BLOG
UK: Updated Guidance on Regulating chemicals (REACH) if there is no Brexit deal –
- transfer existing REACH registrations held by UK-based companies directly to the UK’s replacement for REACH, legally ‘grandfathering’ the registrations into the British regime. Grandfathering is the act of exempting something from new legislation or requirements;
- set up a transitional “light-touch” notification process for UK companies importing chemicals from the EEA before the UK leaves the EU that do not hold a REACH registration. This reduces the risk of supply chain disruption for companies currently relying on a registration held by an EEA-based company; and
- carry into the UK system all existing authorisations to continue using higher-risk chemicals held by UK companies.
- businesses with existing EU REACH registrations being automatically grandfathered into the UK regime or authorisations would have to validate their existing registration with the Health and Safety Executive (HSE), opening an account on the new UK IT system and providing basic information on their existing registration within 60 days of the UK leaving the EU;
- companies with grandfathered registrations would have two years from the day the UK leaves the EU to provide the HSE with the full data package that supported their original EU registration and is held on Echa’s IT system;
- businesses that imported chemicals from the EEA before the UK leaves the EU (but which did not have an EU REACH registration), would need to notify the HSE and provide basic data on the chemicals within 180 days of Britain’s withdrawal, 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; and
- importing businesses would be responsible for identifying appropriate risk management measures and recommending them to their customers.