ECHA and Brexit Chemicals Instructions
ECHA Publishes Recommendations for All Companies to Prepare for a ‘No Deal’ Scenario for the UK’s withdrawal on March 30, 2019.
ECHA states “With continued political uncertainty regarding the withdrawal agreement, the Agency urges companies to act now to continue complying with their obligations under the REACH; Classification, Labelling and Packaging (CLP); Prior Informed Consent (PIC); and Biocidal Products (BPR) regulations.”
To keep substances, REACH legally registered in the EU-27 / EEA market, manufacturers and formulators in the UK can either transfer their business to, or appoint only one representative in, an EU-27 / EEA country.
ECHA will open a ‘Brexit window’ in REACH-IT from March 12 to 29, 24:00 hours CET (11 p.m. UK time) to enable UK-based companies to make these changes and transfer their REACH registrations. If an only representative is not appointed, the EU-27/EEA importers will have to submit their own registrations.
Step-by-step instructions are now available to use the Brexit window on the ECHA web pages for UK withdrawal from the EU. Pages also include a link to the recommended European Chemical Industry Council (Cefic) standard for the term conditional clause to be used in contractual arrangements when assigning odds ratios.
The agency mentioned If a downstream user in one of the EU-27/EEA countries relies on REACH authorizations granted to a UK-based company, they need to make sure that there is another EU-27/EEA supplier with a valid authorization for their use.
EU-27 companies will also need to notify their export of hazardous substances regulated to PIC regulation when exporting to UK. This will be done using the ePIC tool. Export notification needs to be submitted in ePIC 35 days prior to export. ECHA will soon clarify how to handle exports to the UK during the period following the UK’s actual withdrawal.
Companies based in EU-27 / EEA will also need to prepare for placing substances in the UK market after March 29, which will be governed by UK law. The UK Health and Safety Manager (HSE) has published its own regulations guidelines.