The UK Department for the Environment, Food and Rural Affairs (DEFRA) has published a UK REACH: Grandfathered Registrations Notified Substance List. According to an article in the Health and Safety Executive’s (HSE) dated October 1, 2021, UK REACH eBulletin, the list contains the names and numbers of the Chemical Abstracts Service (CAS) / European Community (EC) for substances taken from notifications under Article 127B (4) (a) of the UK REACH Regulation. Article 127B (4) (a) required registrants of a former Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) in the European Union (EU), which was incorporated into the UK REACH Regulation, to provide HSE with basic information about their registration. These first transitional dates were sent to HSE via the “Comply with UK REACH” service. The list includes data provided as of July 1, 2021. HSE states that the substance information in the list was taken from the first transitional dates and that its accuracy is not guaranteed. Apart from this disclaimer, the communication is important reading for all concerned.
According to the HSE, the list is not a verified list of all substances with registrations that have been transferred from EU REACH to UK REACH under Article 127A (1). A substance with a delegated registration does not appear in the list if:
A substance is also not included in 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) who were downstream users or traders within the meaning of the EU REACH regulation before the end of the Brexit transition period must HSE their status as a downstream user / trader by filing. notify a downstream user import notification (DUIN). This will suspend the registration requirements that you now have as importers. A DUIN must be submitted by October 27, 2021. The DUIN instructions are available on the HSE website. HSE states that the presence of a substance on the list does not affect the DUIN notification requirement.
The list of notified substances with grandfathering registration is long awaited. It is the first publicly available list of substances that are eligible for the transitional provision in UK REACH, the EU REACH registrations of legal persons in Great Britain anytime after the 29th of the EU) and before the 31st of December 2020, the end of the Brexit transition period. The publication of the Grandfathered Registrations Notified Substances List is the latest in a series of efforts by the UK government to minimize the impact of Brexit on business. It provides a first impression of the substances that are protected under the UK REACH regulation for most interested parties. Although the list does not identify the UK REACH registrants with grandfather, it can provide additional insight for those unable to access substance information using Comply with UK REACH (ie, any legal entity that does not grandfather or has filed a request for a specific substance) in relation to the legal entities that should participate in data sharing discussions.
© 2021 Bergeson & Campbell, PCNational Law Review, Volume XI, Number 274