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INDUSTRIAL CHEMICAL PRODUCTS, REACH AND CLP REGULATIONS AND PIC

How does Brexit affect Spanish companies with suppliers and clients of Industrial Chemical Products in the United Kingdom (REACH and CLP Regulations)?

If your company is established in one of the 27 Member States of the European Union (EU-27) or a state in the European Economic Area (EEA), you will be affected by the exit of the United Kingdom from the EU if your supply chains as client or supplier extend to the UK.

If your supplier or client is established in the United Kingdom, remember as from its withdrawal from the EU, EU legislation on chemical products, including REACH and CLP, will no longer be applicable in the United Kingdom

Prepare yourself by identifying your current role in the supply chain and your suppliers and clients in the UK. This will determine how you will be affected by Brexit.

Without a withdrawal agreement

REACH REGULATION

  • Your supplier of Industrial Chemical Products is in the United Kingdom

Your UK supplier will no longer be obliged to comply with the REACH regulation, but with domestic legislation on chemicals passed in the UK.

The registers of substances and authorisations now granted to your UK supplier will no longer be valid.

You will therefore no longer be a downstream user and will become an importer with respect to your supplier in the UK.

You must comply with the obligations to register substances as such, or their compounds, or those to which the article does not apply, before the first importation following Brexit.

However, your UK supplier has two options to maintain its REACH registers and authorisations already granted:

It may appoint a company in the EU-27/EEA as Only Representative for the purposes of REACH.

It may transfer its operations to an EU-27/EEA company by changing the legal entity.

In this case you will continue to be the downstream user for this supplier.

In this case, the corresponding notifications must also be made to the European Chemicals Agency (ECHA) within the established deadline.

To do so, ECHA will have a "Brexit window" available in REACH-IT until the extended date of 31 October 2019. It will be updated as soon as the UK's exit procedures are confirmed, so that the changes to the legal entity and transfer of records can be made before the UK's exit from the EU. See this link: https://echa.europa.eu/es/-/companies-should-continue-their-brexit-preparations

Prepare yourself by consulting your UK supplier about its intentions with respect to the post-Brexit EU-27/EEA market.

• Your non-EU supplier of Industrial Chemical Products has appointed an Only Representative in the United Kingdom

If the Only Representative of your non-EU supplier is a company in the United Kingdom, remember that it may not continue to be so after Brexit.

Your non-EU supplier must decide whether to appoint another Only Representative established in the EU-27/EEA or to no longer to have an Only Representative.

Prepare yourself by consulting your non-EU/EEA supplier on your intention to appoint another Only Representative in the EU-27 after Brexit.

• Your client to which you supply Industrial Chemical Products is in the UK

If you have clients in the UK, after Brexit you will be marketing your products to a non-EU country, so your activity will be classified as export and not domestic trade.

As an exporter, your company is affected by Regulation 649/2012 concerning the export and import of hazardous chemicals (PIC Regulation).

Although the REACH regulation does not apply to exports, under Article 17 of the PIC Regulation, the substance or compound exported must be accompanied by a safety data sheet that complies with Annex II of REACH.

Remember that although exports are not subject to REACH obligations, any activities carried out within the EU-27/EEA with substances destined for export are subject (import, manufacture and use when the substance or compound is placed on the market within the EU before export).

• Your company, which markets Industrial Chemical Products, is a subsidiary of a UK company.

If your legal entity is the holder of registrations and/or authorisations for substances that it markets in the EU-27/EEA, or is the Only Representative of a non-EU manufacturer, your situation after Brexit will continue to be the same as now.

If the legal entity holding the registrations and/or authorisations for the substances and compounds marketed in the EU-27/EEA is the parent company in the UK, the latter must decide what measures to take with respect to the EU-27/EEA market after Brexit.

If the UK legal entity is appointed as Only Representative of a non-EU manufacturer, it will no longer have this designation after Brexit. If the non-EU manufacturer wishes to continue to have an Only Representative, it must appoint a new one in the EU-27/EEA.

In this scenario, the UK parent or the non-EU manufacturer, as the case may be, may choose its legal entity to assume the responsibilities of the parent in the UK.

In this case, bear in mind that:

The decisions and measures will have to be taken before Brexit comes into force and the registrations and authorisations of the United Kingdom  companies will cease to exist.

Remember that the corresponding notifications must also be made to the European Chemicals Agency (ECHA) within the established deadline.

To do so, ECHA will have a "Brexit window" available in REACH-IT until the extended date of 31 October 2019. It will be updated as soon as the UK's exit procedures are confirmed, so that the changes to the legal entity and transfer of records can be made before the UK's exit from the EU. See this enlace: https://echa.europa.eu/es/-/companies-should-continue-their-brexit-preparations  

Prepare yourself by determining the intentions of the parent company in the United Kingdom, now that its situation in the supply chain may change.

