Important UK REACH Deadline for US Exporting Chemical Manufacturers - Mr. Christopher Ketchum
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
October 27th, 2021 – An Important UK REACH Deadline for US Exporting Chemical Manufacturers Mr. Christopher Ketchum Address: Suite 600, 4250 N. Fairfax Drive., Arlington, VA 22203 Tel: 703-520-1420 Web: www.cirs-reach.com
Who is CIRS?
CIRS UK CIRS Beijing CIRS Nanjing
CIRS Ireland
CIRS Korea
CIRS US
CIRS HQ
C&K Testing
CIRS China (HQ)
Tel: +86 (0) 571 8720 6555(CN), 0086 (0) 571 8720 6574(CN)
ADD: 11/F., Bldg 1, Dongguan Hi-Tech Park, 288 Qiuyi Rd, Binjiang
⚫ CIRS is an individual consulting firm founded in 2007 and District, Hangzhou, China
headquartered in China;
CIRS Europe (Ireland)
⚫ Has 300+ employees and annual revenue approximately 25 Tel: +353 41 6871874；+353 41 9806916
M USD; Add: Room 002, Regus Harcourt Centre D02, Dublin, Ireland
⚫ Has branch offices in Dublin(Ireland), Arlington(US), Seoul CIRS UK
(Korea) Nanjing(China), Beijing(China), Hangzhou(China); Studio 310, Pill Box, 115 Coventry Road, London, E2 6GG
⚫ CIRS provides regulatory compliance consulting, testing and
CIRS USA
training services. Tel: +1 703 520 1420
⚫ CIRS shares 70% Chinese consulting markets; Address: Suite 600, 4250 N. Fairfax Drive., Arlington, VA 22203
⚫ Has 4000+ Clients including 300+ oversea companies CIRS Korea
www.cirs-group.com
Add: B-2310, 583, Yangcheon-ro, Gangseo-gu, Seoul, Republic of
Korea
Contents
Introduction to UK-REACH
Deadlines, Tonnage Bands and Grace Periods
Updates for UK REACH— Inquiry, Lead
Registrants and Full Registration
Best Practices for US companies Before Oct
27th, 2021 with Q&A
Background
EU REACH
European Union/European
Economic Area
2020.12.31
EU REACH UK REACH
European Union, European Great Britain
Economic Area, Northern Ireland (England, Scotland, Wales)
www.cirs-group.com
Northern Ireland Protocol
• The Northern Ireland Protocol makes certain provisions of EU
law applicable to the UK including EU REACH with respect to
Northern Ireland.
• Substances Manufactured in Northern Ireland in above 1 tonne
per year will be subject to EU REACH Registration.
• Substances Imported into Northern Ireland from outside the
EU in above 1 tonne per year will be subject to EU REACH
Registration.
www.cirs-group.com
Northern Ireland Protocol
• Substances Manufactured in Northern Ireland and exported to
EU are not subject to REACH Registration requirements on
entry into the EU.
• UK companies sourcing substances from Northern Ireland are
deemed to be importing from the EU.
• For the remainder of the presentation, the obligations
discussed will be in reference to GB, but referenced as UK and
UK-REACH (England, Scotland and Wales)
www.cirs-group.comContents
Introduction to UK-REACH
Deadlines, Tonnage Bands and Grace Periods
Updates for UK REACH— Inquiry, Lead
Registrants and Full Registration
Best Practices for US Companies Before Oct
27th, 2021 with Q&AImportant Dates for Grandfathering What is grandfathering? Grandfathering is an applicable carry-over of registration for UK-based holders of EU REACH registration(s). It is intended to help lessen the burden on UK-based entities who have completed the legwork for EU REACH registrations. Who is eligible? •UK-based holders of EU REACH Registrations (manufacturer, importer, OR) •UK-based legal entities that held an EU REACH registration and transferred it from an EU-based legal entity at any point after 29th March 2017 and before 31 Dec. 2020 • Legal entities within the EU cannot apply— need to be a UK-based company! www.cirs-group.com
Important Dates for Grandfathering
The deadline has now closed. If you have any queries
Registration Process： about late grandfathered registrations, contact the
HSE by email: ukreach.grandfathering@hse.gov.uk
System
UK REACH registration
Set up account in
can be obtained by Join the substance
“Comply With UK
submitting the initial groups
REACH”
dossier by 2021.04.30
Submit complete data Data Sharing
information within 2, No LR display for 120
4 or 6 years from Oct days after the end of
28th, 2021 the transition period
*Authority Administrative Fee is waived
www.cirs-group.comImportant Dates for Downstream User Import Notification - DUIN What is a DUIN? • A DUIN is designed to assist downstream users and distributors in maintaining the flow of their supply chain. It is specifically for UK-based users who have been, and would like to continue, importing substances from the EU into the UK. Who should apply for a DUIN? •UK-based legal entities that were importing substances and mixtures into the UK from the EU and intend to continue after the end of the transitional period. •UK-based legal entities that were importing substances and mixtures into the UK from outside of the EU, under an OR agreement held by an EU-based entity— and intend to continue importing post-transitional period. (the above-mentioned import time needs to occur between 2019.01.01 - 2020.12.31) •Manufacturers, formulators and article producers based outside of the UK that wish to appoint a UK-based OR (after the end of the transition period) to notify on behalf of their UK-based importers. www.cirs-group.com
Important Dates for Downstream User Import
Notification - DUIN
Registration Process：
Obtain a UK OR, Set up account in System Obtain DUIN Number (One
“Comply With UK
if necessary REACH”
company one number)
Collect DUIN numbers,
substance information, Organize above
Email
classification labels, information and send
authorization restrictions, to HSE (Attaching SDS
spectra, ECHA registration is optional)
numbers, etc.
