REACH & HARD BREXIT: what does it mean for you?

The United Kingdom (UK) is expected to leave the European Union on March 30, 2019. This will affect your interaction with British business partners and the British links in your supply chain. In a "hard Brexit," the UK's EU membership ends abruptly. Your UK partners will then no longer be able to comply with the provisions in the REACH legislation.

What will change for you in the event of a 'hard Brexit'? We answer the most frequently asked questions in advance:

I registered my substance by a joint filing with a principal registrant in the UK. Will my registration still be valid after the Brexit?

After the Brexit, the UK is a "third country" and no longer part of the EU. Only companies based in Europe can register a substance. Therefore, after the Brexit, a registration by a British company will be considered non-existent.

To ensure that you can continue to benefit from your joint filing, you and your co-registrants must ensure that the Lead Registrant moves to the EU, appoints an EU-based Sole Representative, or the role of Lead Registrant is transferred to an organization within the EU. This must be done before the date of withdrawal.

As an importer of a substance, can I still use the registration of a UK-based Sole Representative after the Brexit?

Suppliers and manufacturers of chemicals have registered them with ECHA. When they are located outside the EU, they do so in cooperation with a European-based Sole Representative. Among other things, the Sole Representatives handle the REACH registration of substances for companies based outside the EU that cannot submit a registration to ECHA themselves.

European buyers of substances like to use their supplier's REACH registration. They then do not have to register the substance themselves.

After the Brexit, a UK-based organization can no longer serve as the Sole Representative. In this case, the Sole Representative must appoint a new Sole Representative in the EU, or have to move to a European member state himself. If your supplier outside Europe does not have an Own Representative within the EU, you must register the substance yourself.

Do I now have to self-register substances with an existing registration that are supplied from the UK?

If the UK withdrawal takes effect, your supplier will no longer be based in the EU. Your supplier may appoint a European-based Sole Representative to take over the duties and responsibilities for REACH compliance.

If your supplier does not do this, you must arrange your REACH obligations as an importer yourself. Consider a REACH substance administration and possibly the registration of substances with ECHA.

Need support?

Do you want to know what impact the Brexit will have on your situation? Are you looking for a partner who can support you with the additional obligations these changes entail for you? Contact us at +31 (0)30 - 65 66 010 or info@precongroup.com. You will then receive our no-obligation quotation for substantive advice.