The UK Department for Environment, Food and Rural Affairs (DEFRA) issued the REACH (Amendment) Regulations 2023, SI772 on July 19, 2023. This new regulation amends Article 41 of the original REACH Regulation (EC) No 1907/2006 concerning the registration, evaluation, authorization, and restriction of chemicals.

The amendment transfers retained functions and powers under UK REACH to the Health and Safety Executive (HSE). Article 3 of the new regulation modifies Article 41(5) of REACH, extending HSEs deadline for compliance checks on certain types of registration dossiers.

Specifically, this change involves extending the deadlines in three aspects: By October 27, 2027, the HSE must inspect 20% of the substance registration dossiers received under Article 127P(4B)(a); by October 27, 2030, 20% of the dossiers received under Article 127P(4B)(b) must be inspected; and by October 27, 2035, 20% of the dossiers received under Article 127P(4B)(c) must be inspected.

Additionally, this revision extends the post-implementation period (IP) deadline for submitting registration information to the HSE as stipulated in Article 127P(4B). Consequently, the new implementation rules no longer specify the number of days after the end of the implementation period on December 12, 2020, but instead set specific submission dates. According to Articles 127B, 127L, and 127M, the HSE is the UK-designated authority for evaluating and reviewing substance registration information.

Any legal entity headquartered in the UK that intends to manufacture or import a substance in England, Scotland, or Wales with an annual production or import volume of 1 ton or more must submit registration documents for that substance to the HSE. Since mixtures do not require registration, it is important to note that if the total import volume of any substance constituting a mixture reaches or exceeds 1 ton per year, the substances in the mixture must be registered.

This revision also clarifies submission deadlines, including different cut-off dates on October 27, 2026, October 27, 2028, and October 27, 2030, with specific requirements varying by substance. These new regulations and deadlines undoubtedly provide clearer guidance and greater challenges for UK chemical manufacturers and importers.