REGULATION Brexit
Chemical Regulation and REACH David Wright, UKLA Director General
Regardless of the rights and wrongs of Brexit, or where you stand personally and professionally, all businesses need to be aware of the potential impact on their company and the markets they serve, and plan accordingly.
For REACH, the UK has stated that it intends to set up a UK REACH regulatory system that will mirror the EU REACH system currently managed through the European Chemicals agency ECHA, based in Helsinki. Although the intended aim of the United Kingdom is to secure associate membership of ECHA meaning that UK companies will still be able to participate in EU REACH.
Should this happen then existing registrations made by EU companies under EU REACH will continue to be recognised by the UK regulatory authority for UK REACH - the Health & Safety Executive (HSE). In this case EU companies holding existing EU REACH authorisations for their chemical substances and mixtures will continue to be able to place chemicals on the UK market without duplicate registrations to a UK authority under UK REACH.
In the event of there being no agreement around the terms of withdrawal between the UK and the EU, then the UK would become a third country outside EU REACH. In this case EU companies would need to have registered their chemical substances and mixtures with the UK authority the HSE, under UK REACH in order to continue to place them on the UK market.
Just as EU REACH relies on the local manufacturer or domestic importer to register chemical substances and mixtures, so too would UK REACH. This means that only companies based in the UK could register chemical substances and mixtures with the
UK regulator HSE. For EU companies with a UK distributor then a registration could be made through this independent registered legal entity or a local manufacturer, or even an existing registration could be held by an Only Representative located in the UK, to allow chemical substances and mixtures to continue to be placed on the UK market.
Similarly UK downstream users of an EU REACH authorisation held by an EU/EEA-based company in order to maintain their use or supply for a use in the UK, should confirm with the UK regulator, the HSE, that they are an existing authorised downstream user and that there is an existing EU authorisation in place. Also whether there are any conditions set out in the existing EU authorisation and the identity of the supplier of the substance.
Other regulations applying to chemicals including the Classification of Labelling and Packaging (CLP), the Biocides Product Regulation (BPR) and Prior Informed Consent (PIC) will be taken unchanged into English law and will continue to apply to chemicals placed on the UK market.
Regulatory alignment between the EU and the UK in future will only help to provide assurance to companies operating throughout the chemicals supply chain for manufacturers, distributors and downstream users so providing certainty to businesses operating across both markets.
LINK
www.hse.gov.uk
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LUBE MAGAZINE NO.148 DECEMBER 2018 LUBE MAGAZINE NO.150 APRIL 2019
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