BREXIT on Substances and chemical products
Essential Regulatory Guidances for Chemicals with Respect to BREXIT
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| Regulatory Status Under EU Legislation | EU Authorities Recommendations and Guidelines | |
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UK-based REACH registrant (manufacturer) under REACH |
Only an EU/EEA-based company can register a substance under the REACH Regulation. If your company is based in the UK and has registered a substance under REACH, the registration will only exist until the end of the transition period. If you want to continue doing business in the EU/EEA after the transition period ends, you have the option of appointing an only representative based in EU to manage your registrations. [Learn more...] |
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UK-based only representative (REACH OR) under REACH | If you represent a non-EU company and you are based in the UK, you will no longer be able to act as an only representative after the end of the transition period, unless you relocate to an EU or EEA country. Otherwise, to remain legally on the EU market, the non-EU manufacturer that appointed you will need to find a new only representative, based in an EU or EEA country. The registrations will have to be transferred to that new only representative. [Learn more...] |
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UK-based Authorisation holder under REACH | After the end of the transition period, EU legislation will no longer apply to the UK. This means that, for example, if your UK-based company holds or is covered by a REACH authorisation for certain uses of an Annex XIV substance, the conditions of the authorisation no longer apply to you. Authorisations granted to UK-based companies will no longer exist, so EU-based companies relying on such authorisations will need to find suppliers with valid authorisations in the EU/EEA, or apply for new authorisations themselves. [Learn more...] |
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UK-based manufacturer or supplier under the BPR (Biocidal Products Regulation) | Under the BPR, substance or product suppliers of biocides have to either be located in the EU or have an appointed EU-based representative to be listed in the Article 95 list of substances and suppliers. Non-EU companies are included together with their appointed EU representatives. As a UK-based supplier, you will need to appoint an EU-based representative before the end of the transition period to avoid being removed from the Article 95 list. [Learn more...] |
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EU-based company | If your company is based in one of the remaining EU or EEA countries, EU legislation and obligations will continue to apply to you. However, your business partners in the UK will need to adjust their operations to follow the new UK chemicals legislation. If you purchased a chemical substance from a UK-based company that registered a substance under REACH, you will no longer be able to rely on the substance being legally registered after the transition period ends. For the substance to remain legally registered, the UK-based manufacturer from which you bought the chemical will need to appoint an only representative established in one of the EU or EEA countries. Alternatively, you can choose to register the substance yourself as an importer. [Learn more...] |
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EU downstream user of an authorised substance | REACH authorisations granted to UK suppliers will no longer exist after the transition period. If you rely on such an authorisation and want to continue using the substance, you can apply and become an authorisation holder of the substance yourself. UK-based only representatives can transfer their authorisation or pending application for authorisation to a new only representative based in the EU/EEA, appointed by the non-EU manufacturer. Please note, however, that UK-based importers cannot transfer their authorisation/registration to an only representative in the EU/EEA. Post-Brexit UK-based importers fall under the statute of non-EU traders, and therefore have no legal statute under REACH. [Learn more...] |
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Manufacturer or formulator outside the EU/EEA | If you have appointed an only representative that is located in the UK, you can appoint a new only representative, located within the EU/EEA. The new appointment must take place before the end of the transition period and be notified to ECHA (through the ‘Legal entity change’ functionality in REACH-IT) without undue delay. If your substance has been registered by a UK-based importer, that registration will not exist after the transition period. This means that to continue having access to the EU market, the imported substance will need to be registered by an EU/EEA-based legal entity. To this end, you can appoint an only representative located within the EU/EEA to carry out the required registration of the imported substance. [Learn more...] |
Selected Readiness Notices From the European Commission
Export/Import of Hazardous Chemicals (“Prior Informed Consent” - PIC)
TimeStamp: 17 July 2020English (394.9 KB - PDF)
Resource..Useful Links
Brexit FAQs on Chemicals
Minimizing Supply Chain DisruptionsWhether you are a chemicals company based in the EU/EEA or you are established in the UK, you will need to take action related to the UK withdrawal from the EU in order to minimize supply chain disruptions.
Resource..
Appointing a REACH Only Representative
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