HSE exploring chemicals legislation reform

The Health and Safety Executive (HSE) have reiterated that they will be looking into the reform of legislation on chemicals.

When the UK left the EU, the UK inherited the EU chemicals regulatory framework which was managed at a European level. Much of this legislation became assimilated into law in Great Britain, with Northern Ireland still following the EU versions as part of the Withdrawal protocol.

The Retained EU Law (Revocation and Reform) Act 2023 provided powers to reform assimilated law.

As part of the governments 'smarter regulation' programme, the HSE are looking into using their powers to reform the chemicals legislative framework in Great Britain. Their powers to do so under current legislation expire in June 2026 so they will act before then.

The HSE are policy leads for three key areas of chemicals legislation in Great Brtiain:

• classification, labelling and packaging of substances and mixtures - Assimilated Regulation 1272/2008 on classification, labelling and packaging of substances and mixtures (GB CLP);
• the export and import of hazardous chemicals - Assimilated Regulation 649/2012 on the export and import of hazardous chemicals (GB PIC);
• biocidal products regulation - Assimilated Regulation 528/2012 on the making available on the market and use of biocidal products (GB BPR).

These Regulations were directly applicable European law and were assimilated into the UK statutory book when we left the European Union.

The HSE have said they will be working with various stakeholders throughout this year to look at reforming the chemicals framework with the intentions of:

• reducing regulatory burden on dutyholders and the HSE as regulator;
• ensuring the framework is proportionate to the needs of the British chemicals market; and
• maintaining existing levels of health and environmental protection.

We will keep you posted on any developments in this area - so watch this space!