Q&As

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The UKs withdrawal from the EU

REACH

Can my company, which is a UK-based manufacturer or formulator, transfer its REACH Authorisation (or its Application for Authorisation) to an Only Representative within the EU-27/EEA? How can my company do this prior to the UK withdrawal from the EU to avoid our Authorisation (or application) being voided as non-existent when the UK withdrawal takes effect?

Yes, such a transfer will become possible at the time of the UK withdrawal.

However, as long as the UK is still a Member State of the EU and your company is therefore not located in a “third country”, your company will not qualify for performing such a transfer. Consequently, we recommend that prior to the UK withdrawal from the EU you set up a contractual agreement to appoint an Only Representative which contains a suspensive conditional clause stipulating that the appointment takes effect on the date when the UK withdrawal from the EU takes effect. The Only Representative will need to adhere to all the conditions of use determined by the Authorisation decision, including any specific duties foreseen in the decision for your company.

Your company will need to notify this change in REACH-IT immediately ahead of the UK withdrawal by transferring the applications or authorisations to the new Only Representative: You will need to initiate the transfer during the ‘Brexit window’ [JAa1] before the withdrawal takes effect, similarly to the instructions in the

 [JAa1]Does it still make sense to talk about a window when we don’t have a closing date?

'How to transfer your UK REACH registrations prior to the UK withdrawal from the EU' guide. In fact, ECHA recommends to initiate the transfer as early as possible during the window, to allow for a timely update should ECHA identify any issue with the attached documentation. See also Q&A 1242 on how to use the legal entity change functionality of REACH-IT for applications for authorisation.

ECHA will forward the notification to the European Commission.

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