REACH No 2 (UK Brexit)

Exit day is 12th April

I posted yesterday (DEFRA post) that a second REACH SI (Brexit Law) would be enacted. It is now laid, and comments may be made on it for the next few days only.

The document is here.

The instrument amends the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (the “REACH SI”). It adds to one of the transitional provisions relating to imported substances.

The REACH SI is here.

[the Brexit Law List in subscribers’ Cardinal Environment EHS Legislation Registers and Checklists is being updated again today. So check later today.]

Information per the Explanatory Note here

What did any relevant EU law do before exit day?

Controls on the use of chemicals are set out in Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals and establishing a European Chemicals Agency (“the EU REACH Regulation”). The REACH SI makes amendments to the EU REACH Regulation to make it operable in the domestic context and create a domestic regime for chemicals. The REACH SI contains a number of transitional provisions to allow for uninterrupted production and supply of chemicals, including one to allow the continued import of substances from the European Economic Area (“the EEA”) (“the transitional import provision”). That provision allows the importer of the substance two years from exit before they have to register the substance with the UK Agency. In the meantime the importer must provide the UK Agency with a notification within 180 days of exit.

Why is it being changed?

After the REACH SI was laid, the Department received representations from industry about the transitional import provision. Industry was concerned that, as drafted, it would still lead to disruption in the supply chain in the case of substances imported from outside the EEA. Industry was also concerned that the provision did not allow an only representative to send the required notification to the UK Agency. Only representatives are UK-based entities appointed by non-UK manufacturers, formulators or producers to fulfil the obligations of importers under the REACH Regulation. The EU REACH Regulation contains an equivalent provision regarding EEA-based only representatives. While industry has not provided detailed evidence of the impact, the Government has decided to reduce the risk through this instrument.

What will it now do?

This instrument adds to the transitional import provision. The revised version will also apply to imports to the UK from outside of the EEA where an EEA-based only representative had registered the substance under the EU REACH Regulation prior to exit. It also inserts a new provision that allows UK-based only representatives to provide the notification to the UK Agency.

Continue reading

REACH and Pesticides (UK Brexit)

UPDATE (31 Jan 2019) : the Pesticides area is now elaborated with new guidance – here.

I posted before about HSE having the role of registering Chemicals (in the event of no deal), because there would no longer be access to ECHA. HSE has now elaborated its online presence a bit more, with guidance and instructions. This online presence also gives access (left hand side) to Pesticides instructions.

Here

In addition, a draft REACH Brexit statutory instrument was published. This is loaded into the Brexit Law List, accessed from subscribers’ Cardinal Environment EHS Legislation Registers & Checklists systems.

This draft instrument identifies the new domestic law will be a UK amended version of the EU REACH Regulation.

It is a complex draft instrument, it confirms the safety data sheets would be continued, with some changes, and confirms the downstream user obligations would also continue, again with some changes. The document is here.

In due course, we (Cardinal Environment) will produce a consolidated version of this new domestic law.

Please see this Chemical Watch analysis of the draft instrument, here.

In the event there is a deal, or a FTA, the law could change again. I will update this post, and/or issue a new port.

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