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EU Exit: Guidance for businesses that use chemicals
To ensure that the UK will continue to be able to monitor and evaluate chemicals to reduce the risk posed to human health and the environment if the UK leaves the EU without a deal on 29th March, the Department for Environment, Food & Rural Affairs has issued a reminder of the actions those involved in the chemicals business may need to take.
In the event of no deal, the UK REACH (Registration, Evaluation, Authorisation & Restriction of Chemicals), will replace EU REACH Regulation and will be brought into UK law by the European Union (Withdrawal) Act 2018.
The Act replicates REACH in the UK whilst making the changes necessary to make it work outside of the EU. The UK will therefore retain the key principles of the EU REACH Regulation, including its fundamental principle of 'no data, no market', and its provision for Only Representatives
In a no-deal scenario, the UK and the EU regulatory agencies would operate independently from each other. If companies are supplying and purchasing substances, mixtures or articles to and from the EU/EEA and the UK, they will need to ensure that the substances, or substances within a mixture/article, are registered with both agencies (ECHA and the UK Agency, i.e. the HSE) separately in order to maintain or gain access to both markets.
"The role you currently undertake within EU REACH may change, in some cases significantly," warns DeFRA. "It is therefore important that you undertake a review of your role(s) within the EU and UK REACH regimes. To maintain or gain access to the EU/EEA and the UK markets, there may be a number of actions you will need to take if there is no deal with the EU."
Comprehensive guidance sets out a number of actions that would need to be investigated to enable you to prepare for a 'no-deal' scenario. For the UK market, there will be a phased approach designed to minimise disruption and ensure continuity.
24th January 2019