Q&As

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The UKs withdrawal from the EU

BPR

I understand that the Commission has also published information on the impact of the UK withdrawal on companies with obligations under the Biocidal Product Regulation (BPR). Where can I find that information?

On 13 September 2017, the Commission published a “notice to business operators” on the impact of the UK withdrawal on the policy webpage of the Directorate General for Health and Food Safety. Simultaneously, it released a set of Q&As to be found on the same webpage. They provide similar information as that to be found on the ECHA webpages.

My UK-based company is the holder of a product authorisation in an EU-27 Member State or of a Union authorisation under the BPR. What effect will the UK withdrawal have on our authorisation?

According to Article 3 of the BPR, an authorisation holder must be established within in the European Union. By virtue of the EEA Agreement as well as the Mutual Recognition Agreement with Switzerland, an authorisation holder can also be established in Iceland, Liechtenstein, Norway or Switzerland. You will therefore need to transfer the authorisation to a new holder established within an EU-27 Member State or one of the afore-mentioned countries before the UK withdrawal. You can trigger the amendment of your existing authorisation by means of an administrative change requiring prior notification before implementation (see point 3 in section 1 of Title I in the Annex to Commission Implementing Regulation (EU) No 354/2013 on changes of biocidal products).

What effect will the UK withdrawal have with regard to active substances that were originally evaluated by the UK and subsequently approved by the European Commission or an EU Member State?

The UK withdrawal will not have any effect to the validity of the approval of these active substances. The approval of these active substances is a decision taken at EU level.

What effect will the UK withdrawal have on substances that are currently in their notification / subsequent application phase with the UK providing the evaluating Competent Authority (eCA), or for which the application for renewal of approval is normally expected to be submitted in the UK, in case the procedure will not be completed by the time of the UK withdrawal?

The European Commission and our Agency, in cooperation with the EU-27 Member States, will prepare the groundwork for a handover of such pending cases.

My UK-based company is listed as a supplier according to Article 95 of the Biocidal Products Regulation. With a view to the UK withdrawal, what do we need to do?

According to Article 95(1) and (2) of the BPR, substance or product suppliers listed in the Article 95 list must be established within the European Union. Therefore, you will need to appoint a representative established within the Union (or the EEA countries or Switzerland) and communicate this to ECHA (by submitting a “request for correction”) in due time, so that the information on the list is updated before the date of the UK withdrawal from the EU. Otherwise, the UK supplier will be removed from the Article 95 list, and biocidal products from this source would no longer be allowed to be made available on the EU market.

My non-EU company is listed as a supplier under Article 95 of the BPR and established outside the EU. My EU representative is established within the United Kingdom. What effect will the UK withdrawal have on my company’s interests?

According to Article 95(1) and (2) of the BPR, substance or product suppliers listed in the Article 95 list must be established within the European Union. Therefore, you will need to appoint a new representative established within the Union (or EEA countries or Switzerland) and communicate this to ECHA (by means of a “request for correction”) in due time, so that the information on the list is updated before the date of the UK withdrawal from the EU.

Will my UK-based company still be able to submit requests for active substance approval or inclusion of a substance on Annex I, after the UK withdrawal?

Yes, but the application will have to be submitted in an EU-27 Member State (or an EEA country or Switzerland). Contrary to the case of a product authorisation, applicants for the approval of an active substance or Annex I inclusion are not "holders"/"owners" of an approval and do not need to be established in the EU. Third country entities can undertake such submissions.

Will ECHA still grant UK-based companies a right to refer to studies that ECHA holds, also after the UK withdrawal?

Yes, the data sharing mechanism under Articles 62 and 63 of the BPR will be available to such companies, for the purposes of the BPR. In fact, it is a requirement to make an inquiry to the Agency in the case of vertebrate studies (see Article 62(2)(a) of the BPR).

Will my UK-based company still have an access and possibility to submit a dossier via the R4BP 3 submission tool?

Yes. Companies based in third countries have access to R4PB 3 for certain processes, e.g., active substance approval, notifications and submissions. Upon its withdrawal, the UK will become such a “third country”.

