OR Service in the UK
OR Service in the UK

OR Service in the UK

OR Service in the UK

On 31 January 2020 the United Kingdom (UK) withdrew from the European Union. Following this so-called Brexit, the new UK chemicals regulatory framework, UK REACH, came into force on 1 January 2021. It currently applies to Great Britain (GB).

Non-GB companies (manufacturers, formulators and suppliers) now have three options to ensure compliance with the new legal requirements, if they want to maintain access to the GB market:

  • use a GB subsidiary
  • appoint an Only Representative (OR) in the UK
  • the GB partner can assume the obligations as importer

Within 300 days of the end of the transition period (until 28 October 2021), GB-based importers and companies based outside GB, who have appointed an OR to act on their behalf, needed to file a DUIN (downstream user import notification) under Article 127E of the Statutory Instruments (SI 2019 No. 758). This was to notify the HSE and to provide initial information regarding the substances they wish continue importing into GB. Late DUIN is possible. Prerequisite is an existing EU REACH registration under EU REACH before 1 January 2021, and actual import into GB in 2019/20.

If there is an existing EU REACH registration under EU REACH before 1 January 2021 for your substance, but no actual import into GB in 2019/20, you will be a New Registrants of an Existing Substance (NRES).

In both cases the submission of an Article 26 inquiry under UK REACH will be required.

Which means your OR must submit an inquiry dossier containing information
- about the potential registrant
- about the identity of the inquired substance (Sameness)
- where the potential registrant would need to carry out new studies, including those involving vertebrate animals.

Once you have successfully inquired about a substance, you will receive your inquiry number (and your NRES status will be confirmed if applicable). Your contact details or the contact details of your appointed representative will be shared with existing registrants, grandfathered registrants and other successful inquirers regarding that substance. This will enable you to engage in the data sharing process.

Beginning after those 300 days of the end of the transition period (on 28 October 2021), companies have a defined timeframe for the full registrations of their substances to be completed, depending on tonnage band and hazard profile (see below). The Health and Safety Executive (HSE) acts as the UK Agency and has new IT tools available for data submission. Submitting an Article 26 inquiry to notify the HSE about the intention to register a substance is the first step.

 

UK REACH tonnage bands and hazard profiles

Deadline post 28 October 2021*)

Tonnage

Hazardous property

5 years (until 28 October 2026)

1000 tonnes or more per year

Carcinogenic, mutagenic or toxic for reproduction (CMRs) - 1 tonne or more per year

Very toxic to aquatic organisms (acute or chronic) - 100 tonnes or more per year

Candidate list substances (as at 31 December 2020)

7 years (until 28 October 2028)

100 tonnes or more per year

Candidate list substances (as at 27 October 2023)

9 years (until 28 October 2030)

1 tonne or more per year

 

*)According to the newly released SI 2023 No. 722 (The REACH (Amendment) Regulations 2023).

Please, contact us for more information about LAUS OR Services in the UK. Through our UK subsidiary, LAUS Group Ltd, we can act as your OR in the UK.