UK REACH Extension (UK)

Last year (2022) the UK Government consulted on extending the registration deadlines, from the current deadlines, the first of which is as soon as October 2023.

The UK REACH Regulation contains transitional provisions that allow companies to submit initial ‘notification’ data in order to continue trading and then subsequently provide the full registration data. The transitional provisions apply to those that were registrants, downstream users or distributors under EU REACH before UK REACH came into effect. The current deadlines for completing this transitional registration process, depending on tonnage and hazard profile of the substance, are set down in Article 127P of UK REACH, and the first of these is 27 October 2023.

The UK Government published its consultation response in November 2022. It did agree to extend the deadlines. But the legislation to put this into effect is not yet issued.

We will notify subscribers to Cardinal Environment EHS Legislation Registers & Checklists, in the monthly Email Alert, as soon as this legislation has been enacted. In the meantime, questions about the deadlines should be addressed to the HSE.

The November 2022 UK Government consultation response is here.

Please note: the UK REACH legislative instrument (a Brexit amended EU-era document) is currently on the list for deletion in the REUL Project. However, we now understand that the REUL Project will remove a smaller number of EU-era documents than the current Bill wording requires, and possibly the sunset clause could itself be removed. We await the UK Governments tabled amendments to the REUL Bill, which will return to the Lords 15/17 May for its Report stage, for the detail on this.

REUL Bill Update (UK)

The FT is reporting this morning that the (government’s) BEIS Secretary of State has told Brexiter Tory MPs the sunset clause will be removed from the bill: approx 800 EU-era laws will be removed by 31st Dec with the majority retained.

We await publication of the government’s bill amendments for the detail. Subscribers to Cardinal Environment Legislation Registers & Checklists can see a working list of the large number of EU-era laws that would be deleted if the current REUL bill wording is not changed. We will update this list when further detail is available.

The REUL bill is due back in the Lords 15/17 May for the Report stage (the last stage before returning to the Commons and bill assent). Note: these dates are not published.

REUL Bill UPDATE (UK)

UPDATE : this bill (report stage) is back in the House of Lords list for 15/17th May 2023

*** the REUL bill has been removed from the list of House of Lords forthcoming business.

Next stage to be confirmed, but likely not before mid May.

Plan for Water (England)

DEFRA has published today (4th April) it’s Plan for Water (for England) – here.

A number of points:

* it looks like the 2017 water framework regulations (currently applying in England and Wales) will be re-written –

“The headline figures [of water quality] do not show the complete picture of the state of our water environment.” … [specifically] “The ‘one-out-all-out’ approach requires each individual test – such as on fish or pH – to pass as ‘good’ for the water body to achieve overall good ecological status.”

“We want to make the whole framework more outcome-focussed and fully integrated with other environmental plans and government delivery plans.”

“We consider there to be opportunities to improve the regulatory system through reviewing the implementation of the Water Environment Regulations 2017 now that we have left the EU.”

“We will consult on any proposed changes.”

The 2017 Regulations are on the REUL list for deletion. The Welsh government has notified the UK government it will not implement the REUL bill in Wales.