Free webinar on UK REACH

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REACHLaw and Steptoe invite you to join our live webinar on the 18th of October 2022 on the extension of UK REACH submission deadlines for transitional registrations by the UK government and the practical implications. In the webinar, we will look at the current status of the registration deadline extension proposal, the formal legislative procedures needed to change the UK REACH legal text, the risks arising from potential delays in the process, and how to deal with the uncertainties and risks at company level.

Background Information

Any company based in Great Britain (“GB”- England, Scotland, and Wales) that sourced substances (as such or as part of mixtures) from the EU/EEA was considered a downstream user or distributor under EU REACH. However, as of the 1st of January 2021, when UK REACH came into force, these companies have become importers under UK REACH.

These companies can benefit from UK REACH transitional registration provisions by notifying their substances to the HSE. These so-called DUINs (Downstream User Import Notifications) had a submission deadline of 27th October 2021. However, companies that did not submit their DUINs on time can still, for the time being, submit late-DUINs for these importers to benefit from the transitional registration deadlines. These same requirements also apply to Only Representatives representing non-GB-based manufacturers and formulators. Furthermore, GB-based companies that held EU REACH registrations at least once between the 29th of March 2017 and the 31st of December 2020 could grandfather these registrations into the UK and, by doing so, have these substances considered as being UK REACH registered, albeit with additional requirements to join Joint Submissions at a later time when these become available ahead of the transitional registration deadlines.

From the 5th of July to the 1st of September 2022, UK DEFRA ran a consultation on extending the UK REACH submission deadlines for industry, the general public and other stakeholders to provide feedback on the different options for the extensions. The main reason for seeking to extend the registration deadlines is to ensure that there is ample time for the government to develop an alternative transitional registration model and to make operational and legislative changes to implement this new model. The extensions would also give the industry time to prepare for compliance with the new model. The feedback received from the consultation will be used by the UK government to decide how to move forward with the extension of the registration deadline

Where are we now?

Due to the ambiguity around the transitional registration deadlines, eligible companies now face considerable business uncertainty on the timetable and process for managing their UK REACH registrations for their substances. Furthermore, due to the internal UK political developments, the time available for the legislative changes needed to implement the extensions is getting shorter, further exacerbating the uncertainties and potential risks. Under the current UK REACH legal text, the first transitional registration deadline is set for next year, on the 27th of October 2023. Therefore, companies registering substances by the first transitional registration deadline will need certainty and clarity well before this date, as it will take considerable time to prepare the applicable registration dossiers for submissions. If the clarity is not received by early 2023, companies may need to start preparing for submission by the 27th of October 2023 as a risk management measure.

Topics to be covered in the webinar

• Brief overview of UK REACH and the status today
• Consultation on extending the UK REACH Submission Deadlines
• The legislative process for changing the UK REACH legal text and the degrees of uncertainty in the legislative process
• How to manage related uncertainty and risks arising from the process
• Conclusions
• Questions & Answers (ca. 15 min)

Speakers

• REACHLaw Finland: Frederik Johanson, Partner-Sales Director
• Steptoe & Johnson UK LLP: Simon Tilling, Partner