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.