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Updated Dec 7, 2021

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UK REACH deadlines to be extended

The Department for Environment, Food and Rural Affairs (Defra) has committed to looking into different arrangements for UK REACH transitional registrations through a consultation to be launched soon.

UK REACH is the framework used by the Government to regulate chemicals. It ensures that any chemicals placed on the market in England, Scotland and Wales are registered for use, aiming to protect public health and the environment. The registration process is complex but ensures that chemicals are properly regulated.

Before Brexit, this framework was managed by the EU and UK companies had registered their chemicals with the European Chemicals Agency (ECHA). Following withdrawal from the EU, the Health and Safety Executive (HSE) became responsible for managing chemical registrations in the UK, and all UK companies manufacturing or importing chemicals had to transfer registrations to them from Europe. Certain downstream users also found that they needed to potentially register as chemical importers - a process they were exempt from whilst the UK was part of the EU.

As part of the transition from EU to UK regulation, all chemical businesses in Great Britain should now have provided initial information and will be preparing to submit full registration data within the phased deadlines. The Government has decided though that it will consult on extending transitional deadlines for providing full registration data. The aim of the consultation will be to engage with industry leaders and stakeholders to see if there are opportunities to reduce the need to replicate existing EU REACH data by placing a greater emphasis on understanding how chemicals are used in GB.

In a letter to industry leaders, George Eustice said that a new model for transitional registrations was being explored. The proposed model "would reduce the need for replicating EU REACH data packages by placing a greater emphasis on improving our understanding of the uses and exposures of chemicals in the GB context. This has the potential to provide clearer evidence on whether each company is managing chemicals safely and support more targeted regulatory actions (for example, identifying the highest risk chemicals), whilst also reducing burdens on businesses."

Under current deadlines, downstream users importing more than 1000 tonnes of chemicals a year with certain hazardous properties must submit their dossiers by 27 October 2023. However in his letter Mr Eustice also confirms that "we are currently minded to extend the 27 October 2023 deadline to 27 October 2025. We also intend to consult on what, if any, extensions of the other deadlines would be appropriate."

More information on proposals should be published when the consultation is launched. Until the consultation has concluded and any agreed changes implemented in law, companies should continue to work towards the deadlines as they currently stand.

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