The paper discusses how the chemical industry on either side of the Channel, in the United Kingdom and the EU-27/EEA nations, as well as non-EU / EEA and non-UK businesses can and should prepare for a chemical regulatory situation.
Case 1: Only representatives for EU REACH located in the UK
In this case, the activities needed for a manufacturer or formulator outside the EU / EEA (non-UK) are evident. After Brexit, the representation must be moved to a new OR situated in an EU-27/EEA nation if they wish to continue to be covered by an EU REACH OR.
This modification to an EU REACH OR takes place through the EU’s REACH-IT legal entity change functionality and should be instituted by the current UK-based EU REACH OR as well as approved by the new EU-27/EEA-based EU REACH OR.
After payment of the associated transfer charges to Echa, the transfer will be finished.
A suspensive OR transfer can also be performed. This implies that the EU REACH OR will only be moved to an EU-27/EEA representative once Brexit has occurred. During the so-called Brexit window such a transfer must be initiated as announced by Echa, which remains open until the last day before Brexit. You can find additional data on the UK withdrawal from the EU webpage of the agency.
Case 2: UK manufacturing and non-EU/EEA importing UK companies
For substance producers based in the United Kingdom or importers outside the EU / EEA, current EU REACH registrations will cease to exist and will no longer be applicable for EU trade after Brexit. The EU REACH compliance options will, therefore, be the same as for manufacturers outside the EU / EEA and distributors outside the EU / EEA. The non-EU / EEA manufacturer may appoint an EU REACH OR to meet the commitments of EU REACH importers, but the non-EU / EEA retailer might not. However, majorly a non-EU/EEA distributor can:
Ask the upstream supplier of the drugs to appoint an EU REACH OR; or try to take care of EU REACH adherence of the imported drugs by the EU-27/EEA importer, which is also always an alternative for the non-EU / EEA supplier.