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GB-based holders of existing EU REACH registrations need to complete the "grandfathering" before 30 April 2021. Non-GB based manufacturers must submit a DUIN to maintain their access to the GB market before 27 October 2021.

Brexit Current Status 

EU REACH has ceased to apply in Great Britain on January 1st 2021, as a consequence of the United Kingdom’s effective withdrawal from the European Union. GB manufacturers, importers, distributors and downstream users of chemical substances must now comply with UK REACH, the UK regulation adopted in replacement of EU REACH.

What is UK REACH?

The EU REACH Regulation was brought into UK law, as amended by the REACH (EU Exit) Regulations 2019, on 1st January 2021 and is now known as UK REACH. UK REACH will now regulate the market access to Great Britain (GB) i.e. England, Scotland and Wales.

UK REACH has been described as mirroring its EU counterpart. With the aim of assisting the many exporters likely to be affected by the repeal of EU REACH in the Great Britain, UK REACH provides comprehensive transitional arrangements. Such arrangements concern both EU/EEA and non-EU/EEA based exporters dealing with substances which are already registered under EU REACH and now wishing to maintain access to the GB. Transitional provisions are, however, not applicable to those who will place the substances for the first time in the GB market.

In order to secure your access to the GB market, you should consider getting in touch with a GB-based OR without delay.

We have already set up a UK-based OR facility ‘GPC UK’, to support our existing and new clients, in addressing the challenges posed by Brexit on substance exports to the UK. 

Who is concerned?

Companies seeking to export an EU-registered substance to the GB market, who also placed that substance on the GB market in 2019-2020:

Such exporters may submit a Downstream User Import Notification (DUIN) to HSE. By notifying their substance via DUIN, exporters will maintain access to the GB-market while deferring the registration of their substance by 2, 4 or 6 years (depending on the tonnage band and risk profile of the substance).

To submit a DUIN, non-GB based exporters need to appoint a GB-based Only Representative. The deadline for DUIN expired on 27 October 2021, however late-DUINs can still be submitted.

Companies seeking to export an EU-registered substance to the GB market for the first time

These exporters may benefit form a simplified registration process named New Registration of an Existing Substance (NRES). NRES requires exporters to:

Submit an Inquiry
Pay HSE’s registration fee
Submit a simplified registration dossier (which does not need to include the LoA)

Once these steps have been completed the substance can be placed on the GB-market. The full registration dossier will have to be submitted within 2, 4 or 6 years form 27 October 2021 (depending on the tonnage band and risk profile of the substance)

Please note that NRES only applies to substances that were registered under EU REACH before 31^st December 2020.

Exporters of a non-EU-registered substance wishing to access the GB market:

Exporters who do not qualify for DUIN or NRES must register their substances under UK-REACH before they may place that substance on the GB-market. Non-GB based exporters must appoint a GB-based OR to complete the full registration of the substance. To register, exporters need to

Submit an Inquiry
Pay HSE’s registration fee
Submit a full registration dossier (including the LoA)

Which procedure applies to your business?

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Actionable Summary for Chemical Businesses

Identify the substances to be placed in the GB market in qty. ≥ 1 tpa apart from the EU exports earlier
Check- if the substance is already registered in EU-REACH as EU Registered substances make you eligible for DUIN
Check- if the substance will be placed in the GB for the first time - Submit inquiry and registration dossier as soon as possible
Early submission means possibility to be a part of substance group so prioritise substances for inquiry submission immediately after DUIN
Check- if the SDS is updated or not – the substance classification should be as per the new GB CLP
Identify the competent OR to take responsibilities towards your UK-REACH compliances.
Be transparent to your OR and give complete information to avoid any non-compliances

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UK consults on potential restrictions for substances in tattoo inks and permanent make-up

Sep-23-2022

The UK Health and Safety Executive (HSE), as the implementing agency for UK REACH, is currently consulting on different potential options for a UK REACH restriction on subs...

The UK Health and Safety Executive (HSE), as the implementing agency for UK REACH, is currently consulting on different potential options for a UK REACH restriction on substances to be used in tattoo inks and permanent make-up.

The proposed restriction would be in line with a similar restriction introduced in the EU through Commission Regulation (EU) 2020/2081, which entered into force in January 2022.

According to the HSE, uncertainties about the substances causing tattoo-related complications and their prevalence, it is difficult to quantify the level of risk that is associated with substance use for tattoo inks and permanent make-up. The restriction is therefore proposed on a precautionary basis, and it seeks to address the lack of UK regulations on the topic.

In line with the existing EU restriction, the UK restriction proposal would address the following groups of substances, imposing conditions on their use in tattoo inks and permanent make-up:

Substances that have a harmonized hazard classification under the UK CLP for one of the following hazards:
- Carcinogenic, mutagenic, or toxic to reproduction (categories 1A, 1B or 2)
- Skin sensitising (categories 1, 1A or 1B)
- Skin irritant or corrosive (categories 1A, 1B, 1C or 2)
- Eye damaging and irritant (categories 1 or 2)
Substances that have been prohibited under the EU Cosmetics Regulation (listed in Annex II therein)
Colorants subject to use conditions under the EU Cosmetics Regulation (as specified in its Annex IV)

For these substance groups, HSE is proposing three alternative restriction options. While the restriction proposal contains several exceptions, the overarching approaches are depicted in the table below. A further point of differentiation is the automatic implementation of changes to the EU Regulation.

Substance group	Option 1	Option 2	Option 3
Harmonized through UK CLP	Concentration limits	Concentration limits	Concentration limits
Annex II of the EU Cosmetics Regulation	Cannot be used if prohibited	Concentration limits	Concentr
Annex IV of the EU Cosmetics Regulation	Cannot be used if prohibited	Concentration limits	Concentration limits
Automatic incorporation of list updates	Yes for all	Yes for UK CLP No for EU Regulation Annexes	Yes for all

Additionally, the restriction would also introduce some labelling requirements to complement existing regulations on the topic:

The labelling of all ingredients that would not be identified under the UK CLP
The highlight of the presence of nickel and chromium VI if applicable
The provision of a manufacturer’s reference number
The identification of the intended use of a mixture as tattoo ink or in permanent make-up, and instructions for use

Consultation on the scope of the restriction and on the proposed restriction options is open until November 6, 2022. An additional consultation will be held at a later stage on the socioeconomic impacts of the restriction.

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UK agencies release report on potential approaches to mixtures risk management under UK REACH

Aug-26-2022

On August 17, 2022, the UK’s Environment and Health Security Agencies released a report reviewing potential approaches to the management of risks arising from unintention...

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