Will the substance or product-specific data owned by my UK-based company remain protected by the data protection rules of the BPR after the UK withdrawal?

Yes. Data protection applies to all information submitted for the purposes of the BPR or its predecessor, the Biocidal Products Directive.

The manufacturing site of the active substance / biocidal product that my EU-27-based company is placing on the EU/EEA market is located in the United Kingdom. Do we need to be concerned about the UK withdrawal?

The BPR does not set any specific requirement regarding the location of the manufacturing site(s) of active substances or biocidal products. Therefore, manufacturing can take place in so-called “third countries” (such as the United Kingdom will be after the date of its withdrawal). You will not need to take any action to continue complying with the BPR. However, shipments to the EU of this active substance / biocidal product will be, as of the UK withdrawal date, importations, which has consequences from the viewpoint of other sectorial legislation (e.g. the PIC Regulation, customs).

The manufacturing site of a treated article that my EU-27-based company is placing on the EU/EEA market is located in the United Kingdom. Do we need to be concerned?

The BPR does not set any specific requirement regarding the location of the manufacturing site(s) of treated articles, which can be manufactured in third countries. Treated articles manufactured in third countries can be placed on the EU market if they meet the conditions of the BPR, in particular Articles 58 and 94. However, shipments to the EU of this treated article will be, as of the UK withdrawal date, importations, which has consequences from the viewpoint of other sectorial legislation (e.g. customs).

What will happen to treated articles that are manufactured outside the EU and first imported into the UK before the UK withdrawal, and made available on the EU-27 market after the UK withdrawal?

Any treated article placed on the EU market is subject to the provisions of the BPR, in particular Articles 58 and 94. If the treated article was placed on the UK market before UK withdrawal, it is expected to be compliant with the BPR already, and there should be no specific consequences as regards to compliance with the BPR (i.e. active substance approved in the EU-27, proper labelling information etc.). However, shipments to the EU of this treated article will be, as of the UK withdrawal date, importations, which has consequences from the viewpoint of other sectorial legislation (e.g. customs).

Currently, the UK is acting as evaluating Competent Authority (eCA) or reference Member State (refMS) in an on-going regulatory procedure related to my company (e.g. active substance approval, renewal of an active substance approval, Union authorisation, simplified authorisation procedure, mutual recognition in parallel, renewal of product authorisations under Commission Delegated Regulation (EU) No 492/2014 or applications for minor or major changes under Commission Implementing Regulation (EU) No 354/2013). What effect will the UK withdrawal have on the pending process?

According to the BPR, the role of evaluating Competent Authority (eCA) or reference Member State (refMS) is attributed to (the Competent Authority of) a Member State. Through the EEA Agreement as well as the Mutual Recognition Agreement with Switzerland, this is extended to further include Iceland, Liechtenstein, Norway, and Switzerland. As a business operator affected by an ongoing procedure for which the UK is currently acting as eCA/refMS, you are advised carefully monitor the UK authority’s progress and take the relevant actions. For example, if you see clear indications that the UK authority will not conclude the procedure by the date of the UK withdrawal, you may consider changing to another evaluating Member State. The services of the European Commission and our Agency will work with the EU-27 Member States, EEA countries and Switzerland to establish a coordinated approach to ensure a timely agreement and technical transfer of the file in case such a change is needed. We will also communicate the agreements reached on such transfers. This will be particularly relevant for the review programme of existing active substances for which the Commission Delegated Regulation (EU) No 1062/2014 assigned the United Kingdom as evaluating Member State in a legally binding manner.

My company benefits from an authorisation issued by a EU-27 Member State prior to the UK withdrawal date on the basis of the recognition of a UK authorisation. Will my authorisation be affected by the UK withdrawal?

No. There will not be any such effect. The authorisation granted by each EU-27 Member State will remain valid in these EU-27 Member States.

After the date of UK withdrawal, will an EU-27 Member State still be able to issue a national BPR authorisation on the basis of the recognition of a UK authorisation?

No. This will no longer be possible.

My company is currently considering to submit an application under the BPR for which the UK authorities could act as evaluating Competent Authority (eCA) or reference Member State (refMS). How should we proceed?

