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Chemical distributors need to prepare early for Brexit

The REACH Regulation's area of application will change with effect from 31 March 2019 upon the planned exit of the UK from the EU.

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The REACH Regulation’s area of application will change with effect from
31 March 2019 upon the planned exit of the UK from the EU. The Regulation governs the registration, evaluation and authorisation of chemicals in the EU. Manufacturers, importers and exporters of chemicals should make an early start on analysing how the new legal framework will impact on their business. TÜV SÜD assists companies in facing this challenge.

 “Brexit will affect not only manufacturers and importers in the EU, but also UK companies that export their products to the EU”, warns Dr Dieter Reiml, certified REACH Multiplicator at TÜV SÜD Industrie Service GmbH. Whether the EU authorities and the UK government will grant transition periods is still unclear. “The earlier companies start to take action, the more likely they will be to minimise their commercial risks”, notes Dr Reiml. Registrations of chemical substances by manufacturers and importers based in the UK will become invalid on the UK’s leaving the EU, and no new registrations by manufacturers and importers will be permitted. Dr Dieter Reiml explains, “EU companies importing chemical substances from the United Kingdom will have to clarify who will be responsible and pay for registration.“

Change of the only representative (OR) necessary

The European Chemical Agency (ECHA) points out that registrations carried out by only representatives (OR) from the UK will become invalid with effect from March 2019. Only representatives need to be based in the EU. According to ECHA, manufacturers outside the EU that have so far relied on an only representative (OR) from the UK will need to appoint a new OR. Dr Fritz Prechtl, REACH expert at TÜV SÜD Industrie Service, says, “Ideally, these companies should check their existing contracts today and terminate them if necessary. This concerns not only the aspect of who has what obligations, but also which substance can be purchased from where.” TÜV SÜD’s experts also support companies affected by the REACH Regulation’s new area of application. Acting as only representative (OR), TÜV SÜD takes over the registration and authorisation of chemical substances on their behalf.

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