UK Department for Environment, Food and Rural Affairs publishes UK REACH
The UK Department for Environment, Food and Rural Affairs has published a list of REACH notified substances: Grandfathered Registrations. According to an article from the Health and Safety Executive’s (HSE) of October 1, 2021, REACH eBulletin in UK, the list contains the names and Chemical Abstracts Service (CAS) / European Community (EC) numbers of substances extracted from notifications made under Article 127B (4) (a) of REACH in the United Kingdom. Article 127B (4) (a) required registrants of a former European Union (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) rights with rights acquired in UK REACH notify the HSE of the basic information regarding their registration. This initial transient data was submitted to HSE using the Comply with UK REACH service. The list covers data provided up to July 1, 2021. HSE states that the information on the listed substance has been extracted from the initial transition data and that its accuracy is not guaranteed. This disclaimer aside, the notice is important reading for all stakeholders.
According to HSE, the list is not a verified list of all substances with registrations that have been transferred into UK REACH from EU REACH under Article 127A (1). A substance with a transferred registration will not appear on the list if:
A substance will also not appear on the list if the substance is only imported by a new registrant or a former downstream user or distributor.
Companies based in Great Britain (England, Scotland and Wales) (GB) which, before the end of the Brexit transition period, were downstream users or distributors under EU REACH are required to notify HSE their Downstream User / Distributor status by submitting a Downstream User Import Notification (DUIN). This will suspend the registration fee that they now have as importers. A DUIN must be submitted by October 27, 2021. The DUIN guide is available on the HSE website. HSE notes that the presence of a substance on the list has no impact on the DUIN notification obligation.
The list of substances notified of protected registrations is long overdue. This is the first public list of substances eligible for the UK REACH transitional provision that recognizes EU REACH registrations held by legal entities in Great Britain at any time after March 29, 2017 (the date on which the UK has officially notified its intention to leave the EU) and before December 31, 2020, end of the Brexit transition period. The publication of the notified substances list of protected registrations is the latest in a series of efforts by the UK government to help minimize the trade impacts of Brexit. It provides most interested parties with their first overview of substances which are grandfathered under UK REACH. While the list does not identify grandfathered UK REACH registrants, it may provide additional information for those who cannot access substance information using Comply with UK REACH (that is to say, any legal entity that has not obtained acquired rights or submitted an application for a specific substance) regarding legal entities to be engaged for data sharing discussions.
© 2021 Bergeson & Campbell, CPRevue nationale de droit, volume XI, number 274