Product Compliance Resources provided by ProductIP

2021-10-08

BREXIT - UK REACH is no EU REACH

Disclaimer: This document provides guidance and is not a legally binding interpretation and shall therefore not be relied upon as legal advice.

UK REACH is no EU REACH

BREXIT affects the business for consumer products on the UK market dramatically. The legal obligations that apply to consumer products under EU REACH are extensive. The same goes for UK REACH applicable on the UK market. On 01 January 2021, the UK REACH regulation entered into force in Great Britain. UK REACH is based on EU REACH as a starting point, however, EU REACH is completely separate from UK REACH. 

The UK competent authority for REACH is the Health and Safety Executive (HSE). Detailed guidance on UK REACH can be found on the HSE website. 

UK REACH restricted substances

UK REACH has its chemical databases for restricted chemical substances. This database in excel sheet format can be found on the HSE website. As a starting point, it is an adoption of the EU REACH restriction list. The UK REACH restriction list is independent of the EU REACH restriction list. Over time the UK restriction list will be supplemented and/or changed.

Administrative obligations under UK REACH

Under UK REACH you must follow the UK’s administrative obligations for notification, authorisation and registration of chemical substances. The UK’s administrative obligations are almost identical to the equivalent provisions under EU REACH. The difference is that administrative obligations under UK REACH must be addressed to HSE instead of ECHA. 

UK REACH notification of SVHC’s in consumer products

If a consumer product contains a UK’s listed Substance of Very High Concern (SVHC) notification with the HSE might be required. The UK’s listed Substance of Very High Concern (SVHC) can be found on the HSE website in excel format.

Importers can find detailed guidance on the HSE website.

UK REACH registration of chemical substances 

Any Great Britain (England, Scotland and Wales) legal entity intending to manufacture or import a chemical substance into Great Britain at or above 1 tonne per year is required to submit a registration to HSE for that substance. Detailed guidance can be found on the HSE website.

 

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