REACH legislation came into force on 1 June 2007 and is often noted as the most important EU legislation for industry. The changes it brings have a profound and far reaching impact on the plastics supply chain throughout the UK.  The aim of the BPF REACH toolbox is to help you to understand your responsibilities and equip you with the tools required to effectively deal with REACH. The BPF REACH team have put together a variety of articles, tools and useful links so that any plastics company looking to gather information on REACH can do so in an easy one-stop-shop solution - the REACH Toolbox. What is REACH? Useful Links

REACH Explained
REACH Roles & Duties
REACH 'Bitesize' Advice
REACH Case Studies
REACH Enforcement 

Important Organisations

			European Chemicals Agency The Agency, located in Helsinki, Finland will manage the registration, evaluation, authorisation and restriction processes for chemical substances to ensure consistency across the European Union.
			UK Competent Authority In the UK, the Competent Authority is hosted by the Health and Safety Executive, working with the Environment Agency and other government departments. UK REACH CA FREE e-bulletin service: recieve the lastest news and information on REACH in this free regular email newspaper.
			EuPC Services REACH Helpdesk REACH Club offers networking opportunities for anyone interested in REACH and its impact on the plastics industry.                               Safety Data Sheet for Recyclers (SDS-R Tool)

 

In the event of No-Deal Brexit

In the event of a no deal, the UK would ensure UK legislation replaces EU legislation via the EU Withdrawal Act, establish a UK regulatory framework and build domestic capacity to deliver the functions currently performed by ECHA. The legislation would preserve REACH as far as possible, while making technical changes that would need to be made because the UK has left the EU.

In the event that the UK leaves the EU without a deal, this would mean:

• Companies registered with REACH would no longer be able to sell into the EEA market without transferring their registrations to an EEA-based organisation. Companies would therefore need to take action to preserve their EEA market access.
• UK downstream users currently importing chemicals from an EEA country would face new registration requirements. Under the UK’s replacement for REACH, importers would have a duty to register chemicals. Similarly, UK downstream users of authorisations would no longer be able to rely on authorisation decisions addressed to companies in the remaining EEA countries.

UK REACH (No Deal Brexit)

It is important to note that current downstream users of chemicals would become importers, meaning they will also have registration obligations under UK REACH. Please see below for information on UK REACH – for more information please see the Government’s UK REACH guidance if there is no Brexit deal.

Implications for UK business

The role you currently undertake within EU REACH may change, in some cases significantly. It is therefore important that you undertake a review of your role(s) within the EU and UK REACH regimes. To maintain or gain access to the EU/EEA and the UK markets, there may be a number of actions you will need to take if there is no deal with the EU. For  example:

For existing EU REACH registration holders

• In order to continue exporting substances or mixtures to the EU/EEA market, UK-based entities currently holding EU REACH registrations would need to transfer their registrations to an EU/EEA-based entity, or support their EU/EEA-based importers to become registrants. Further details are available on the ECHA website.
• Entities currently holding EU REACH registrations would also need a valid UK REACH registration to maintain access to the UK market.

For downstream users

• UK downstream users (who do not hold an EU REACH registration) currently purchasing chemicals from an EU/EEA country would need to ensure the substances they purchase are covered by a valid UK REACH registration held by an actor within their supply chain. If purchasing quantities of one tonne or more per year, they could either:
  • encourage the EU/EEA supplier to appoint a UK-based OR;
  • become the importer and take on the duty to register chemicals for the UK market; or
  • change source to a UK registered supplier.
• UK downstream users using a substance subject to an existing EU REACH authorisation would need to provide information to the UK Agency (the HSE) to continue to benefit from the authorisation.    

In a no-deal scenario, the UK and the EU regulatory agencies would operate independently from each other. If companies are supplying and purchasing

substances, mixtures or articles to and from the EU/EEA and the UK, they will need to ensure that the substances, or substances within a mixture/article, are registered with both agencies (ECHA and the UK Agency, i.e. the HSE) separately, by an actor within their own supply chain, in order to maintain or gain access to both markets.

The HSE’s scenario table in the event of a no deal Brexit is also useful to see the implications for your particular business.

EU REACH (No Deal Brexit)

With continued political uncertainty regarding the withdrawal agreement, the European Chemicals Agency (ECHA) urges companies to act now to continue complying with their obligations under the REACH; Classification, Labelling and Packaging (CLP); Prior Informed Consent (PIC); and Biocidal Products (BPR) regulations.

To keep substances that are registered under REACH legally on the EU-27/EEA market, UK-based manufacturers and formulators can either transfer their business to, or appoint an only representative in, one of the EU-27/EEA countries.

Subject to further developments, ECHA will open a ‘Brexit window’ in REACH-IT from 12 to 12 April or 22 May, 24:00 hours CET (11 p.m. UK time) to enable UK-based companies to make these changes and transfer their REACH registrations. If an only representative is not appointed, the EU-27/EEA importers will have to submit their own registrations.

Step-by-step instructions for using the ‘Brexit window’ are now available on ECHA’s web pages for the UK’s withdrawal from the EU. The pages also include a link to the European Chemical Industry Council’s (Cefic) recommended standard wording for the suspensive conditional clause to be used in contractual arrangements when appointing only representatives.

For more information, please visit ECHA’s UK withdrawal page.