Compliance with UK REACH: Ensuring Adherence to Regulations

Compliance with UK REACH (Registration, Evaluation, Authorisation, and Restriction of Chemicals) is essential for businesses manufacturing, importing, distributing, or using chemicals in Great Britain (England, Scotland, and Wales). The Health and Safety Executive (HSE) is responsible for enforcement, ensuring that companies meet the necessary regulatory requirements.

1. Who Needs to Comply with UK REACH?

Businesses and individuals involved in the chemicals supply chain must comply, including:

  • Manufacturers producing chemicals in Great Britain.
  • Importers bringing chemicals from the EU or other countries.
  • Distributors supplying chemicals within the UK market.
  • Downstream users, such as formulators, industrial users, and product manufacturers.

2. Key Compliance Requirements

A. Registration Obligations

  • Companies manufacturing or importing ≥1 tonne per year of a chemical must register the substance with UK REACH (HSE).
  • Registration includes:
    • Substance identity and classification.
    • Safety and hazard data.
    • Intended uses and risk management measures.
  • Failure to register means companies cannot legally manufacture or import the substance.

B. Evaluation Compliance

  • HSE reviews registration dossiers to ensure data quality.
  • Companies may be asked for additional safety information if the data is incomplete.
  • Evaluations help identify substances needing further regulatory action.

C. Authorisation for Substances of Very High Concern (SVHCs)

  • Companies must apply for authorisation to continue using SVHCs listed on the UK Authorisation List.
  • Authorisation is granted only if no safer alternatives exist and risks are adequately controlled.
  • Businesses using SVHCs without authorisation may face penalties.

D. Compliance with Restrictions

  • The UK Restriction List sets legal limits on hazardous chemicals.
  • Restrictions may:
    • Ban certain chemicals entirely.
    • Limit the concentration levels allowed in products.
  • Companies must ensure restricted substances are not present above allowed limits in their products.

3. Enforcement and Penalties

A. Who Enforces UK REACH?

  • The Health and Safety Executive (HSE) oversees compliance.
  • Local Trading Standards and the Environment Agency assist in monitoring enforcement.
  • Border control authorities check imports for compliance.

B. Consequences of Non-Compliance

  • Fines and Legal Action: Non-compliant companies can face significant fines or legal penalties.
  • Product Bans: Non-registered or restricted chemicals cannot be legally marketed in Great Britain.
  • Operational Disruptions: Businesses may be required to stop using certain substances or modify supply chains.

4. Compliance Support for Businesses

A. UK REACH-IT System

  • Companies must submit registrations and authorisations through the UK REACH-IT portal managed by HSE.

B. Data Sharing and Consortia Participation

  • Businesses can collaborate to share data and reduce costs.
  • Consortia of companies often submit joint registrations to minimize duplicative efforts.

C. Technical Guidance and Training

  • HSE provides detailed compliance guidance and updates.
  • Industry associations, such as the Chemical Industries Association (CIA), offer compliance support.

5. UK REACH Compliance and International Trade

  • Great Britain (UK REACH) vs. Northern Ireland (EU REACH):
    • Northern Ireland follows EU REACH, so companies trading with NI must comply with both UK and EU REACH.
  • Imports from the EU:
    • Previously, EU REACH registrations covered the UK. Now, companies must re-register chemicals under UK REACH.
  • Exports to the EU:
    • UK businesses must comply with EU REACH separately for selling chemicals in the European market.

Conclusion

Compliance with UK REACH is essential for ensuring safe chemical use, maintaining market access, and avoiding penalties. Companies must actively manage registrations, authorisations, and restrictions while keeping up with regulatory updates.