Until the withdrawal date, the UK remains a member of the European Union, with all the rights and obligations that derive from membership. Thus, you may still choose the UK as eCA/refMS. However, with a view to the timing of the UK withdrawal, you should carefully take into account the timelines that are to be expected for concluding the respective regulatory procedure and take the relevant actions. For example, if you recognise a risk that the authority may not conclude the procedure by the date of the UK withdrawal, it may be preferable to choose another eCA/refMS in order to avoid having to seek a change to another eCA/refMS at a later stage.

My company needs to submit an application for renewal of an approval of our active substance for which the UK acted as the evaluating Competent Authority (eCA) during the first approval procedure. Can my company choose another competent authority as eCA?

Yes. Article 13(3) of the BPR does not require that the eCA for the first approval shall be the eCA for the renewal, although it is usually recommended as a means to streamline the process. The mentioned provision requires that, when you submit your application for renewal, you shall indicate the name of the competent authority that you propose for evaluating your application for renewal and provide written confirmation that that competent authority agrees to do so. The services of the European Commission will work with Members States, EEA countries and Switzerland to establish a coordinated way forward so that the Commission and our Agency can provide clear indications to prospective applicants, in due course.

My company needs to apply for a change or renewal of a product authorisation granted in a mutual recognition procedure in which the UK acted as the reference Member State (refMS). Can my company choose another competent authority as refMS?

Yes. Both the Commission Implementing Regulation (EU) No 354/2013 and the Commission Delegated Regulation (EU) No 492/2014 allow the authorisation holder to choose another refMS for the change as well as the renewal procedure. You will, however, need to submit within the application a written confirmation that the new competent authority agrees to act as refMS.

CLP

After the UK’s withdrawal from the EU, will my UK-based company still need to classify and label our products according to the EU’s CLP Regulation?

As from the date of the UK’s withdrawal, your company will solely be subject to the laws applying in the United Kingdom. Thus, you will no longer need to comply with the CLP Regulation. However, its provisions may continue to remain valid within the UK on the basis of the Repeal Bill, which will – at least temporarily – convert existing EU law directly into the UK legal system.

Should your company be exporting your product to the EU-27, you will need to classify and label your product according to the provisions of the CLP Regulation. You will also need to keep yourself informed of any Adaptation to Technical Progress (ATP) by which the European Commission will be updating specific classification and labelling obligations.

Will my UK-based company still be obliged to apply the harmonised classification for substances as listed in Annex VI to the CLP Regulation?

As from the date of the UK’s withdrawal from the EU, you will no longer be subject to the provisions of the CLP Regulation.

Will my UK-based company still be obliged to seek agreement on the classification of the substances we manufacture in alignment with manufacturers and importers of the same substance within the EU-27?

As from the date of the UK’s withdrawal from the EU, you will no longer be subject to the provisions of the CLP Regulation and thus will no longer have such an obligation.

Will my UK-based company still be obliged to notify the classification of substances in the C&L Inventory?

No, you will not. If you export substances into the EU, your EU-based importer will instead have the obligation to submit the C&L notifications to ECHA. This applies to substances exported as such or in mixtures above the concentration limits triggering classification. Furthermore, the packaging and labelling of any mixture that you export to the EU will need to comply with the provisions of the CLP Regulation.

How will the information that my UK-based company notified to ECHA be used after the UK withdrawal?

The information will remain available under the conditions of the legal notice that ECHA has published along with the inventory. You can, however, update or remove your C&L notification using your REACH-IT account.

When exporting to the UK, will my EU-27-based company still need to include in the labels of our products the pictograms and other label elements that the CLP Regulation prescribes?

The label elements that are based on the United Nations’ Global Harmonised System (GHS) will remain obligatory as the UK will still implement the GHS. Thus, for example, the pictograms will be valid within the UK.

When our EU-27-based company exports to the UK, will the labels affixed to our products still need to be in the English language as required by the CLP Regulation?

After the UKs’ withdrawal from the EU, the legal language requirements will depend on the future UK legislation. In practice, it is safe to assume a need to continue labelling your product in the English language as the de-facto official language of the UK, based on the information and the format prescribed by the CLP Regulation.

