Under UK REACH, the obligation to appoint an Only Representative (OR) is the same as under EU REACH (the European REACH regulation). This obligation applies to all actors who export substances to the UK and whose buyers in the UK do not register the substances themselves as an importer. Under UK REACH, European Union countries will be considered as "third countries". This has several consequences.
Firstly, this means that a company based in the European Union of 27 (UE-27) covered by an EU REACH registration and present on the UK market will, from 1st January, have to comply with UK REACH and designate a UK-based OR to take charge of the UK REACH registration.
Similarly, a company based outside the EU-27 that has hitherto had to go through an EU-27-based OR to handle its EU REACH registrations and which exports to the UK will see its obligations duplicated. It will now also have to designate an OR based in the UK to take care of the full registration.
One exception: these companies will not have to designate an OR and register their substances under UK REACH if their UK importer takes care of the registration. However, downstream users or distributors generally prefer to rely on the registration of their suppliers.
A look back at the key points of the UK REACH regulation
- The UK REACH regulation will come into force at the end of the transition period on 1st January 2021.
- At this date, companies marketing chemicals in both the UK and the EU will have the double burden of complying with both regulations.
- Note: although the two regulations are quite similar, many points are still subject to discussion and should be clarified in the coming months, for instance access to REACH data.
- From 1st January 2021, companies wishing to register their substances in the UK have 300 days to make an initial notification. They will then have 2, 4 or 6 years, depending on their tonnage band and type of substance, to make a full registration.
It is therefore essential to prepare now for the entry into force of this new regulation. We will come back to you soon with an article dedicated to compliance during the various UK REACH deadlines.
EcoMundo, thanks to its London office and the REACH expertise of its consultants, will assist you in all your UK compliance procedures following Brexit and can act as your Only Representative according to your needs.
