February 2026 Edition

ChemRegs Newsletter – February 2026

HSE Response to Consultation on Chemicals Legislative Reform Proposals

The Health and Safety Executive (HSE) has published its response to its consultation on proposed reforms to chemicals legislation in Great Britain (GB).

The public consultation sought views on HSE’s proposals to update 3 EU regulations assimilated into domestic law by the Retained EU Law (Revocation and Reform) Act 2023 (‘the REUL Act’)’ following EU Exit, for which is it responsible:

  • GB Biocidal Products Regulation (GB BPR)
  • GB Classification, Labelling and Packaging (GB CLP)
  • GB Prior Informed Consent for the export and import of hazardous chemicals (GB PIC)

It ran from June to August 2025 and aimed to streamline processes, reduce regulatory burdens, and maintain high health and environmental standards. The consultation document made clear that the scope of certain proposals across the chemicals regimes included some that are considered ambitious, and if progressed, would require a future primary legislative vehicle (i.e. a Parliamentary Bill) for them to be implemented.

Purpose of the reforms:

  • Align regulations with the Government’s Regulation Action Plan (RAP) to support growth, reduce complexity, and improve efficiency. ​
  • Maintain high levels of protection for the environment, human health, and safety standards, aligned with EU regulations, with divergence only in exceptional circumstances.

GB BPR Proposals:

  • Proposal 1 – Changes to GB BPR to support the recognition of international biocides approvals.
    • HSE Response: HSE’s preferred approach is to introduce legislative changes allowing for the recognition of EU approvals. The EU will be the only jurisdiction included on the list of recognised jurisdictions. HSE will explore opportunities to introduce this proposal via primary legislation.
  • Proposal 2 – Removal of active substance and biocidal products expiry dates and calling in active substances and biocidal products for review (approvals would no longer have fixed expiry dates, instead, active substances would be “called in” for review by HSE using a risk-based approach).
    • HSE Response: ​HSE will not seek to make this change under REUL Act powers. Instead, the preferred approach is that a change to replace expiry dates with a call-in system could be made via primary legislation. In the interim, HSE will seek to postpone the expiry dates of up to 173 active substances from January 2027 for a period of five years using REUL Act powers. This will provide time for the completion of the call-in system, including, if necessary or desirable, for the criteria for the call-in system to be consulted on.
  • Proposal 3 – Expanded essential use provisions (allow the Secretary of State to approve critical biocidal substances/products under strict conditions).
    • HSE Response: HSE’s preference is to seek to introduce powers to permit the Secretary of State to make the necessary derogations for essential use biocides via primary legislation.
  • Proposal 4 – Powers to amend GB BPR and its supporting regulations.
    • HSE Response: ​HSE’s preference is to seek to introduce a general power to update GB BPR and its supporting regulations via primary legislation.

GB CLP Proposals:

  • Proposal 1 – Consolidate Article 37 and Article 37A into a single procedure and remove the statutory link requiring HSE to consider all Committee for Risk Assessment (RAC) opinions published by the European Chemicals Agency (ECHA), thereby making GB CLP evaluation more agile and predictable,
    • HSE Response: HSE will aim to progress this proposal and make legislative changes to consolidate Article 37 and Article 37A using the REUL Act. The law will also be amended to remove the duplicative DG consent process.
  • Proposal 2 – Revoke the GB notification database and requirement for GB duty holders to submit notifications to HSE as the GB CLP Agency, thereby reducing burdens on duty holders and the regulator.
    • HSE Response: HSE will aim to use REUL powers to revoke the GB notification database and the requirement for GB duty holders to submit notification to HSE.
  • Proposal 3 – Relocate explanatory technical notes assigned to entries in the GB Mandatory Classification and Labelling (GB MCL) List from Annex VI to the Regulation to HSE’s website.
    • HSE Response: Using REUL Act powers, HSE will aim to make the necessary changes to relocate the notes from Annex VI to HSE’s website.
  • Proposal 4 – Introduce powers to make future amendments to GB CLP and its supporting regulations to implement general updates and international obligations.
    • HSE Response: As set out under the policy response for GB CLP proposal 1, the general powers to update are essential for future amendments to GB CLP. It will also provide the express legal basis by which GB CLP can align with all EU classifications, if doing so is a future policy position. The preference is that this change will be made in a future primary legislative vehicle.