How will the harmonised classification procedure be followed if the date of the UK’s withdrawal from the EU precedes a decision on a proposal submitted by the UK for harmonisation?

Depending on the timing and the terms of the UK withdrawal, the continuation and outcome of the harmonised classification procedure may vary.

General

What impact will the withdrawal of the United Kingdom from the European Union have on my UK-based company?

If your business of putting chemical substances, biocidal products or active substances on the market is limited to the territory of the United Kingdom alone, as from the date of the United Kingdom’s withdrawal, your activity will no longer be subject to the provisions of the EU chemicals legislation. With regard to obligations arising from the CLP, BPR, PIC, and REACH Regulations, your legal obligations towards ECHA as the EU’s respective regulatory Agency will also cease. Instead, it will be the UK legislation that applies to you.

You will therefore need to follow the legislative developments in the UK. You are also advised to follow the UK withdrawal negotiations with the EU which may determine your future obligations.

If your business is in any way part of a supply chain that links you to businesses located within the 27 EU Member States remaining after the UK’s withdrawal, you will face some fundamental changes. You will find more detailed advice under the respective headings of these Q&A pages.

Will UK-based companies still be able to rely on helpdesk support for advice and assistance related to the EU chemical legislation?

Yes. With its withdrawal from the EU, the United Kingdom will become a so-called “third country”. The ECHA Helpdesk regularly replies to enquiries from companies based outside the EU/EEA. After the UK withdrawal, UK-based companies should address ECHA via the dedicated contact form.

As from the date of withdrawal, the UK will no longer have the obligation to maintain a national helpdesk to provide advice and assistance on matters governed by the EU’s CLP, BPR or REACH Regulations. You are advised to check with the UK authorities if they will nonetheless provide such advice in practice. You may also wish to address your industry association in the UK

What impact will the withdrawal of the United Kingdom from the European Union have on my EU-27-based company?

As a company based in the EU-27, the obligations flowing from the EU chemicals legislation will continue to apply to you. Your interactions with UK-based business partners, however, will be impacted by the UK withdrawal, as the United Kingdom will become a so-called “third country”. Consequently, you may face new and different UK rules on the import and use of chemical substances. You may also need to adapt your interaction in supply chains involving your UK-based business partners. The Q&A sections on the BPR, CLP, PIC and REACH Regulations will provide you with more detailed guidance in that regard.  

PIC

My UK-based company exports chemicals which are subject to the PIC Regulation to countries outside the EU. We regularly notify our exports via ePIC. Do we need to continue notifying these exports also from the date of the UK withdrawal onwards and, if yes, to whom and by what means?

As the UK will no longer be a Member State of the EU, the PIC Regulation will no longer apply to you. It will be in the hands of the UK legislator to establish rules for exports by companies based in the UK. As the UK is a Party to the Rotterdam Convention on the Prior Informed Consent procedure, the UK will maintain a Designated National Authority (DNA) that will implement PIC at a global level. We suggest that you contact the UK DNA to inform yourself on any national procedures in place regulating your export.

What will happen to the export notifications that my UK-based company submitted prior to the UK withdrawal date of 30 March 2019, for exports in 2019? Will they remain valid?

After the UK’s withdrawal, as a UK-based exporter, you will no longer have any obligations under the PIC Regulation. Consequently, ECHA will disable any export notification submitted by any UK-based company so that it can no longer be used by those companies for exporting in 2019 and beyond.

As a UK-based company, do we need to report on our yearly exports/imports of PIC chemicals also after the UK withdrawal?

As the UK withdrawal will take effect on 30 March 2019, the PIC Regulation will apply in the United Kingdom until that date. Article 10 of regulation obliges exporters to inform, during the first quarter of each year, the designated national authority of their Member State regarding the quantity of the chemical, as a substance and as contained in mixtures or in articles, shipped to each Party or other country during the preceding year. Thus, you will need to report on your exports/imports of PIC chemicals which took place in 2018.. You will have no obligations for reporting data on exports/imports after 2019. However, we recommend that you check with the relevant national authority in the UK to verify whether you will have reporting obligations under the national UK legislation.