Submit complete data Complete
information within 2,
4 or 6 years from Oct
before Oct 27th,
www.cirs-group.com
28th 2021 2021Transitional Period for Grandfathering and DUIN
Transitional Period for Grandfathering and DUIN is as follows:
Deadline post 28 October Tonnage Hazardous property
2021
th
2 years from Oct 28 2021 1000 tonnes or •Carcinogenic, mutagenic or toxic
more per year for reproduction (CMRs) - 1 ton or
more per year
•Very toxic to aquatic organisms
(acute or chronic) - 100 tonnes or
more per year
•Candidate list substances (as of 31
December 2020)
th
4 years from Oct 28 2021 100-1000 tonnes •Candidate list substances (as of 27
or more per year October 2023)
th
6 years from Oct 28 2021 1-100 tonnes or
more per year
www.cirs-group.comContents
Introduction to UK-REACH
Deadlines, Tonnage Bands and Grace Periods
Updates for UK REACH— Inquiry, Lead
Registrants and Full registration
Best Practices for US Companies Before Oct
27th, 2021 with Q&AUpdates for New UK REACH Registration
Who must obtain a UK REACH registration?
•UK-based companies that manufacture in the UK, or import substances
into the UK, in quantities of 1 ton per year or more.
•UK-based companies that had submitted a registration dossier to ECHA
via REACH-IT but did not receive a registration number prior to the date of
Exit.
•Non-UK based businesses importing chemicals into the UK must ensure
that they are covered by a valid UK REACH registration.
•These businesses can register the substance under UK REACH either
through a UK-based OR, or an affiliate UK importer.
www.cirs-group.comUpdates for New UK REACH Registration
Registration Process：
Set up account in “Comply With
Article 26 Inquiry UK REACH” and submit Inquiry
GOV.UK
Obtain inquiry number and join
substance group, joining a SIEF
Data Sharing
Substance has not been Substance has been registered in EU
registered in EU REACH before, REACH before, then you can buy
submit all data to meet tonnage relevant data from EU REACH LR (may
requirements at once now be the UK REACH LR as well)
Submit dossier and pay
www.cirs-group.com
administrative FeeLead Registrant and Data Sharing
UK REACH adopts joint submission of registration data to HSE
•The lead registrant (LR) submits the LR dossier with complete data, and
other members submit their own dossiers.
•Substance group in, “Comply with the UK REACH,” is an important medium
for joint submissions.
•Join substance groups to negotiate formal registration details with other
members and to participate in the election of lead registrants.
•Nomination of LRs will start after 2021.05.01
•Already an LR for the EU?
•Necessary data for LR!
www.cirs-group.comLead Registrant and Data Sharing
The deadline has now closed. If you have any queries
Join Substance Group: about late grandfathered registrations, contact the
HSE by email: ukreach.grandfathering@hse.gov.uk
Submit dossier
containing
required Join the
Grandfathering information Substance
through the group
system before
4/30/2021
Submit
DUIN Inquiry
Join the
dossier
substance group
Inquiry after Inquiry
dossier is
Submit
New reviewed
Inquiry
Registration
dossier
www.cirs-group.comNew UK REACH Fees and Tonnage Bands What is the administrative fee under UK REACH?? What are the tonnage bands, and are the administrative fees different? Answer： www.cirs-group.com
Contents
Introduction to UK-REACH
Deadlines, Tonnage Bands and Grace Periods
Updates for UK REACH— Inquiry, Lead
Registrants and Full registration
Best Practices for US Companies Before Oct
27th, 2021 with Q&ABest Practices for the USA in UK-REACH
• “We have already completed an EU
REACH registration.”
