In the event of a no-deal Brexit
Currently, businesses who manufacture or import chemical substances as such, in mixtures, or in articles, into the EU need to register them with the central European Chemicals Agency (ECHA). As of August 2018 – UK businesses held over 12,000 of these registrations. Following a no-deal Brexit scenario happening on 29 March 2019, UK companies would only be able to sell into the EU providing they have transferred their existing registration to an EU-based entity (a legal person within the EU27) in the time frame of 12th to 29th of March 2019. The ECHA transfer fee for a single registration is around £1,600, excluding admin costs. Businesses would need to meet both UK and EU requirements when they register new chemicals or seek authorisation to sell into both markets, creating duplication of registration fees and additional administrative burdens. EU WTO tariffs of on average 5% would also apply.
According to Article 8 of REACH (EC nr 1907/2006), non-EU businesses can appoint an Only Representative (OR), to act on its behalf regarding the obligations under REACH.
Intersolia Sweden AB (legal person in Sweden), provides OR-services for non-EU companies obliged to register chemical substances under REACH (EC nr 1907/2006).
Intersolia Sweden AB is well reputed as an OR-services provider which is of outmost importance since there are certain prerequisites about the level of REACH knowledge required by staff at that facility providing the OR service. All OR-services of Intersolia Sweden AB is carried out according to provisions in very well defined OR-contracts between the parties minimizing the risk for legal disputes and thus also clearly defining the roles of all parties.
Dr. Andreas Woldegiorgis