My company is based in the UK, however, our exports of PIC chemicals are shipped directly to a non-EU country from a branch which is located in an EU-27 Member State. As we hold the contract with the importer in the non-EU country, we need to continue submitting export notifications in ePIC in order to obtain the necessary approval for these exports. How will we be able to do this?

As a UK-based company, you will no longer have access to ePIC and do not need to notify your exports in this way. However, in this case, even though you hold the contract for this export, in accordance with Article 3(18)(b) of the PIC Regulation, the EU-based branch of your company will take on the role of the exporter. They should therefore contact their DNA within the EU (contact details available here: https://echa.europa.eu/information-on-chemicals/pic/designated-national-authority) in case they are not already aware of their obligations under the PIC Regulation.

My UK-based company exports chemicals which are subject to the EU PIC Regulation and to the Rotterdam Convention on the Prior Informed Consent procedure. Do we have to notify our exports to the EU after the UK withdrawal?

The UK is itself a Party to the Rotterdam Convention. Therefore, you will still have obligations when exporting chemicals that are included in Annex III to the Convention. If you are exporting to an EU Member State, you must first check in the latest PIC Circular whether the EU has provided an import response. In the absence of a response, you should contact the PIC DNA in the UK for further information.

My UK-based company exports chemicals subject to the EU’s PIC Regulation (i.e., other than the chemicals subject to the Rotterdam Convention) to EU Member States. Will we have to notify our exports to the EU after the UK withdrawal?

Only exporters based in the EU have a legal obligation to notify exports of the chemicals listed in Annex I part 1 and 2 of the EU PIC Regulation. As the UK will no longer be a Member State of the EU, you will no longer have any obligations in relation to the PIC Regulation. You are, however, advised to inform yourself of any obligations that may derive from national UK legislation.

Will my UK-based company continue having access to ePIC? If not, will we be able to export our data from the system?

After the UK withdrawal, UK-based companies will no longer have access to ePIC. Currently, ePIC does not include any functionality allowing data to be exported from the system.

Will my UK-based company be able to access ePIC after the UK withdrawal for the purpose of consulting information on my exports and related data from previous years?

ePIC is the IT tool that is provided for use by relevant stakeholders within the EU for the purpose of administering the implementation of the PIC Regulation. After the UK withdrawal, companies based in the UK (as well as the former UK Designated National Authority - DNA) will no longer have access to ePIC or to the data it contains.

Will the PIC data provided by my UK-based company remain public after the UK withdrawal?

Yes, the data will continue to be available on the ECHA website.

After the UK withdrawal, will my EU-27-based company need to notify an export of a chemical subject to the PIC Regulation to the UK?

Yes. The EU PIC Regulation places obligations on companies based in the EU who wish to export chemicals listed in Annex I to non-EU countries. As the UK will no longer be a Member State of the EU, any such exports will need to be notified.

After the UK withdrawal, will my EU-27-based company need to notify an export of a chemical subject to the Rotterdam Convention (and therefore also to the PIC Regulation) to the UK?

The UK is itself a Party to the Rotterdam Convention. Therefore, if you are planning to export a chemical listed in Annex III to the Rotterdam Convention to the UK, you must check in the latest PIC Circular whether the UK has provided an import response. In case there is a positive response, it will be sufficient to submit a special RIN request (please see the factsheet); in the absence of a response, you must submit an export notification, and an explicit consent from the authorities in the UK will be required in order for the export to take place.

After the UK withdrawal, will my EU-27-based company need to notify an export of a chemical subject to the PIC Regulation to Gibraltar?

As Gibraltar is currently (i.e., even prior to the UK withdrawal) not a part of the EU customs territory, you will simply need to continue notifying your exports of chemicals subject to the PIC Regulation also after the UK withdrawal.

My EU-27-based company buys a product from a company based in the UK and it is subsequently shipped directly to my customer who is based in another non-EU country. Do we need to notify the export?

Even though you hold the contract for this export, in this case, in accordance with Article 3(18)(b) of the PIC Regulation, the UK company currently takes on the role of the exporter. After the UK withdrawal, the UK company will no longer have any obligations under the EU PIC Regulation. Consequently, no export notification will be needed.

