ChemRegs Newsletter – March 2019

HSE EU Exit Event, Chester Racecourse, 7 March 2019

The Health and Safety Executive (HSE) has held another series of one-day stakeholder events across the UK covering EU Exit and its potential impact on the UK’s future chemical regime. These events form part of a programme of information and engagement conducted over the last few months by the government and the HSE.

ChemRegs attended the HSE EU Exit Event at Chester Racecourse on Thursday 7 March 2019.

The HSE events are very factual and information rich events. They are stripped of any opinion or bias,
which is a very welcome contrast from the last two years’ non-stop political news and unobjective punditry by various talking heads. The last couple of years has also seen olympic standard can-kicking on the thorny subject of a Withdrawal Agreement.

The Withdrawal Agreement is not the ultimate point for Brexit, it is merely a tool for creating the ground rules for ‘further discussion’, which may, or may not, lead to trade agreements and form the UK’s future economic partnership (FEP) with the EU.

The rules for chemicals in the final trade agreements that we would like certainty on are many years away. What hopefully will happen in the next week or two is that there will be an agreement on the temporary rules the chemical industry will use in the intervening years between when we leave (the implementation period) and a possible trade deal.

The welcome speech was given by Dr Matt Penrose, Head of Chemicals EU Exit Unit, who outlined the day’s Agenda. He also explained that the point of the day’s event was to cover the latest state of play and give details of what UK companies need to do for the scenarios in place at the current time.

The day included updates and latest information on the following regimes:

• Registration, Evaluation, Authorisation and restriction of Chemicals (REACH)
• Classification Labelling and Packaging (CLP)
• Prior Informed Consent (PIC)
• Biocidal Products Regulation (BPR)
• Plant Protection Products (PPP) (not covered in this Newsletter, contact us for further information if required).

Dave Bench – Director, EU Exit Chemicals, then ‘set the scene’ to lead into the further presentations. He gave an update on the preparations for the EU Exit and who was the lead for what regime from the HSE/Defra/EA/Devolved administrations and Other Government Departments (OGDs).

He also explained how the next week will see three possible votes in Parliament.

The first vote is due to take place on Tuesday 12 March, which will decide if Parliament accepts the Withdrawal Agreement with any possible amendments.

If the Withdrawal Agreement is rejected, then Parliament will decide if it wants to leave without an agreement (No Deal) in the next vote due on Wednesday 13 March Parliament .

If a No Deal vote is rejected, then on Thursday 14 March, Parliament will vote to ask the EU for an extension of Article 50.

If that is rejected, either by the EU or Parliament, then the can-kicking, can-juggling, putting the can on a wall and shooting it with an air rifle, continues indefinitley, with unknown outcomes.

No deal scenario – REACH

Alun Williams from Defra gave a presentation on UK REACH in a no deal scenario.

At the moment it seems the plan is still to use the REACH regime, but if there is no deal, the UK will set up a UK REACH system. The UK will aim to mirror existing systems as far as possible in order to minimise disruption and prioritise stability. However, it is unavoidable that companies will have to deal with both EU and UK systems in parallel.

All the existing REACH laws will be transferred to UK law on exit day, then holders of existing EU registrations will have 120 days to begin the process and two years to complete the transition to the UK REACH system. The registration(s) will be legally recognised in the UK REACH system at the point that the UK leaves the EU. This recognition is called ‘grandfathering’ and will be fee free.

Existing EU authorisations held by UK manufacturers, importers and Only Representatives will be grandfathered into the UK. Authorisation holders will need to provide some data to the HSE.

All existing EU REACH Restrictions will continue to stand in UK REACH.

The UK REACH IT system is being built in a phased approach and has been tested and should be in place from 29th March but will be developed as time goes on. There is much more detailed guidance and scenario tables on HSE website and the ECHA website has updated its guidance on how to stay on the EU Market after UK’s withdrawal.

The format, content and conditions under which Safety Data Sheets are required, as specified in the EU REACH Regulation and the subsequent amendments, will remain the same. This means that Safety Data Sheets created under EU REACH will be valid under UK REACH.

No deal scenario – CLP

Leo McDaid, Team Leader, Chemicals EU Exit Unit, gave a presentation on CLP and PIC. He explained that all existing main duties for classification, labelling and packaging of chemicals will remain the same. The UK will have an independent UK CLP system, but will adopt the UN Globally Harmonised System in the same way as the EU CLP system.

Existing harmonised classifications will remain valid and become UK ‘mandatory classifications’ and be published in a UK mandatory classification and labelling list (of substances). New arrangements will be made for updating the UK mandatory classification and labelling list hosted by HSE. 

All existing notifications will be recognised and companies will interact with HSE for new notifications using a UK IT system.

Companies will use new UK tools such websites, guidance, IT systems etc.

No deal scenario – PIC

Again, as this is based on an international convention (Rotterdam) not a lot will change.

The HSE would continue to act as the Designated National Authority (DNA) and the appropriate Secretary of State and NI Minister would take on decision making responsibility.

The UK will need to develop an alternative to ePIC, but may not have the same degree of IT functionality as ePIC.

Exporters would need to notify via HSE any exports of PIC-listed chemicals to EU member states.

No Deal Scenario – BPR 

Pierre Cruse – Team Leader International Chemicals Unit/Biocides Policy, gave the presentation on BPR.

The aim is to have parallel EU and UK authorisation/approval systems and all existing EU approval and authorisations remain valid.

Phase-in periods would be given to make the transition as smooth as possible for businesses.

A UK base would be needed for UK authorisation and likewise an EU base would be needed for EU authorisation.

The HSE will develop its own system for receiving and processing biocidal product applications, replacing the current EU R4BP3 with a very similar system.

The EU Article 95 list of approved suppliers of approved substances will be transferred to a UK Article 95 list on exit day. Companies will need to submit the supporting dossier or letter of access to the HSE and be established in the UK within 2 years of exit day.

Companies will need to be established in the UK within 1 year of exit day to hold a UK authorisation

The basis for fees will be the same as now (actual cost – daily rate) but there will be no fees for resubmission of data or applications.

Next steps

• Identify the chemicals that you manufacture, sell or use and your regulatory responsibilities with respect to that chemical.
• Understand the action you need to take by referring to the guidance provided on the HSE and government websites.
• Prepare your information, for example to register a chemical.
• Check contingency plans across your supply chain to understand what information you may need to supply to UK agencies, logistics providers, suppliers and customers.
• Watch this space!!!

Further Guidance is available on the HSE EU Exit webpage: http://www.hse.gov.uk/Brexit/ 

Also on the Public Information Campaign: https://euexitbusiness.campaign.gov.uk/ 

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