It is expected that the United Kingdom (UK) leaves the European Union on 30 March 2019. This affects your interaction with British business partners and the British links in your supply chain. In case of a ‘hard Brexit’ the EU membership of the UK ends abruptly. Your British partners then no longer need to comply with the provisions of the REACH legislation.
What changes for you in case of a ‘hard Brexit’? We already answer the most frequently asked questions:
I registered my substance through a joint submission with a main registrant in the UK. Is my registration still valid after the Brexit?
After the Brexit the UK is a ‘third country’ and is no longer part of the EU. Only businesses established in Europe can register a substance. After the Brexit a registration by a British business is therefore qualified as non-existent.
To make sure that you can continue benefitting of your joint submission you should monitor with your fellow registrants that the main registrant relocates to the EU, designates a sole representative established in the EU or transfers the role of main registrant to an organisation within the EU. This must take place before the date of the exit.
Can I, as an importer of a substance, still use the registration of a sole representative established in the United Kingdom after the Brexit?
Suppliers and manufacturers of chemical substances registered these with the ECHA. If they are established outside the EU then they do this in association with a sole representative established in Europe. The sole representatives provide for, inter alia, the REACH registration of substances for businesses that are established outside the EU and cannot personally submit a registration to the ECHA.
European buyers of substances are pleased to rely on the REACH registration of their supplier. In that case they do not need to register the substance themselves.
After the Brexit an organisation established in the United Kingdom can no longer act as sole representative. The sole representative must in that case appoint a new sole representative in the EU or relocate to a European Member State. If your supplier outside Europe does not dispose of a sole representative in the EU then you must register the substance yourself.
Do I now need to register substances with an existing registration that are supplied from the United Kingdom myself?
When the exit of the UK takes effect, your supplier will no longer be established in the EU. Your supplier can designate a sole representative established in the EU who takes over the duties and responsibilities for compliance with REACH.
If your supplier does not do this then you must personally provide for your REACH obligations as an importer. Think about a REACH substances administration and potentially the registration of substances with the ECHA.
Do you want to know what the impact of the Brexit on your situation is? Are you looking for a partner that can support you in the additional obligations that these changes bring about for you? Then contact us via +31 (0)30 – 65 66 010 or email@example.com. You then receive our non-committal offer for substantive advice.