However, please note that the following circumstances may lead to exceptions:

  • Any national legislation regulating exports in place in the UK;
  • If the exported chemical is listed in Annex III to the Rotterdam Convention (as well as being subject to the EU PIC Regulation).
My EU-27-based company imports chemicals subject to PIC from companies based in the UK. Will we have any additional obligations after the UK withdrawal?

Yes, pursuant to Article 10(1) of the PIC Regulation, in the first quarter of the year following the import you should provide details on the import(s) to your Designated National Authority (DNA) by means of ePIC (https://echa.europa.eu/support/dossier-submission-tools/epic).

REACH

With a view to the UK withdrawal from the EU, does my UK-based company still need to submit a registration dossier for a phase-in substance to ECHA by the 2018 REACH registration deadline? Would we need to do the same for a non phase-in substance?

Until the date of the withdrawal of the UK on 30 March 2019, the UK remains an EU Member State in which the provisions of the REACH Regulation fully apply. You will therefore have to register your substance for the 2018 REACH registration deadline. Moreover, your registration obligations will continue until the date of the UK withdrawal. Even beyond that date, it will be advisable for you to follow the legislative development in the UK with regard to domestic registration obligations.

My UK-based company has successfully registered a substance, and ECHA has provided my company with a registration number. How will the UK withdrawal from the EU affect my registration?

Article 3(7) of the REACH Regulation establishes that a registrant must be a manufacturer or importer of a substance or a producer or importer of an article. Article 3 (4), (9) and (11) stipulates that registrants must be established in the EU. After 30 March 2019, the UK will no longer be a Member State of the EU. Hence, any UK-based registrant can no longer be a registrant. For the purpose of the EU’s REACH Regulation, any registration by such a registrant will therefore be regarded as non-existent, as your company will, after the UK withdrawal, be based in a “third country” outside the EU/EEA. Consequently, your EU-EEA customers will need to register the respective substance themselves. Alternatively, in order to continue supplying your EU-27(or EEA)-based customers on the basis of your own registration, as a manufacturer you will need to either relocate to the EU-27/EEA or to appoint an Only Representative within the EU-27/EEA. As a UK-based importer from a non-EU/EEA country, you will have the option to legally establish yourself as an importer based within the EU-27.

My UK-based company is currently acting as an Only Representative of a non-EU manufacturer. Once the United Kingdom leaves the European Union, how will that affect our status of Only Representative?

The REACH Regulation is very clear in this regard. According to its Article 8, Only Representatives shall be legally established within the EU. After the UK withdrawal, this will mean the territory of the EU-27/EEA. The manufacturer having appointed you as Only Representative will need to involve an Only Representative based in one of the EU-27 Member States or the three EEA Member States, and you will need to change the Only Representative in REACH-IT.

My UK-based company has paid the requisite fee to ECHA for the registration of our substance whilst the United Kingdom is currently still a Member State of the European Union. Will ECHA charge the payment of a fee for a legal entity change in the case that our company transfers our REACH registrations or the Only Representative status to an Only Representative based in the EU-27?

Under the provisions of the REACH Fee Regulation, our Agency will indeed charge the foreseen fee. The circumstance of the UK withdrawal from the EU does not provide a legal basis for waiving the charge of fees.

My UK-based company has registered a substance with ECHA. Will we still need to update our dossier after the UK withdrawal?

No. As the EU legislation will no longer apply to the UK after the withdrawal date, you will no longer be subject to the obligation of updating your dossier without undue delay.

My UK-based company is placing a substance of very high concern (SVHC) which is mentioned in Annex XIV of the REACH Regulation on the EU/EEA market. With a view to the UK withdrawal from the EU, will we need to apply for a REACH Authorisation for its uses?

This depends on what date comes earlier – the respective sunset date or the date of the withdrawal of the United Kingdom from the European Union. If the date of withdrawal precedes the respective sunset date, you will not need to apply for a REACH Authorisation as the REACH Regulation will no longer be binding in the United Kingdom. After the UK withdrawal, you will no longer be bound by the REACH prohibition of placing substances on Annex XIV on the market, and as a non-EU company, you will yourself not be entitled to apply for a REACH Authorisation. Instead, the EU-27-based importer of the substance and/or the EU-27-based downstream user of the substance may need to apply for REACH Authorisation for the use of the substance in the EU.

