Responsible Sourcing
UK REACH Obligations: What LBMA Members Need to Know and Do in 2021
Follow this checklist to ensure obligations are fulfilled:
1. Determine UK REACH Obligations
In order to retain a compliant access to the Loco London market, LBMA Members are urged to look at their inventories and identify their obligations under UK REACH.
It is important to note that, in light of the equivalence between UK REACH and EU REACH principles, the exemption from registration for investment products defined in the LBMA REACH papers dated March 2010 and September 2018 continue to apply under UK REACH, available in MyLBMA portal. These do not need to be registered under UK REACH and their quantities should not be included in the quantities subject to UK REACH registration.
2. Set-up Submission Requirements
LBMA will be producing guidance to assist Members with the following initial steps, available in MyLBMA portal by Friday, 22 October, 2021:
- Creating a Government Gateway account
- Creating a Comply with UK REACH Service account
- Installing International Uniform Chemical Information Database (IUCLID)
These are required for any legal entity intending to submit a Grandfathering (GF), Downstream User Importer Notifications (DUIN), Article 26 Inquiry or actual Registration to the UK HSE.
3. Submit
3.1. Grandfathering (GF)
GF is open to GB-based legal entities having an EU REACH Registration for the substance they need to register under UK REACH, whether or not this was transferred to the UK-based legal entity.
Although the option to submit GF registrations is no longer available in the ‘Comply with UK REACH Service’, HSE informed LBMA on 23 September 2021 of the following:
"...[the option to submit GF registrations] would be re-activated for a short period of time in the future (dates to be confirmed). This will give a small window of opportunity for those who were unable to submit their dossiers on time to complete the submission of the required information into UK REACH and come back into compliance. We will keep a record of all companies who contact us and we will notify them when the grandfathering option will be switched back on to enable them to complete their submission."
In preparation for this small window, LBMA has produced a survey to collect Members’ GF-related information. Only companies responding to this survey may be granted a new deadline to submit their GF information.
3.2. Downstream User Importer Notification (DUIN)
DUIN is open to GB-based legal entities purchasing from EU registered suppliers, and would as such be considered as Downstream Users under EU REACH. These GB-based legal entities purchasing their substances from non-GB based suppliers now are considered to be importers under UK REACH.
LBMA will produce guidance and a pre-completed DUIN spreadsheet template to assist Members with the sending of their DUIN by mail to the UK HSE by 27 October, which will be available on the MyLBMA portal by Friday, 22 October, 2021.
3.3 Article 26 Inquiry
Article 26 Inquiries are open to GB-based legal entities without an EU REACH Registration or were not considered Downstream Users of registered importers. Companies not meeting the requirements to benefit from either the GF or DUIN approaches need to submit a IUCLID file before the placing on the GB market of their substance.
LBMA will produce guidance and pre-completed Inquiry IUCLID file templates to assist Members with the submission of their inquiries through the ‘Comply with UK REACH Service’ which will be available on the MyLBMA portal by Friday, 22 October, 2021.
For more information, please contact regulatory.affairs@lbma.org.uk
Look out for further updates – including a briefing for post-2021 actions – which will be prepared and published in due course.
The information provided on this page does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
LBMA acknowledges contributions by Caroline Braibant, Head, Regulatory and Scientific Affairs at Cobalt Institute, to this regulatory update.