HSE Guidance (UK Brexit)

HSE has now created an online resource for the UK Brexit Notices (the ones it is dealing with) and it’s own guidance for its new role in Chemicals Regulation (I posted about the new role for HSE recently). This online resource is here.

On this resource is new additional REACH guidance here.

Plus an important table with key dates here. Note the downstream user stipulations in this table.

Chemicals Regulation – REACH (Brexit UK)

This is a repeat post on the subject, this time drawing attention to gaps.

ECHA has guidance (continually updated) to companies in the form of Q&A – here. I posted about this before.

The UK has a Technical Notice (REACH) – here. I posted about that before.

The UK Technical Notice confirms –

“UK would ensure UK legislation replaces EU legislation via the EU Withdrawal Act, establish a UK regulatory framework and build domestic capacity to deliver the functions currently performed by ECHA. The legislation would preserve REACH as far as possible, while making technical changes that would need to be made because the UK has left the EU.”

And“• Businesses with existing EU REACH registrations being automatically grandfathered into the UK regime or authorisations would have to validate their existing registration with the UK authority (the HSE), opening an account on the new UK IT system and providing some basic information on their existing registration within 60 days of the UK leaving the EU. This IT system is being tested with a range of different users so that it is ready to support registrations of chemicals in the UK from March 2019.

• Companies with grandfathered registrations would have two years from the day the UK leaves the EU to provide the UK authority (the HSE) with the full data package that supported their original EU registration and is held on the ECHA IT system.

• Businesses that imported chemicals from the EEA before the UK leaves the EU (but who did not have an EU REACH registration), would need to notify the UK authority and provide some basic data on the chemicals within 180 days of the UK leaving the EU, instead of having to undertake a full registration immediately. This would be an interim arrangement for those importers and they would need to move to full registration at a later date following a review of this approach.

• Importing businesses would be responsible for identifying appropriate risk management measures and recommending them to their customers.”

No Brexit law is yet drafted, but note the above IT system notification requirements. (Reminder, subscribers to Cardinal Environment EHS Legislation & Registers have a global OHS and ENV Brexit Law list supplied, updated)

REACH does not only deal with registration of chemicals, it also has obligations on downstream users to inform, and REACH regulates the content and distribution of safety data sheets.

The ECHA Q&A has it (2017) that UK users of chemicals will have no obligation to inform of uses back up the chain (one of the REACH downstream user obligations). The UK Technical Notice is silent, bar the IT system interaction.

Both are silent on Safety Data Sheets.

I will update this post, if information comes to light this side of Christmas. Otherwise there will be a new post on the general topic in 2019.

New Chemicals Instructions (EU Brexit Preparedness)

ECHA (the European Chemicals Agency) has new support pages – here.

These pages contain the most detailed information so far.

The UK has also issued Technical Notices, some of these are relevant for Chemicals. But, many gaps still persist.

Please visit the Chemicals category on this Blog, for the posts I have written on Chemicals and Brexit Preparedness.

We still have no instruction on Safety Data Sheets.

UK exits the EU (ECHA advice to companies)

I posted earlier with the European Commission Notices to Companies. The European Chemicals Agency (ECHA) has also issued advice to companies. This covers :

(1) general

(2) Reach

(3) CLP (Classification, Labelling & Packaging)

(4) BPD – Biocides (see also my earlier post on the European Commission Notice to Companies, and Q&A)

(5) PIC

The ECHA information is accessed here