July 27, 2023 by Rhiannon Smith


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We published a blog in May about the draft Statutory Instruments which the Department for Environment, Food and Rural Affairs (DEFRA) had presented to Parliament for extending the registration deadlines under UK REACH. The Health and Safety Executive (HSE) have now confirmed that these changes have been passed by Parliament and entered into force on 19 July 2023. Therefore, the statutory deadlines for transitional arrangements are now 27 October 2026 (for >1000 tpa and high priority substances: carcinogenic, mutagenic or toxic to reproduction at ≥1 tpa, very toxic to aquatic organisms (acute or chronic) at ≥100 tpa, Candidate list substances as of 31 December 2023), 27 October 2028 (for substances at 100-1000 tpa and Candidate list substances as of 27 October 2026), and 27 October 2030 (for substances at 1-10 and 10-100 tpa).

One thing that registrants may wish to consider following the extension of the deadlines is the impact of the 12-year rule under Article 25 of REACH. The deadlines for UK REACH are now at least 12 years after the corresponding registration deadlines for phase-in substances under EU REACH (2010, 2013 and 2018). The text for EU REACH states “Any summaries or robust study summaries submitted in the framework of a registration under this Regulation at least 12-years previously can be used for the purposes of registration by another manufacturer or importer” and thus it is understood that data can be accessed for free upon application to ECHA for the purposes of registering a substance under EU REACH. Meanwhile, UK REACH text states “Any study summaries or robust study summaries of studies submitted in the framework of a registration under this Regulation [*, or under EU REACH before Implementation Period completion day] at least 12 years previously can be used for the purposes of registration by another manufacturer or importer”, which thus implies that data submitted under EU REACH before Brexit could be used under UK REACH without requiring additional payment. There is still some uncertainty on how this would work and we, along with much of industry, are eagerly awaiting clarification on this topic in order to inform the (need for) data access negotiations.

If you would like assistance with any aspects of UK REACH, please contact us so we can discuss further how we can help.

* Words in Art. 25(3) inserted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 22 (as amended by S.I. 2020/1313, regs. 1(3), 6(2)); 2020 c. 1, Sch. 5 para. 1(1)