– DUIN eligibility?
• “Do we have the necessary data?”
– Look to ECHA— if the data exists, it will be
available for purchase via SIEF and fits the
same criteria!
• “Under the Northern Ireland Protocol the
EU REACH Regulation will continue to
apply to Northern Ireland after the end of
the transition period, while UK REACH will
regulate the access of substances to the
GB market.”
www.cirs-group.comBest Practices for the USA in UK-REACH
• Must identify role in the supply chain!
– What kind of power would you like to have
on the supply chain?
– If your supplier cannot serve as the
registrant, do you wish to take on this
responsibility?
• Overhead of setting up an office in the
UK vs. OR appointment
www.cirs-group.comBest Practices for the USA in UK-REACH
Examples of Roles
1. A U.S. manufacturing exporter who
has an EU REACH registration and
wants to export to the UK directly
2. A U.S. distributor who is exporting to
the UK
3. A U.S. manufacturer's supplier is an EU
company. This US manufacturer buys
from an EU supplier to export to a UK
importer
www.cirs-group.comQ&As Q1. After Jan 1st 2021, can enterprises continue to import chemical substance into the UK before submitting DUIN, or completing DUIN process, before Oct 27 the 2021? Yes. Afterwards… www.cirs-group.com
Q&As Q2. If I meet the requirements of the grandfathering clause, but do not submit the relevant information before 2021.05.01, can I still do the subsequent notification to submit the information before 10.27 and thus enjoy the registration buffer period? Must submit a late grandfathering message directly to the HSE. “The deadline has now closed. If you have any queries about late grandfathered registrations, contact the HSE by email: ukreach.grandfathering@hse.gov.uk” www.cirs-group.com
Q&As Q3. How can I enter the UK market after Oct. 28th, 2021, if I do not submit a notification before Oct 27th, 2021? Submit the inquiry first, and then do the formal registration to enter the UK Market, after October 28th, 2021. There is no DUIN after October 27th, 2021. www.cirs-group.com
Q&As Q4. During the period from January 1, 2019 to December 31, 2020, non-UK based manufacturers exported products to the UK through importers in Europe; however, the registration number belongs to importers in Europe. In this case, can non-UK manufacturers appoint an OR based in the UK to do the registration? Yes. What are the other options? www.cirs-group.com
Q&As Q5. If the tonnage exported to the UK was less than 1 t/y, but the non-UK manufacturers had appointed an OR to complete the EU REACH registration before 2020.12.31, can they still do the DUIN? Yes, but it must be done before the deadline. www.cirs-group.com
Complaints and Punishment
Complaints：
For complaints and concerns, send an email to CRDEnforcement@hse.gov.uk, and
the Enforcement Group under Chemicals Regulation Division (CRD) will deal with
these issues. Please include a detailed description of the incident in the email.
Punishment：
⚫ Any person who fails to comply with or causes others to fail to comply with the
obligations specified in UK REACH shall be guilty of an offense.
⚫ Other illegal acts also include: obstructing inspections, failing to comply with
official notices, and providing false materials. If convicted, a fine is usually
imposed on the offender, but there is usually no limit on the amount of the
fine. In some cases, individuals can also be sentenced to up to two years'
imprisonment (and fines or in lieu of fines).
www.cirs-group.comCIRS Advantages
Experienced Global
Experienced REACH GHS Team
Regulation Team
• One of the largest Only • 4000+ global SDS & Labels
Representative in the world (EU produced by CIRS every year.
REACH, China REACH, K-REACH, UK • Working with 500+ clients globally.
REACH) • High quality service with universal
• Act as Only Representative for over customs acceptability.
3,000 non-EU companies • Designated service tailored to your
• Registered over 2,000 substances needs.
• Served clients in more than 25
countries
Accredited laboratory
with 10+ years
experience
Globally Available
Network of • Focus on hazardous substance testing
Consultants especially for SVHC since 2008
• We have offices in Europe, China, • Qualified lab with global accreditation
South Korea, USA, UK • Internationally accepted testing
• We are going to set up more offices reports
in Germany, Japan, Singapore… • Served more than 10,000 global clients
www.cirs-group.comUpcoming Webinars in our Series! www.cirs-group.com
Upcoming Webinars in our Series! www.cirs-group.com
Thank You For questions regarding this presentation: Christopher Ketchum Senior Regulatory Consultant 202-552-5523 Christopher@cirs-reach.com All other general questions: Info@cirs-group.com
You can also read
