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Brexit Health Check - UK REACH

Staying Compliant with UK REACH

The UK has left the European Union, and from 1 January 2021 separate registrations are needed concerning chemical substances governed by the REACH legislation placed on the market in the EU and in the UK. The UK has implemented its own UK REACH framework which must be complied with for access to the market in Great Britain. Although the regulatory requirements of UK REACH are similar to those of EU REACH, companies must remain proactive in ensuring they are taking the actions outlined by the UK government to remain compliant under the new framework.

Enviresearch is here to ensure you understand your obligations, and the actions you must be taking to ensure compliance with both the EU and UK REACH regulations both right now, and in the future.

For further information please contact Regulatory Affairs ConsultantChris McGurk,This email address is being protected from spambots. You need JavaScript enabled to view it. and + 44 (0) 191 243 0687.

1 Hour Free EU REACH and UK REACH Consultancy

We are now offering a 1 Hour Free EU REACH and UK REACH Consultancy for New Clients!

The EU and UK REACH regulations govern over 20,000 chemical substances placed in the UK and EU marketplaces. These are multifaceted pieces of legislation, and navigating them can seem like an obstacle to registration success. Enviresearch is here help overcome these challenges by offering one hour of our time as free consultancy.

Our REACH team will look into any general REACH queries you may have and provide our view and recommendations. We aim to enable you to have a clear idea of your obligations and the measures needed to undertake to ensure the security of your REACH substances.

For further information please contact Regulatory Affairs ConsultantChris McGurk,This email address is being protected from spambots. You need JavaScript enabled to view it. and + 44 (0) 191 243 0687.

REACH Responsibilities After the Brexit Transition Period 

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. 

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The Impact of a ‘no-deal’ Brexit on your CLP Responsibilities

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.

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The Impact of a ‘no-deal’ Brexit on the Regulation of Plant Protection Products in the UK

With the United Kingdom due to leave the European Union on 29th March 2019, businesses concerned with the registration of plant protection products must now look to see how they are affected if a withdrawal agreement is not in-place after exit day.

The terms of the UK’s departure from the EU are still unclear, meaning continued uncertainty for businesses. If a withdrawal agreement can be reached between the UK and EU there will be an implementation period during which the UK will comply with EU laws, and data sharing between the EU and the UK is expected to continue. However, with little time remaining there is an increasing possibility that an agreement will not be reached, forcing a ‘no-deal’ scenario.

With respect to plant protection products (PPPs), in a ‘no-deal’ scenario, the current EU regulatory regime will be converted into UK law and will remain very similar to the existing EU regime. When this happens, PPP applications for products intended for the UK market will need to comply with the new UK regulatory framework and must be submitted to the UK authority (Health and Safety Executive, HSE).

The UK government and HSE have issued guidance for business which outlines plans for the UK regulation of PPPs in a no-deal scenario and the necessary measures businesses will need to take in order to be prepared.[1], [2]

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Contact

Enviresearch Ltd
34 Grainger Park Road
Newcastle upon Tyne NE4 8RY

Telephone: +44 (0)191 243 0687
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Further Information