If you are going to be appointed Only Representative, or the manufacturing/import operations will be transferred to you, remember the deadlines to prevent any interruptions to supply.

 

 CLP REGULATION

• Your supplier of Industrial Chemical Products is in the United Kingdom

UK companies will no longer be obliged to comply with the CLP Regulation and therefore the next agent along the supply chain located in the EU-27/EEA will be the importer of the substance or compound from the UK.

As an importer, you will be obliged to classify, label and package the substances and compounds from the UK, and to notify the classification and labelling inventory of the European Chemicals Agency (ECHA) and, where appropriate, poison centres.

These requirements must be met before the first import of the substance or compound following Brexit.

Remember that the CLP Regulation does not include the concept of Only Representative.

• The client to which you supply Industrial Chemical Products is in the UK

If you have clients in the UK, after Brexit you will be marketing your products to a non-EU country, so your activity will be classified as export and not domestic trade.

As an exporter, your company is affected by Regulation 649/2012 concerning the export and import of hazardous chemicals (PIC Regulation).

Although the REACH regulation does not apply to exports, under Article 17 of the PIC Regulation, the substance or compound exported must be accompanied by a safety data sheet that complies with the CLP Regulation (unless this clashes with a regulatory requirement in the UK).

Remember that although exports are not subject to CLP obligations, any activities carried out within the EU/EEA with substances destined for export are subject (import and manufacture and use when the substance or compound is placed on the market within the EU before export).

• Your company, which markets Industrial Chemical Products, is a subsidiary of a UK company.

If your legal entity acts as importer of substances and compounds from the UK, you will be responsible for the classification, packaging and labelling of the substances and compounds you import, and for notifying the ECHA classification and labelling inventory and, where appropriate, poison centres.

Withdrawal with an agreement

If the UK leaves the EU with an agreement, a transition period will be established during which EU legislation will continue to be applied in the UK.

Remember that until Brexit enters into force, UK companies continue to be subject to all the legal obligations of REACH.

How does Brexit affect Spanish exporters to the UK of chemical products included in the PIC Regulation?

Withdrawal without an agreement

Once the UK becomes a third country (non-EU), any export from Spain of substances under Regulation 649/2012 concerning export and import of hazardous chemicals (the PIC Regulation) will require an active reference identification number (RIN) to be obtained prior to export.

Closer to 31 October 2019. This date will be updated as soon as the UK's exit procedures are confirmed.

Make sure of you use this option in good time so your request can be processed and you can obtain an active RIN at the start of the Brexit process, so that your ability to export is not interrupted.

It is important as always to fill in the export notification correctly in order to avoid further delays if it has to be corrected.

Export consent granted to the UK by importing countries will continue to be valid as always for all the other EU countries and their exporters, until the validity period allowed by the importing country expires.

Under Article 17 of the PIC Regulation, the substance or mixture exported must be accompanied by a safety data sheet that complies with the CLP Regulation (unless this clashes with a UK regulatory requirement).

Withdrawal with an agreement

If there is a last-minute agreement with the UK, the ePIC system will continue to operate without any changes until the end of the extension or transition period established in the EU-UK agreement.

 More information:

The European Chemicals Agency (ECHA) website has a link with FAQ related to Brexit.

On 8 February 2019 ECHA published additional information in question and answer format referring to aspects of priority and preparation, including the treatment of chemical substances already on the market.

The Ministry of Ecological Transition has a national information service (Information portal on REACH-CLP) where you can ask about the implications of Brexit and compliance with the REACH and CLP regulations.

How does Brexit affect the marketing of biocidal products?

Withdrawal with an agreement

In accordance with the Biocide Regulation, the suppliers of active substances and product authorisation holders must either be located in the EU or have a representative located in the EU.

Suppliers of active substances that are included on the list established by Article 95 will appear on this list with their corresponding representative if they are located outside the EU, including those located in the UK once Brexit is effective. Suppliers who do not have a representative in the EU will be removed from the list of suppliers.

The holders of authorisations for biocides who are at present located in the UK must have a representative located in the EU before Brexit enters into force to be able to continue place their products in those Member States where they have an authorisation in force.

To sum up, Spanish companies with suppliers in the UK will be affected if these suppliers do not designate a representative in the EU.

Any biocide placed on the market must be evaluated and registered in advance in Spain. Spanish companies that distribute biocides registered by UK companies in Spain must ensure that the registration holder has a representative in the EU. This change in holder must therefore be applied for and appear in the decision to authorise the biocide.

The European Commission has prepared a document of questions and answers which can be consulted at this link.

How does Brexit affect the marketing of plant protection products?

The European Commission has prepared a document of questions and answers which can be consulted at this link.

 Non official translation