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.