Regulatory Developments

DEFRA Publishes UK REACH: Grandfathered Registrations Notified Substances List

October 1, 2021

The United Kingdom (UK) Department for Environment, Food & Rural Affairs (DEFRA) has published a UK REACH: Grandfathered Registrations Notified Substances List. According to an item in the Health and Safety Executive’s (HSE) October 1, 2021, UK REACH eBulletin, the list contains the names and Chemical Abstracts Service (CAS)/European Community (EC) numbers for substances taken from notifications made under UK REACH Article 127B(4)(a). Article 127B(4)(a) required registrants of a former European Union (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) registration grandfathered into UK REACH to notify HSE of basic information about their registration. These initial transitional data were submitted to HSE using the Comply with UK REACH service. The list covers data provided through July 1, 2021. HSE states that the substance information on the list has been taken from initial transitional data and that its accuracy is not guaranteed. That disclaimer aside, the notice is an important read for all stakeholders.

According to HSE, the list is not a verified list of all substances with registrations that were transferred into UK REACH from EU REACH under Article 127A(1). A substance with a transferred registration will not appear on the list if:

  • No initial transitional data have been submitted; or
     
  • Those who submitted the initial transitional data indicated that they were confidential.
     

A substance will also not appear on the list if the substance is only imported by a new registrant or a former downstream user or distributor.

Companies based in Great Britain (England, Scotland, and Wales) (GB) that, prior to the end of the Brexit Transition Period, were downstream users or distributors under EU REACH are required to notify HSE of their downstream user/distributor status by submitting a Downstream User Import Notification (DUIN). This will suspend the registration duty they now have as importers. A DUIN must be submitted by October 27, 2021. DUIN guidance is available on the HSE website. HSE notes that the presence of a substance on the list has no impact on the DUIN notification obligation.

Commentary

The Grandfathered Registrations Notified Substances List is long awaited. It is the first publicly available listing of substances that were eligible for the transitional provision in UK REACH that recognizes EU REACH registrations held by legal entities in GB at any time after March 29, 2017 (the date that the UK officially notified its intention to leave the EU), and before the December 31, 2020, end of the Brexit Transition Period. Publication of the Grandfathered Registrations Notified Substances List is the latest in a series of efforts by the UK Government to help minimize the business impacts of Brexit. It provides to most interested parties their first view of the substances that are grandfathered under UK REACH. While the list does not identify the grandfathered UK REACH registrants, it may provide additional insight to those unable to access substance information using Comply with UK REACH (i.e., any legal entity that has not grandfathered or submitted an inquiry for a specific substance) regarding the legal entities to engage for data sharing discussions.


 
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