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Brexit Update July 2020!

Brexit being implemented from 31st January 2020, the UK has formally left the EU with a withdrawal deal and it is currently in transition period up to 31st Dec. 2020. The UK and the EU have ruled out the possibility of extending the transition period beyond December 2020.

In private communication with HSE, we have been updated, that, UK is still in the transition period (TP) until 31 December 2020, and UK businesses need to continue to comply with EU REACH in their current roles in their supply chains.

HSE indicated that, at this point, we are not able to provide definitive advice regarding arrangements after the TP. The Statutory Instrument (SI) that would have implemented UK REACH in a ‘no-deal’ scenario did not come into effect as the UK left the EU with a withdrawal agreement. The extent to which the provisions in UK REACH (as it is currently drafted) will come into effect at the end of the TP will largely depend on the outcome of the UK-EU trade deal negotiations that are occurring throughout this year. Depending on the outcome, we may need to change some or all the provisions. Any transitional provisions will give sufficient time for companies to comply.

  • UK REACH is based on a grandfathering system to allow companies to transfer existing authorizations and registrations over with minimum data. Full datasets will need to be submitted within two years.
  • The EU's demand for full alignment on REACH in return for access to Echa's data is a sticking point, and something the UK government has rejected. It is set on implementing UK REACH from 1st January 2021, mirroring the EU legislation but with possible future divergence.
  • Further, parliamentary undersecretary of state at Defra Rebecca Pow, said in her letter that UK REACH would be implemented on 1st January 2021, restating that the government was not seeking associate membership of Echa or participation in REACH.
  • Earlier this year, The UK has also released policy papers on its draft UK-EU Comprehensive Free Trade Agreement (CFTA) and the annexes on its plans for the future trade relationship with the EU. The draft specifically does not mention about REACH, but it proposes to cooperate on chemicals regulation, share data, and align approaches towards classification and labeling. The draft annex suggests that both parties would agree to continue and strengthen their cooperation on chemicals regulation to facilitate trade in a way that benefits consumers, businesses, and the environment and provides for the protection of human and animal health. This may include promoting and encouraging cooperation between the respective public or private organizations responsible for the manufacture, distribution, sale, or regulation of chemicals.

We have already set up a UK based OR facility ‘GPC UK’, to support our existing and new potential clients, to be able to comply with the challenges posed by Brexit, on substance exports to the UK.

Brexit and UK REACH Regulation: Latest Updates

With Brexit being implemented from 31st January 2020, the UK has formally left the EU with a withdrawal deal and it is currently into an 11-month transition period. The UK and the EU have ruled out the possibility to extend the transition period beyond December 2020 and the UK will now exit the transition period on the said date, 31st December 2020.

The UK has also released policy papers on its draft UK-EU comprehensive free trade agreement (CFTA) and the annexes on its plans for future trade relationship with the EU.  The draft specifically does not mention about REACH, but it proposes to cooperate on chemicals regulation, share data and align approaches towards classification and labelling. The draft annex suggests that both parties would agree to continue and strengthen their cooperation on chemicals regulation to facilitate trade in a way that benefits consumers, businesses and the environment and provides for the protection of human and animal health. This may include promoting and encouraging cooperation between the respective public or private organisations responsible for the manufacture, distribution, sale or regulation of chemicals.

In our private and recent communication from June 2020 with the UK authorities, they have indicated that during this transition period, the UK businesses need to continue to comply with EU REACH in their current roles and in their supply chains. The UK authorities have indicated that, the extent to which the provisions in UK REACH will come into effect at the end of the transition period will largely depend on the outcome of the UK-EU trade deal negotiations. Based on the outcome of negotiations, the authorities might need to change some or all the provisions and any transitional provisions will give sufficient time span for the companies to comply.

We have already setup a UK based OR entity ‘GPC UK’, to support our existing and new potential clients, to be able to comply with the challenges posed because of Brexit on substance exports to the UK.

For more information or queries, please write to us at: [email protected] 

Brexit and UK REACH Regulation: May 2020 Updates

With Brexit being implemented, The UK has formally left the EU on 31st January 2020 with a withdrawal deal and has now gone into an 11-month transition period which is most likely to end on 31st December 2020. The negotiations between the UK and the EU for a vital trade deal have begun from 2nd March 2020 and they are currently ongoing. Two more rounds of negotiations are expected in May and the beginning of June.

During this transition period, the UK, though not a member state of the EU, will effectively remain in the EU's customs union and as a single market but it will be outside the political institutions and there will be no British members in the European Parliament.

During this transition period—

  1. EU REACH will continue to apply in the UK and businesses do not need to take any action to comply with UK REACH
  2. There is no requirement to transfer UK held registrations to an EU 27 legal entity in order to retain EU market access
  3. Registrations, authorizations and restrictions in place before the UK left the EU will continue to be valid
  4. The process for registering new chemicals under REACH remains unchanged, UK companies are still required to register with the European Chemicals Agency (ECHA)
  5. The UK will recognize all new decisions relating to REACH made by the EU

The extent of the UK’s ongoing participation in EU REACH following the transition period will be determined by the outcome of the UK’s negotiations on its future relationship with the EU.

Sustainability Support Services (Europe) AB has already setup a UK based OR entity ‘GPC UK’, to support its existing and new potential clients, to be able to comply with the challenges posed because of Brexit on substance exports to the UK.

For more information or queries, please write to us at: [email protected] 


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