Echa has updated its advice to companies on Britain’s withdrawal from the EU, with new information on authorisation and registration of substances under REACH.
The advice includes five new Q&As prepared on the basis that Britain will leave the bloc on 29 March 2019. If both parties conclude a withdrawal agreement and a transition period is implemented, Echa said it will amend the Q&As accordingly.
The agency said it does not plan to significantly expand its Q&As ahead of the withdrawal date, but advises companies to check for updates in the coming months
The following five questions and answers have been added:
Q: My company is substance manufacturer located outside the EU/EEA. We have appointed an only representative (OR), located in the UK. What do we need to do to prepare for the UK’s withdrawal?
A: You can appoint a new OR in the EU27/EEA. This must happen before the withdrawal date and Echa must be notified.
Q: My company is a substance manufacturer located outside the EU/EEA, which places the chemical on the EU/EEA market through a UK-based importer. What do we need to do to prepare?
A: Imported substances will need to be registered by a EU27/EEA based legal entity.
Q: My EU27-based company purchases a mixture from a UK-based company. Under the REACH and CLP Regulations, what impact will Brexit have on these supplies?
A: You will need to ask your UK-based supplier if they will appoint an OR. If not, you will need to submit the registrations as an importer yourself.
Q: My UK-based company is a chemical importer. We would like to keep supplying our customers in the EU27/EEA following the UK’s withdrawal – what are our options?
A: You may consider transferring your registration to an EU27/EEA-based legal entity.
Q: My company is a UK-based chemicals manufacturer. We would like to keep supplying customers in the EU27/EEA. What are our options?
A: You have three options: transfer your registration to an EU27/EEA legal entity; appoint an OR; or your customers can continue sourcing from you by registering the substances themselves, as importers.
Last month, the British government published guidance on REACH in the event Britain leaves the EU without a trade deal. The UK’s Chemical Industries Association and Cefic also produced a joint briefing note with advice to companies.
Echa said it will publish new Q&As related to the Biocidal Products Regulation (BPR) soon.