The Blog

In this newsletter, we focus on a critical topic for the chemical industry: UK REACH registration. Many businesses are awaiting government updates to move forward with compliance, and we aim to provide a clear overview of its past, present, and future.

Past: The Foundations of UK REACH Registration

On January 1, 2021, UK REACH (Registration, Evaluation, Authorisation, and Restriction of Chemicals) came into effect in Great Britain (England, Wales, and Scotland). Companies in Northern Ireland may also have compliance obligations. Businesses manufacturing or importing substances in quantities of 1 tonne per year (t/a) or more must adhere to UK REACH registration requirements, unless they are exempt.

Non-GB-based manufacturers wishing to take on UK REACH compliance, can register substances via an Only Representative (OR) based in GB. Companies that previously registered substances under EU REACH had the option to “grandfather” their registrations into UK REACH by the 30^th of April 2021. GB importers reliant on EU REACH registrations could submit a Downstream User Import Notification (DUIN) to the Health and Safety Executive (HSE), securing extended registration deadlines. However, a DUIN is not equivalent to a full registration and requires careful management.

Our UK team at REACHLaw can assess eligibility for late DUIN and advise on appropriate strategies.

On June 28, 2023, the UK government published “The REACH (Amendment) Regulations 2023,” delaying transitional registration deadlines under Article 127P of UK REACH. The amendment also postponed compliance check deadlines under Article 41 until after relevant registration deadlines.

The following table shows the original UK REACH registration deadlines, along with the new deadlines and the substances subject to each of them.

On May 16, 2024, the Department for Environment, Food & Rural Affairs (Defra) launched a consultation on an Alternative Transitional Registration Model (ATRm). Developed by HSE and the Environment Agency (EA), ATRm aims to maintain UK REACH protections while significantly reducing business costs.

Key ATRm elements include:

• Reduced hazard and data requirements for “transitional substances” (substances registered under EU REACH before December 31, 2020).
• Targeted use and exposure data collection.
• Expanded regulator powers to request specific studies.
• A “One Substance, One Registration” approach for data sharing.
• Streamlined restriction processes.
• Efforts to minimize animal testing.
• Alignment of Chemical Safety Reports (CSRs) with reduced hazard requirements.

Defra received 241 responses to the consultation and is analysing feedback, with a summary expected in 2025. Once published, this will initiate the legislative process, including a second consultation and legal text adaptation. New guidance will follow, preparing registrants for the first registration deadline on October 27, 2026.

Present: Latest Developments

On 10 March 2025, the Department for Environment, Food and Rural Affairs (DEFRA) published a new Statutory Instrument (SI) detailing updated fees for submitting registrations and authorisation under UK REACH. These changes are set to come into force on 1 April 2025 and will significantly impact the cost of substance registrations. Here is what you need to know: 

Key Changes to UK REACH Registration Fees 

For Large Companies: 

• 1-10 t/yr: Registration fees will increase by ~95%, from £1,138 to £2,222. 

• 10-100 t/yr, 100-1000 t/yr, and >1000 t/yr: Registration fees will now be uniformly set at £2,222 for all tonnage bands equal to or above 10 t/yr (down from £3,061, £8,185 and £22,064 respectively) significantly reducing fees for high-volume registrations. 

For Small, Medium, and Micro Enterprises (SMEs): 

• Medium Enterprises: A substantial reduction in fees for all tonnage bands will apply from April this year. Medium Enterprises will now pay £740 for all tonnage bands (1-10 t/yr, 10-100 t/yr, 100-1000 t/yr, and >1000 t/yr). 

• Small Enterprises: A substantial reduction in fees for all tonnage bands will apply from April this year. Small Enterprises will now pay £399 for all tonnage bands (1-10 t/yr, 10-100 t/yr, 100-1000 t/yr, and >1000 t/yr). 

• Micro Enterprises: The most significant reductions, with fees as low as £57 for all tonnage bands, making it easier for smaller businesses to comply with registration requirements. 

Important Fee Updates: 

• Intermediates: Registration fees for intermediates, as well as updates to the tonnage range, will also increase to the new set fee of £2,222 for large companies, with reductions available for SMEs. 

• Change in Legal Personality: The fee for a change in the legal identity of the registrant will drop from £1,424 to £290. 

• PPORD Notifications: The fee for initial PPORD (Product and Process Oriented Research and Development) notifications will increase from £475 to £751, while the cost for PPORD extensions will decrease from £949 to £751. 

