UK REACH entered into force on 1st January 2021 and it applies in Great Britain (GB). In accordance with the Northern Ireland Protocol, EU REACH still applies in Northern Ireland.
Under the terms of the Withdrawal Bill, EU law as of 1st January 2021, was retained as UK/GB law. However, amendments were made to remove/fix parts that were inoperable in a GB only context. Provisions were implemented to ease the transition from EU REACH to UK REACH applying in GB.
The implementation of UK REACH impacts companies that manufacture, import, and use chemical substances within GB.
As a GB-based company:
- You may have a UK REACH registration duty if you manufacture or import a substance in GB at or above 1 tonne per calendar year. Note, your role in the supply chain may have changed from a downstream user to an importer when UK REACH came into force.
- You may be able to defer your registration duty by making use of one of the transitional provisions such as grandfathering or the Downstream User Import Notification (DUIN). The deadlines for these have now passed, but you can still make use of them if eligible to do so.
There may also be impacts on non-GB based companies:
- If you are based in the EU and import from GB, you may now have an EU REACH registration duty.
- If you are a non-GB manufacturer or formulator or producer of articles, you may wish to appoint a GB-based Only Representative (OR) to fulfil the UK REACH duties on behalf of your GB-based importers. This will ensure you can continue to supply to them without any regulatory barriers.