Notification of status as a GB-based downstream user or distributor under EU REACH
Any GB-based legal entity intending to import a substance into GB at or above 1 tonne per year is required to submit a registration to the Agency for that substance. Now that the transition period has ended, the obligation to register also applies to the import of substances from the EU. However, where you were a downstream user or distributor under EU REACH or were regarded as a downstream user by virtue of an Only Representative (OR) agreement, transitional provisions have been put in place that aim to help minimise disruption to your business.
By submitting a notification to the Agency within the first 300 days of the end of the transition period, you effectively defer your registration obligation for up to 6 years plus 300 days after the end of the transition period.
Who is this guidance for?
- GB-based legal entities that were importing substances and mixtures into GB from the EU and intend to continue after the end of the transition period.
- GB-based legal entities that were importing substances and mixtures into GB from outside of the EU, under an OR agreement held by an EU-based entity and intend to continue post-TP.
- Manufacturers, formulators and article producers based outside of GB that wish to appoint a GB-based OR (after the end of the transition period) to notify on behalf of their GB-based importers.
If you are a GB-based company with registrations which were granted by ECHA, or if you transferred registrations to an EU-based company any time after 29th March 2017 and before the end of the transition period, please refer to our page on grandfathering.
If you were not previously a registrant, downstream user or distributor under EU REACH, and you wish to import chemicals into GB for the first time, no transitional provisions will apply. You will be required to follow the processes for submitting a new registration under UK REACH.
Downstream User Import Notification (DUIN)
GB-based companies that were downstream users or distributors prior to the end of the transition period, under EU REACH, will become importers at the point that when UK REACH enters into force. Article 127E of the statutory instrument (SI) implementing REACH in the UK provides the transitional provision for these GB-based legal entities.
Downstream users and distributors under EU REACH are able to notify The Agency regarding the substances that they wish to continue importing into GB from the EU. This notification must be made within the first 300 days after end of the transition period. Once the notification is completed, your registration obligation is effectively deferred until up to 6 years plus 300 days after the end of the transition period. If you opt not to submit a notification, then either a full registration would be due for any substances imported at or above 1 tonne per year, or that import must cease. A non-GB based manufacturer, importer or article producer can appoint a GB-based OR to submit notifications under Article 127E on behalf of their GB-based importers. This OR can only be appointed once UK REACH is in force. GB-based importers that were regarded as downstream users due to the appointment of an EU-based OR (under EU REACH) are also able to notify under Article 127E. A newly appointed GB-based OR can also make this notification on their behalf.
A downstream user import notification (DUIN) is not a pre-registration. The concept of pre-registrations does not exist under UK REACH.
Please note, having notified under Article 127E, you are not obliged to register unless you wish to continue importing the notified substance after 300 days plus either 2, 4 or 6 years of the end of the transition period. The registration deadline is dependent on the tonnage and/or hazard profile of the substance, more information can be found in the table below.
What you need to do
The information requirements can be found in Article 127E of the Statutory Instrument.
Within 300 days of the end of the transition period, you need to:
- Use the Comply with UK REACH service to indicate that you are an existing downstream user or distributor. At this point your UK REACH DUIN number will be issued to you. This only needs to be done once per legal entity and covers all substances that you wish to continue importing from the EU.
- This fulfils the Article 10(a)(i) information requirement of Article 127E.
- Populate the additional information spreadsheet template with information about the substances that you wish to continue importing. Note, some information only has to be included if it is available to you. When available, the spreadsheet should list individually all of the substances that you wish to continue importing from the EU, one per line.
- Where a substance is included in the spreadsheet, it must contain at least one of the following identifiers: substance name, CAS number, EC number.
- Send the completed spreadsheet to the Agency at [email protected]. You should include your legal entity name and DUIN number in the subject line of the email.
- It may be easier to fulfil some of the information requirements by attaching a Safety Data Sheet (SDS) to the email rather than including it in the spreadsheet, eg the Article 10(a)(iv) information pertaining to classification.
- Where an SDS for a substance is attached to the email along with the spreadsheet, the spreadsheet must also list that substance.
Please note the following:
- only substances should be notified; not mixtures. If you import mixtures, you will need to consider the individual substances within those mixtures and calculate if any will be imported at or above one tonne per year
- where information about a substance is not available to you, that information need not be provided. This is of particular relevance to importers of mixtures, where your supplier may not wish to divulge the composition of their products
Within 300 days plus either 2, 4 or 6 years of the end of the transition period, depending on tonnage band and/or hazard profile (see table below), if you wish to continue importing into the UK from the EU, you need to:
- Submit a new registration to the Agency for each substance that you wish to continue importing after the relevant deadline (see table below), complying with the full information requirement for your tonnage band under UK REACH. The first step to any new registration is to submit an Article 26 inquiry . The information requirements for registration under UK REACH are identical to the requirements of EU REACH.
It is expected that where there are multiple registrants for a substance, this information will be submitted jointly. ECHA’s Guidance on data-sharing remains a useful document.
UK REACH tonnage bands and hazard profiles
|Deadline post 28 October 2021||Tonnage||Hazardous property|
|2 years from 28 October 2021||1000 tonnes or more per year||
|4 years from 28 October 2021||100 tonnes or more per year||Candidate list substances (as at 27 October 2023)|
|6 years from 28 October 2021||1 tonne or more per year|