The UK has left the EU, and is currently in a transition period which will come to an end on 31 December 2020. After this period the United Kingdom will implement its own independent chemicals regulatory framework ‘UK REACH’. This will mean that for market access in the EU and UK, separate registrations will be needed for substances under both (EU) REACH and UK REACH. The UK government has provided updated guidance on the measures needed for registrations under the new UK REACH system. 

As the EU-UK Withdrawal Agreement transition period nears its end, the UK government has published updated guidance on complying with the new UK REACH regulation Under UK REACH, manufactures and importers will have a duty to register chemicals that are produced, distributed or sold in the UK. This change means companies should review their substance registrations and roles in chemical supply chains to ensure continued compliance in the UK and/or the EU where separate registrations will be needed. 

To help clarify the new responsibilities for businesses, the UK government has released guidance for compliance with UK REACH, which comes into effect on 1 January 2021. The guidance clarifies that UK REACH will maintain EU REACH’s key aims and principles, including; the “no data, no market” principle, the “last resort” principle on animal testing, access to information for workers and, the precautionary principle. [1] Also outlined are the actions business must take upon the implementation of UK REACH to ensure compliance with the new framework and undisrupted access to the UK market. 

Following the United Kingdom’s withdrawal from the European Union on 29th March 2019, chemical suppliers must be aware of the impact of a ‘no-deal’ Brexit on their responsibilities for the classification, labelling and packaging of substances and mixtures marketed in the UK.

The Brexit withdrawal date will soon be upon us, and there currently remains no finalised agreement on the terms of the UK’s departure. In the absence of such an agreement, a ‘no-deal’ scenario would come into effect, with EU legislation ceasing to apply in the UK.

Under a ‘no-deal’ scenario, the UK would establish an independent, stand alone regulatory regime for chemicals. As part of this regime, to replace the EU’s regulation on the classification, labelling and packaging (CLP) of substances and mixtures (Regulation 1272/2008), the UK would adopt the UN globally harmonised system (GHS). As the EU’s CLP regulation adopts the UN’s GHS on the classification and labelling of chemicals, the duties of suppliers of chemicals in the UK will be expected to remain broadly the same as those in the EU. However, some procedural differences can be expected, including:

• Companies operating in the UK will deal with the Health and Safety Executive (HSE) in place of the European Chemicals Agency (ECHA).
• Companies will need to classify and label products separately with regards to placing on the market in the UK or the EU.