GB PIC Proposals:

  • Proposal 1 – Removal of the Special Reference Identification Numbers procedure.
    • HSE Response: It is considered that this proposed change is appropriate as the SRIN is an EU administrative procedure that was retained at the time of EU Exit. It does not inform any regulatory activity under GB PIC, nor is it a requirement under the Rotterdam Convention, meaning the UK is still meeting its international obligations. The preferred course of action is to progress this proposal and make legislative changes to remove SRIN as it is a redundant procedure. This amendment would be made using REUL Act powers.
  • Proposal 2 – Amendment of the waiver from requirement for explicit consent to import provision.
    • HSE Response: The preferred course of action is that REUL Act powers would be used to amend the waiver for explicit consent to import provision.
  • Proposal 3 – Introduce powers to make future amendments and updates to GB PIC and its supporting regulations to implement general updates and international obligations.
    • HSE Response: The preferred course of action is for a general power be introduced to update GB PIC through primary legislation. This is a necessary measure which will permit GB PIC to be more flexible and responsive to international developments, including to ensure that the UK continues to meet its international obligations.

Northern Ireland’s Place in the UK Internal Market:

HSE aims to safeguard the UK Internal Market by aligning GB CLP with EU CLP where necessary to reduce regulatory barriers and ensure consistency across GB and NI. ​This includes consideration of how it will apply the new EU hazard classes into GB, the changes brought about by this revision – or rolling back of EU CLP measures – will support a more consistent regime across NI and GB. The legislation to implement these changes will be made with the intention to provide at least a minimum of six months prior to the labelling changes taking effect in Northern Ireland and the EU.

Stakeholder Feedback:

The proposals received a mixed response, with businesses generally supporting streamlining and efficiency, while NGOs and the public expressed concerns about potential reductions in standards and regulatory divergence from the EU. ​There was a strong preference for maintaining alignment with EU standards to ensure regulatory certainty and facilitate trade. ​

Next Steps:

HSE say they remain committed to aligning with EU standards and ensuring minimal regulatory divergence, except in exceptional circumstances. They will implement some proposals using secondary legislation under the Retained EU Law (Revocation and Reform) Act 2023. ​Those proposals requiring primary legislation will be pursued when suitable legislative opportunities arise. ​

You can view the consultation response here or contact chemicals.reform@hse.gov.uk if you have any questions.

ECHA CHEM updated with ED and PBT assessment lists

The EU chemicals database, ECHA CHEM, has been updated with more information.

The latest update includes data on substances that have been brought to ECHA’s Endocrine disruptor (ED) or Persistent, bioaccumulative/mobile and toxic (PBT/PMT) Expert Group and are undergoing ED, PBT/PMT or very persistent and very bioaccumulative/mobile (vPvB/vPvM) assessments.

UK Proposes New Mandatory Classification and Labelling for 60 Hazardous Chemicals

HSE has submitted a Technical Barriers to Trade (TBT) notification to the World Trade Organization (WTO), proposing amendments to the GB Mandatory Classification and Labelling List (GB MCL List). The proposal seeks to introduce new and revised entries for the mandatory classification and labelling of 60 hazardous chemical substances.

A Technical Barrier to Trade is a non-tariff regulation, standard, or conformity assessment procedure – such as packaging, labelling, or safety requirements – that makes importing goods harder and more costly. Notifications are necessary under World Trade Organization rules to ensure transparency, allowing other countries to comment on new regulations before they are implemented, thereby reducing unnecessary trade restrictions.

Following the EU Exit in 2021, Great Britain no longer directly implements the EU CLP Regulation. Instead, it established its own GB CLP Regulation, based on the EU CLP framework, and developed the national GB MCL List for chemicals.

The proposed new and revised entries for the 60 chemical substances are based on evaluations and assessments made by the HSE following the GB MCL update process.

Substances Affected:

The list includes, among others, copper compounds (oxides, hydroxides, sulfates) and several pesticides (e.g., folpet, captan, dinotefuran).

Timeline:

The proposal is expected to be adopted in Q2 2026, with voluntary compliance starting then and mandatory compliance required by Q4 2028.

Consultation Period:

Stakeholders may submit comments to the WTO until 27 March 2026.

Impact:

The new mandatory classifications will require suppliers to the GB market to update their labels and safety data sheets for these 60 substances. Substances listed in the GB MCL must adopt the mandatory classification and labelling given in the list. For mixtures containing substances included in the GB MCL, mandatory classification criteria must be applied during assessment, unless reliable scientific data on the mixture itself is available to allow classification of the mixture without relying on information about its constituent substances.

For more information on anything in this Newsletter, please contact us at info@chemregs.co.uk

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