The introduction of UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) after the end of the Brexit transition created a specific instrument known as the Downstream User Import Notification (DUIN) for companies in Great Britain (GB) that were importing chemical substances.

Under this regime, a GB-based business that had already imported a substance (or had been a downstream user/distributor under EU REACH in the two years prior to 1 January 2021) could submit a DUIN to the HSE to continue importing that substance without immediately undertaking full registration.

In short, the DUIN route offered a deferment: by submitting the notification, the company could import the substance (above one tonne per year) while deferring the need to submit full registration dossiers until the relevant deadline (2, 4 or 6 years later, depending on tonnage and hazard profile).

On the other hand, for substances that had not previously been imported by a GB company (or where the importer had not filed a DUIN eligibility because they did not import in the window), a new route called the New Registration of Existing Substances (NRES) applies.

While these transitional measures were designed to maintain continuity and safeguard supply chains at the moment of the UK’s departure from the EU, they are increasingly cited by industry as limiting innovation and constraining business growth in the UK.

Several key aspects are worth highlighting:

The “previous import” requirement shuts out new substances

Because eligibility for DUIN depends on having imported the substance (or been a downstream user/distributor) in the two-year window prior to 1 January 2021, any company looking to import a newly introduced substance (even if it is legitimately on the EU market or elsewhere) faces a much more burdensome path. SC Johnston statement;

“This means importers who wish to import substances for the first time after the end of the Brexit transition period are unable to do so, despite the substances legally being on the market (and used by other Downstream Users). … It inhibits innovation at a time when it should be supported.”

In effect, the DUIN mechanism preserves only the status of substances already in use, and leaves GB companies who want to adopt newer chemistries or novel imports facing full registration burdens through NRES. That impedes access to novel substances, greener alternatives or disruptive chemistries, at a time when the UK emphasises innovation-driven growth.

The NRES route is costly, time-consuming and impractical for many businesses

While NRES is theoretically available, in practice the process remains burdensome. The British Coatings Federation stated;

“Whilst not as expensive and time‐consuming as a full registration, NRES still takes months, requires a lot of data, and costs a lot to make this partial registration… So, smaller manufacturers are stuck with their current portfolio of substances unless they go through the NRES process themselves.”

Thus, for smaller innovators or new entrants the cost, data generation (often toxicological studies, exposure assessments, dossier preparation), and time delays act as significant barriers. The fact that the prior-import requirement blocks the simpler DUIN route means the NRES route becomes the only viable option, but with high cost and complexity.

The consequence is frozen portfolios and diminished business growth

Because of these regulatory chokepoints, UK businesses raising new products or formulations face limited choice of substances. They may be forced to continue with legacy chemistries rather than adopt novel ones. The risk is two‐fold: slower product development cycles, and reduced competitive ability internationally. The British

Coatings Federation warns:

“The current New Registration of Existing Substances (NRES) procedure … is effectively freezing the UK market for many manufacturers.”

In other words, the regime that was intended to facilitate continuity is now reinforcing inertia: if you did not have a substance already in play by the start of 2021, you’re disadvantaged.

Practical business realities: cost, timing, and data sharing burdens

Beyond the eligibility design, businesses cite practical issues: submission of dossiers in specific formats (IUCLID, etc) via the “Comply with UK REACH” portal.

There is also the requirement to negotiate Letters of Access (LoA) to existing data if joining a consortium.

For many SMEs and innovators, these upstream costs (accessing data, paying for LoAs, hiring regulatory expertise) restrict resource allocation for actual product innovation.

In conclusion, while DUIN and NRES were introduced as transitional tools under UK REACH to secure continuity of chemical imports into Great Britain, their structure now appears to favour incumbents who were already importing substances in the relevant window and to deter newcomers seeking to import novel or innovative substances. The requirement of prior importation for simpler notification means that many UK businesses are locked into older substance portfolios and face a high-barrier route (NRES) to adopt new chemistries, thereby limiting both innovation and business growth. Unless the regulatory framework is amended to ease access for first‐time importers and streamline NRES or provide innovation-friendly exemptions, the risk is that the UK chemicals ecosystem will fall behind more dynamic markets.

BASA fully supports the extension of the DUIN process to include substances that had not been previously imported but do have an existing EU REACH registration.

About BASA:

BASA is the UK’s independent voice for the £1.7 billion adhesives and sealants sector in the UK and Ireland, representing members through advocacy, technical guidance, and networking. As the Adhesives and Sealants Association, we champion innovation, compliance, and sustainability while supporting business growth and strengthening industry standards. Visit us at www.basa.uk.com.