UK REACH authorisation: possible scenarios and applicable processes
UK-based companies must take the necessary steps to comply with the UK REACH regulation, which replaces REACH from the end of the transition period (31st December 2020). This means that they will need an authorisation to continue to use the substances listed in Annex XIV of UK REACH.
The list of substances subject to authorisation, Annex XIV of the UK REACH Regulation has been carried over unchanged from the EU REACH Regulation. As a result, there are several scenarios for companies marketing, using or importing substances subject to authorisation in the UK.
Case 1: Both ECHA and the European Commission have already taken decisions
In the event that the European Chemicals Agency (ECHA) and the European Commission have already made their decisions, then the existing authorisation is automatically recognised under UK law. In this case, the applicant for authorisation or the UK-based downstream user, if any, simply has to provide information to the Health and Safety Executive (HSE).
Case 2: ECHA has made its final decision and the Commission has not yet decided
If ECHA has already decided in favour of the requested authorisation, but the European Commission (EC) has not yet made its decision, then the UK Secretary of State will have to make the decision based on the existing opinion.
In this case, the UK-based applicant for authorisation will have to:
- Notify the DEFRA Secretary of State of the application
- Provide the Secretary of State with a copy of the application, the information included in it, and any information provided to ECHA
- Provide the Secretary of State with copies of ECHA opinions sent to applicants
For downstream users, they will have to notify the HSE of their use of the substance within three months of the first delivery to them if the application for authorisation was made by a UK-based applicant.
However, if a downstream user was relying on an application for authorisation pending an EC decision where the applicant was based in the EU-27, a new application will have to be submitted by the UK user to the HSE. It should be noted that the HSE may extend the Latest application date or even the Sunset date (the date from which the substance is banned in the area for companies that have not submitted an application) depending on the circumstances.
Case 3: Application submitted without any opinion given
If an application was submitted before the end of the transition period but no decision has been made by either ECHA or the European Commission, then a new application must be made ato the Health and Safety Executive. Depending on the case, the UK applicant who submitted the authorisation dossier to ECHA in the first place, or the UK downstream user dependent on the submitted authorisation dossier, will have to re-submit their application to the UK authorities.
Again, both the Latest application date and the Sunset date may be extended depending on the circumstances. For more information on the circumstances that may lead to this extension, please consult the Health and Safety Executive website.
UK companies and REACH authorisations
The UK's exit from the European Union has had a huge impact on the chemical industry. In particular, REACH authorisations affect very high value industries over relatively long periods of time.
In order to remain compliant in Europe, UK companies placing substances included in Annex XIV of EU REACH on the EU-27 market will therefore also have to start a compliance process for that market. They will either have to rely on their European importer or appoint an Only Representative (OR) based in the EU-27 to take on the importer's responsibilities.
With offices both in the UK and in France, EcoMundo can assist you in your REACH and UK REACH compliance processes. For more information, please watch the replay of our webinar dedicated to UK REACH.
Wish to know more about the REACH and UK REACHC Authorisation processes?
For more information, do not hesitate to contact Fang Zhou or one of our experts!
UK REACH authorisation: possible scenarios and applicable processes
UK-based companies must take the necessary steps to comply with the UK REACH regulation, which replaces REACH from the end of the transition period (31st December 2020). This means that they will need an authorisation to continue to use the substances listed in Annex XIV of UK REACH.
The list of substances subject to authorisation, Annex XIV of the UK REACH Regulation has been carried over unchanged from the EU REACH Regulation. As a result, there are several scenarios for companies marketing, using or importing substances subject to authorisation in the UK.
Case 1: Both ECHA and the European Commission have already taken decisions
In the event that the European Chemicals Agency (ECHA) and the European Commission have already made their decisions, then the existing authorisation is automatically recognised under UK law. In this case, the applicant for authorisation or the UK-based downstream user, if any, simply has to provide information to the Health and Safety Executive (HSE).
Case 2: ECHA has made its final decision and the Commission has not yet decided
If ECHA has already decided in favour of the requested authorisation, but the European Commission (EC) has not yet made its decision, then the UK Secretary of State will have to make the decision based on the existing opinion.
In this case, the UK-based applicant for authorisation will have to:
- Notify the DEFRA Secretary of State of the application
- Provide the Secretary of State with a copy of the application, the information included in it, and any information provided to ECHA
- Provide the Secretary of State with copies of ECHA opinions sent to applicants
For downstream users, they will have to notify the HSE of their use of the substance within three months of the first delivery to them if the application for authorisation was made by a UK-based applicant.
However, if a downstream user was relying on an application for authorisation pending an EC decision where the applicant was based in the EU-27, a new application will have to be submitted by the UK user to the HSE. It should be noted that the HSE may extend the Latest application date or even the Sunset date (the date from which the substance is banned in the area for companies that have not submitted an application) depending on the circumstances.
Case 3: Application submitted without any opinion given
If an application was submitted before the end of the transition period but no decision has been made by either ECHA or the European Commission, then a new application must be made ato the Health and Safety Executive. Depending on the case, the UK applicant who submitted the authorisation dossier to ECHA in the first place, or the UK downstream user dependent on the submitted authorisation dossier, will have to re-submit their application to the UK authorities.
Again, both the Latest application date and the Sunset date may be extended depending on the circumstances. For more information on the circumstances that may lead to this extension, please consult the Health and Safety Executive website.
UK companies and REACH authorisations
The UK's exit from the European Union has had a huge impact on the chemical industry. In particular, REACH authorisations affect very high value industries over relatively long periods of time.
In order to remain compliant in Europe, UK companies placing substances included in Annex XIV of EU REACH on the EU-27 market will therefore also have to start a compliance process for that market. They will either have to rely on their European importer or appoint an Only Representative (OR) based in the EU-27 to take on the importer's responsibilities.
With offices both in the UK and in France, EcoMundo can assist you in your REACH and UK REACH compliance processes. For more information, please watch the replay of our webinar dedicated to UK REACH.
Wish to know more about the REACH and UK REACHC Authorisation processes?
For more information, do not hesitate to contact Fang Zhou or one of our experts!
