The UK Government has issued guidance to businesses that use
chemicals on the actions they should take now to minimise any
disruption in the event of a no-deal Brexit.
If the UK leaves the EU on 29 March without a deal, UK businesses
that manufacture or import chemicals from the EU will have to
register those chemicals to a new UK regulatory system. UK REACH
(Registration, Evaluation, Authorisation and Restriction of
Chemicals) will replace EU REACH and will require businesses to
demonstrate how a chemical can be safely used with minimal risk
to human health or the environment.
The chemicals sector is the UK’s second biggest manufacturing
industry and UK businesses currently hold over 12,000
registrations with REACH. A ‘no deal’ would mean that a range of
other key sectors would also be required to register any imported
chemicals they use on UK REACH. This would include the motor
manufacturing, cosmetics, construction and cleaning products
industries.
Environment Minister Thérèse Coffey said:
“Delivering a negotiated deal with the EU remains the
Government’s top priority, but it is the job of a responsible
Government to ensure we are prepared for all scenarios, including
no deal.
“It is not just chemicals producers that could be affected by
this change so I encourage all businesses that use chemicals to
read the guidance on the HSE website and check whether they need
to take action.”
Under the new requirements, if the UK leaves the EU without a
deal:
- UK businesses that manufacture a chemical (those currently
registered to EU REACH) will need to validate their existing
registration with the Health and Safety Executive (HSE) within 60
days of the UK leaving the EU.
- UK businesses that import a chemical substance from the EU
will need to setup a new registration with HSE within 180 days of
UK leaving the EU.
- UK businesses that export chemicals to the EU will need to
have an EU REACH registration in place once the UK leaves the
EU.
In addition, more technical information will need to be submitted
by businesses to HSE within two years of EU Exit. The
requirements are part of the Government’s commitment to maintain
environmental standards after we leave the EU.
In order to register on UK REACH in a no deal scenario,
businesses need to take the following action:
- Identify the chemical and quantity that they use;
- Understand how to register that chemical by reading the EU
Exit guidance; and
- Prepare the information for that registration.
- Businesses that may be affected should read the latest
guidance on requirements for using chemicals after the UK leaves
the EU on HSE.GOV.UK/EuExitReach
ENDS
Notes to editors
- Reaching a deal with the European Union remains the
Government’s top priority however, the Government must prepare
for every eventuality, including a no deal scenario.
- REACH (Registration, Evaluation, Authorisation and
Restriction of Chemicals):
- REACH applies to all chemical substances; not only those used
in industrial processes but also in our day-to-day lives, for
example in cleaning products, paints as well as in articles such
as clothes, furniture and electrical appliances.
- REACH places the burden of proof on companies. To comply with
the regulation, companies must identify and manage the risks
linked to the substances they manufacture and market and
demonstrate how the substance can be safely used. If the risks
cannot be managed, authorities can restrict the use of
substances.
- Further information on the principles of REACH can be found
at http://www.hse.gov.uk/reach/whatisreach.htm
- There are a number of other chemical regulations that will be
impacted if the UK leaves the EU without a deal including for
biocides, pesticides and classifying, labelling and packaging of
chemicals. Further information can found at http://www.hse.gov.uk/brexit/brexit-no-deal-guidance.htm
- The Health and Safety Executive (HSE) would act as the lead
UK Agency, from the day the UK leaves the EU, building on its
existing capacity and capability.
