EU based downstream user

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Maintaining access to GB market 

If you are a formulator you would be able to appoint a GB based Only Representative to relieve the GB customer (importer) from registration obligations under UKREACH.

Alternatively, if your EU supplier appoints a GB based OR you may be able to be covered by this registration as an indirect import. You may need to provide some information to the appointed GB based OR.

If you are re-importing into the GB, then your GB customer may be exempt from having to register again. All of the conditions within the exemption had to be meet before it can be applied; for more details please see ECHA’s guidance on registration Section 2.2.3.6.  Please note that in transposing EU REACH into UK law all exemptions are applicable to UK REACH, so similar considerations apply for UK REACH.  

REACHReady recommends that you discuss with your supply chain to determine their intentions as if you don’t appoint a GB based OR, the GB importer would have registration obligations under UK REACH. A notification had to be submitted to the HSE via the UK REACH IT system within 300 days of the UK leaving EU REACH (by 27 October 2021) to cover existing imports .If the deadline was missed , please consult the HSE website for more information. A full registration is then required within a phased registration timeframe based on tonnage and hazard properties (deadlines: 27 October 2026; 27 October 2028; 27 October 2030). These will be classed as new registrations and a HSE fee will apply.

Maintaining access to EU market 

If you are importing into the EU27/EEA/Northern Ireland from a GB based supplier, you may have obligations under EU REACH as an importer to complete a registration if you are importing one tonne or more of substance per year. However, if the substances were originally sourced from the EU27/EEA/Northern Ireland, they may already have a registration and could fall under the re-import exemption.  Full details on this exemption can be found in ECHA’s guidance on registration Section 2.2.3.6

 Alternatively, your GB supplier can appoint an OR (if they are a manufacturer or formulator) which would relieve you of registration obligations as EU importer and you would become a downstream user.

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