration, payable to the UK Agency (the HSE).

Authorisations: If you are a UK company that has submitted an authorisation application to ECHA but where ECHA has not finalised its opinions under Article 64(5) by the point that the UK leaves the EU and you want to continue placing this substance on the market or using it for the use(s) applied for in the UK after the sunset date set in Annex XIV of REACH, then you will need to resubmit your dossier to the UK Agency (the HSE).

The authorisation process will be streamlined where your application is in its final decision stage. An application for an EU authorisation is at the final decision stage if:

  • (a) ECHA has adopted its final opinion, but
  • (b) the European Commission has not made a final decision granting or refusing the application.

The Secretary of State for Defra will make a decision on the basis of the opinions ECHA sent to the European Commission. The decision will be taken subject to the consent of the Devolved Administrations where it involves matters of devolved competence.

To take advantage of this, applicants will have to:

  • (i) notify the Secretary of State of the existence of the application, and
  • (ii) give the Secretary of State copies of the application, the information included in it, and any other information provided to ECHA by the applicant for the authorisation which was material to the formation of ECHA’s opinion in relation to the application for the authorisation.
  • (iii) give the Secretary of State copies of the opinions ECHA sent to the applicant.

Where a UK applicant places a substance on the market or uses the substance in reliance with Article 56 (1) (d) of EU REACH, they may continue to do so under this Article. However, this is as long as the necessary information is provided to the Secretary of State within 180 days of the UK leaving the EU.

Where an application has been made to ECHA by an EU/EEA applicant before the last application date, and the Commission has not given a final decision, the UK-based downstream users will no longer be able to benefit from that authorisation application to continue using the substance after the sunset date. Instead you will have to apply for a UK REACH authorisation. You should contact the UK agency (the HSE) to discuss the best way of achieving compliance.

If you are awaiting an You need to By when

ECHA decision for a registration

Resubmit your registration dossier to the UK REACH Agency (HSE)

Before placing products on the market

authorisation application where the ECHA has adopted its final opinion

1. Notify the Defra Secretary of State of the application;

2. supply the Secretary of State with copies of the application, the information included in it, and any other information provided to ECHA by the applicant for the authorisation which was material to the formation of ECHA’s opinion;

3. give the Secretary of State copies of the opinions ECHA sent to the applicant.

180 days post-exit day 

authorisation application where the ECHA has not adopted a final opinion

If you are a UK applicant, resubmit your application to the UK REACH Agency (HSE).

If you are a DU awaiting a decision for an authorisation application made by your EU/EEA-based supplier, you will no longer be able to benefit from that authorisation, and will have to apply for a UK REACH authorisation. You should contact the UK REACH Agency (HSE) to discuss the best way of achieving compliance.

180 days post-exit day 

Updated: 2020-01-15