My UK-based company holds a valid REACH Authorisation for certain uses of a chemical substance, granted by decision of the European Commission. After the UK withdrawal, will we still need to adhere to the conditions of use determined by this decision?

As from the date of the UK withdrawal from the EU, the REACH Authorisation granted to your company will cease to have effect under EU law. You will no longer need to comply with the conditions established by the Commission’s Authorisation decision.

My UK-based company is a downstream user within the UK of a substance covered by a REACH Authorisation in accordance with Article 56 (2) of the REACH Regulation. Will we need to continue to comply with the obligations imposed by the Authorisation decision also after the UK withdrawal?

No. As the EU legislation will no longer apply to the UK after the withdrawal date, you will no longer be subject to this obligation.

My UK-based company is a downstream user of a chemical substance registered under REACH. After the UK withdrawal, will we need to continue informing our UK supplier of its uses?

No. As the EU legislation will no longer apply to the UK after the withdrawal date, you will no longer be subject to this obligation.

My UK-based company is a downstream user of a chemical substance registered under REACH. After the UK withdrawal, will we need to continue informing our EU-27 supplier of its uses?

No. As the EU legislation will no longer apply to the UK after the withdrawal date, you will no longer be subject to this obligation.

My UK-based company is a downstream user of a chemical substance registered under REACH. After the UK withdrawal, will we need to continue notifying ECHA of its uses?

No. As the EU legislation will no longer apply to the UK after the withdrawal date, you will no longer be subject to this obligation.

My EU-27-based company is purchasing a chemical substance from a UK-based business partner which has registered the substance under REACH. Can we still rely on the substance having been legally and validly registered within the EU in accordance with the REACH Regulation after the UK leaves the EU?

No. Your business partner will need to appoint an Only Representative established within the EU-27 or relocate to the EU-27 for the substance to remain legally registered with ECHA for the EU-27/EEA. In the absence of such an appointment or relocation by your UK-based supplier, you will need to register the substance yourself as an importer.

My EU-27-based company is a registrant in a joint submission for which a UK-based company is the Lead Registrant as well as owner of the data to which we have obtained a Letter of Access. What impact will the UK withdrawal from the EU have on our registration?

After the date of the UK withdrawal, the registration by the UK-based company will be considered non-existent. To ensure that you can benefit from a functioning joint submission with a lead registrant, you should ensure that the lead registrant moves to the EU or does a legal entity change to become an EU-27-based Only Representative, or appoint a new lead registrant and transfer the lead registrant role before the date of the UK withdrawal. Agreements among registrants should include a provision regulating the case that the appointed Lead Registrant can no longer exercise their function and foreseeing that the shared information is transferred to a new lead registration, as well as arrangements to ensure data and cost sharing can be continued in the future.

My EU-27-based company is using a substance under the conditions of a REACH Authorisation that the European Commission has granted to our UK-based supplier. Will we still be covered for the downstream use of the substance?

No. As the REACH Regulation will no longer apply to the UK upon the UK withdrawal from the EU, the respective REACH Authorisation will lose its legal effect with the date of the UK withdrawal. You will need to assure yourself that you or one of your upstream suppliers based in the EU has obtained a REACH Authorisation for the respective use of the substance, taking the place of your UK-based business partner.

Based on the Community Rolling Action Plan (CoRAP) 2012-2014 and its updates (lastly the update that ECHA published on 21 March 2017, covering the years 2017, 2018 and 2019), the review of certain substances under the REACH evaluation process is assigned to UK public authorities. What will happen to the respective substance evaluations that will still be pending by the date of the UK withdrawal?

Our Agency, in collaboration with the European Commission and Member State competent authorities, will review all pending substance evaluations in due time for appointing another Member State authority to take over the respective evaluation. The UK withdrawal is also being taken into consideration in the draft CoRAP update for the years 2018-2020 as well as subsequent updates.

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