UK REACH: Deadlines Extended for Registrants and Importers to Submit Information to the Health and Safety Executive

Published on 29 June, the REACH Regulations 2023 amend the retained version of Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (“the REACH Regulation”). The purpose of this instrument is to extend the current legislative deadlines for registrants to submit information to the Health and Safety Executive (“HSE”) under UK REACH.

Extension for Downstream Users and Distributors

It also extends the period in which downstream users and distributors who were importing before the end of the EU Exit Implementation Period (“pre-IP completion”) can continue to import chemicals from the EU without submitting a full registration. Extending these timelines will provide sufficient time for the government to develop and introduce a new transitional registration model.

Alignment of Compliance Checks and Submission Deadlines

This instrument also amends the dates by which the HSE are required to carry out their compliance checks so that these dates now align with the extended submission deadlines.

Understanding the Requirements of UK REACH and EU REACH

Under EU REACH, manufacturers and importers must demonstrate, in a registration dossier, that they understand the hazards and potential risks of their chemicals and that they can be used safely. They must register this information in a central database under the management of the European Chemicals Agency (“ECHA”). Under the “no data, no market” principle, the EU market for a substance is denied to manufacturers and other actors unless they have assessed and registered the substance.

Registration Duty for Importers and Transitional Provisions

UK REACH places a new registration duty on importers of chemicals from the EU (previously classed as downstream users and distributors under EU REACH). To help with the move into the domestic regime, transitional provisions are also in place for these operators so that they can follow the same submission deadlines as UK registrants, after which they cease to be regarded as downstream users and distributors.

Revised Importer Information Submission Deadlines

This instrument amends the current UK REACH importer information submission deadlines by 3 years to:

• 27 October 2026, for substances included on the EU REACH candidate list before UK REACH came into effect on 31 December 2020; substances that are carcinogenic, mutagenic or toxic for reproduction and manufactured or imported in quantities of 1 ton a year or more; substances that are very toxic to aquatic life and manufactured or imported in quantities of 100 tons or more a year; and all substances manufactured or imported in quantities of 1,000 tons or more a year;
• 27 October 2028, for substances added to the UK REACH candidate list before the above submission deadline; and all substances manufactured or imported in quantities of 100 tons or more a year;
• 27 October 2030, for all substances manufactured or imported in quantities of 1 ton or more a year.

Revised Compliance Check Dates

Lastly, this instrument also amends the dates by which HSE must carry out 20% of compliance checks to 27 October 2027, 27 October 2030, and 27 October 2035.

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