The title of this article is a typical question we receive daily.
So first let's look how Brexit stands and what is the legislation on chemicals? Is the procurement of chemicals in the United Kingdom already considered as imports from third countries?
And secondly, we will find the answer to the question of whether it is still necessary to obtain a notification number in Slovenia at the Chemicals Bureau if you are purchasing a chemical in the United Kingdom?
First, let's sum up the basics about Brexit dates. Since 31. 1. 2020 United Kingdom is no longer a Member State of the European Union (EU). Until the end of 2020, the so-called transitional period is in effect, which ends on 31. 12. 2020.
Until then, the REACH (1907/2006) and CLP (1272/2008) Regulations still apply to the United Kingdom. This means that the United Kingdom is not yet considered as a third country until the end of this transitional period.
In other words, until 31. 12. 2020, the supply of chemicals from the UK is still an entry rather than an import from third countries.
After that date, an EU-UK trade agreement may already come into force. It is unknown what trade agreement will be concluded and whether the legislation on chemicals in the UK will be aligned with the European.
UK will become a third country unless a specific agreement is reached on chemicals. What would this mean in practice?
If, after 31. 12.2020, a chemical is supplied to the EU by a UK company, this would mean importing the chemical from third countries. Given that now it would be import into the EU, the following should be considered:
- In case of imports of an individual substance in quantities exceeding 1 ton per year, the substances must be registered in accordance with REACH No. 1907/2006.
- In case of import of hazardous mixtures, it is required in accordance with CLP Regulation no. 1272/2008 to submit a notification about the substances that contribute to the classification of the mixture.
- After 1.1.2021, importers of hazardous mixtures will be required to perform UFI/PCN procedures in accordance with Article 45 of CLP Regulation No. 1272/2008.
We are monitoring developments in this area with great interest. In case you have any specific question about Brexit, we are just one e-mail or phone call away.
Now let’s go back to the answer regarding the chemical reporting to the Chemicals Bureau in Slovenia.
In case of chemicals classified as hazardous under CLP Regulation no. 1272/2008, in accordance with the Slovenian Regulations on the communication of data for chemicals, they must be reported to the Chemicals Bureau through the ISK web portal or get a notification number for them. This applies to the entry and import of chemicals into Slovenia.
That being said, the answer to the above question is "yes", you still need to get a notification number from the Chemicals Bureau. Nothing has changed here because of Brexit.
In case you still have any unresolved issues regarding chemicals, we are here to help you.