The UK’s post-Brexit chemicals regime hit the headlines in the first quarter of 2021, with firms raising concerns over the costs of complying with the new system. NGOs responded by urging the government to resist industry’s calls for the UK REACH chemicals regulation regime to be recast. As the row rumbled on, businesses got on with the task of preparing for a series of key deadlines over the coming months, while DEFRA continues to work on developing its now much-delayed chemicals strategy.
What's coming up?
• A call for evidence to help inform DEFRA’s strategy for delivering a chemicals framework was expected before the end of March.
• Transfer of UK REACH registrations to the EU market must be done by 31 March to ensure continued access (see in focus, below).
• GB operators holding UK REACH registrations must provide basic information to the Health and Safety Executive to validate grandfathered registrations by 30 April.
• The Environment Bill, which the government has carried over to the next parliamentary session, would give the secretary of state powers to allow the government to amend the main text of UK REACH law, with the exception of certain protected provisions that cannot be modified.
• A consultation on a draft update to the UK National Implementation Plan for the Stockholm Convention on Persistent Organic Pollutants closes on 14 May.
• A final sector plan for chemicals is expected from the Scottish Environment Protection Agency.
In focus...
UK REACH
Businesses using, selling and distributing chemicals in the UK and EU face critical deadlines, writes Kathryn Tearle
While not every company has specific obligations under UK REACH, it is the duty of each business to review its chemical use and update procedures in line with evolving rules. The Health and Safety Executive (HSE) has published guidelines to help firms plan ahead.
Two important milestones for the chemical industry have already passed. The first, requiring GB-based firms to apply for UK REACH authorisation or ‘grandfather’ their existing EU one, passed on 1 March. However, in certain situations, special transitional provisions apply and the deadline for notification can be extended. Businesses needing to do so can register their intention at ukreach.authorisation@hse.gov.uk.
The second milestone – for UK companies to transfer their chemical registration to an EU successor to act as their representative within the bloc – passed on 31 March. Registrants missing this deadline cannot place their substance on the EU market.
One deadline still on the horizon is the 30 April 2021 completion date for the ‘grandfathering’ process. Grandfathering promotes business continuity by recognising relevant EU REACH registrations under the UK system. It also helps coordinate registrations from businesses who deal with the same materials.
To grandfather a registration, a firm must open an account on the Comply with REACH IT system. Once a registration has been grandfathered, the registrant can view other entities that have grandfathered their existing EU registration and other operators who have inquired for that substance.
This allows businesses to form a ‘substance group’ of firms that want to submit a registration for the same substance. The group should appoint a lead registrant to submit a joint registration dossier for that substance and to approve members into the group. Once a chemical has been grandfathered, it will receive a UK REACH registration number to add to its safety data sheet.
Depending on a substance’s tonnage band and hazard profile, the registrant must comply with the full information requirements under UK REACH within either two, four or six years from 28 October 2021.
Kathryn Tearle is deputy chief scientific adviser at consultancy Adler and Allan
Built with Shorthand