Impact on Businesses with substances affected by UK REACH registration 

These updates on the HSE registration fees bring substantial savings for businesses, particularly for large sized companies in higher tonnage bands, as the fees for 100-1000 t/yr and >1000t/yr have been significantly reduced to a flat rate of £2,222. However, it’s important to note that registration fees for the lowest tonnage band (1-10 t/yr) for large companies will increase, so businesses within this band should prepare for the adjustment. 

For businesses in the SME category, these changes represent a significant cost-saving opportunity, making compliance under UK REACH more accessible and affordable. 

Remember that HSE Updated fees for UK REACH Registration will come into effect on 1 April 2025. 

The full text of the SI can be found at: The REACH Fees and Charges (Amendment of Commission Regulation (EC) No 340/2008) Regulations 2025 

Future: A Proactive Approach to Registration

A question that we are often asked is, “With all this uncertainty surrounding UK REACH, what can our business do to be compliant?” Although the future is still somewhat uncertain and not yet defined, there are actions that can certainly help the chemical industry to remain proactive and vigilant.

Since the full registration process is still under review, submitting a UK REACH inquiry can help businesses to act proactively.

As businesses navigate the complexities of chemical regulations, ensuring compliance with UK REACH (Registration, Evaluation, Authorisation, and Restriction of Chemicals) is crucial. One of the first steps in this process is submitting an inquiry to the UK’s Health and Safety Executive (HSE). Acting promptly in this regard offers several strategic advantages, helping companies avoid delays, reduce costs, and maintain smooth market operations.

Below we list the benefits of prompt submission of a UK REACH inquiry.

1. Early Market Access

Submitting a UK REACH inquiry early ensures that companies can proceed with the registration process without unnecessary delays. Under UK REACH, companies must inquire about a substance before registering it, allowing the HSE to verify if the substance is already registered and whether data-sharing opportunities exist. Prompt submission minimizes the risk of disruptions in market access, enabling businesses to continue operations without compliance-related hindrances.

2. Cost Savings Through Data-Sharing

One of the key advantages of submitting an inquiry early is the potential to access existing data on a substance. UK REACH promotes data-sharing among registrants, reducing the need for redundant testing and associated costs. Companies that delay submission may find themselves in a position where existing data-sharing arrangements are already in place, potentially increasing the cost and complexity of compliance. Submitting an inquiry will grant you access to the “Substance Group” (similar to the Substance Information Exchange Forum SIEF, under EU REACH) allowing you to potentially begin discussion with other interested parties such as Only Representative (OR), UK manufacturer and/or importer of the substance willing to register the same substance.

3. Avoiding Compliance Bottlenecks

Regulatory frameworks often operate on a first-come, first-served basis, particularly when multiple companies are inquiring about the same substance. Delaying submission can lead to bottlenecks, causing delays in approvals and increasing the risk of non-compliance. By acting early, companies can navigate the process more smoothly and address any regulatory concerns well in advance, avoiding having to perform the UK REACH inquiry step closer to the deadline as the volume of request to be reviewed by the authorities will certainly increase and so the timeline associated with the relevant checks.

4. Better Planning and Risk Management

A prompt UK REACH inquiry allows businesses to gain clarity on regulatory requirements early in the process. This proactive approach aids in strategic planning, budgeting for compliance costs, and ensuring a steady supply chain. By identifying potential issues early, companies can take corrective actions before they become major obstacles.

5. Demonstrating Due Diligence and Regulatory Compliance

Regulatory bodies, including the HSE, expect businesses to act responsibly when it comes to chemical safety. Prompt submission of an inquiry signals a commitment to compliance and due diligence, reducing the risk of enforcement actions, fines, or restrictions on market access. This proactive stance also enhances a company’s reputation and credibility in the industry.

Conclusion

In a regulatory landscape where compliance is key to market success, submitting a UK REACH inquiry promptly is a smart business move. From securing early market access to cost savings and smoother compliance processes, the benefits of acting quickly far outweigh the risks of delay. Businesses that take a proactive approach to UK REACH inquiries position themselves for long-term success, regulatory certainty, and a competitive advantage in the market.

REACHLaw will continue to monitor these developments closely and will reach out to clients to ensure they are fully supported in meeting their compliance goals and would be delighted to provide you with our support navigating this regulation. If you have any questions or need assistance in understanding how these changes will affect your business, feel free to reach out to us at  sales@reachlaw.fi !