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The UKs withdrawal from the EU

REACH

My company is a UK-based manufacturer of chemical substances. I would like to keep on supplying my customers in the EU/EEA following the UK withdrawal from the EU. What are my options?

After the transition period, you will be regarded as a non-EU manufacturer. Only manufacturers and importers based in the EU/EEA have registration obligations. However, if you wish to continue supplying to your EU/EEA-based customers, you may consider one of the following options:

  • Like any EU/EEA-based legal entity, you can transfer your existing registration to an EU/EEA legal entity, which maintains the manufacturing role if this transfer is the result of a legal entity change, i.e. it must fall into one of the following scenarios:
    • The UK-based manufacturer goes through an acquisition or relocation to the EU/EEA.
    • Intragroup transfer of the whole operations / manufacturing activity (e.g. transfer of the activity from a UK-based mother company to an EU/EEA-based daughter company).
  • With regard to the timing of such a transfer, it must take place ahead of the end of the transition period and be notified to ECHA (through the ‘Legal entity change’ functionality in REACH-IT) without undue delay. Under both scenarios, following the transfer, the UK legal entity is not allowed to benefit from the registration any longer (i.e., they must cease manufacturing activities). After the end of the transition period, when UK-based companies will no longer be bound by the REACH Regulation, manufacturing may restart in the UK, subject to relevant UK law.
  • You can appoint an Only Representative (OR) within the EU/EEA. For further details (particularly with regard to the timing), please refer to Q&A 1464.
  • Alternatively, your EU/EEA-based customers can continue sourcing from you by registering the substance(s) themselves, as importers.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

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