UK-wide guidance

10th November 2018


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Author

Kelly Grimwood

Legislation updates for October 2018.

Regulating biocidal products if there’s no Brexit deal

The Health and Safety Executive (HSE) published a notice to outline the arrangements to regulate chemicals in the event the UK leaves the EU with no agreement in place, with respect to the Biocidal Products Regulation (EU) No 528/2012 (BPR). In summary, companies wishing to apply for an active substance to be approved or for a biocidal product to be authorised in the UK would apply to HSE, instead of ECHA.

Published: 12 October 2018

Classifying, labelling and packaging chemicals if there's no Brexit deal

The Health and Safety Executive (HSE) published a notice to outline the arrangements to regulate chemicals in the event the UK leaves the EU with no agreement in place, with respect to the CLP Regulation (Regulation (EC) No 1272/2008). In short, existing harmonised classification and labelling for named substances or groups of substances would continue to have legal effect in the UK. Once the UK leaves the EU, HSE would have the ability to put in place new arrangements for mandatory classification and labelling. These arrangements would allow new and revised classification and labelling to be proposed, considered in liaison with the devolved authorities and adopted for the UK.

Published: 12 October 2018

Regulating chemicals (REACH) if there’s no Brexit deal

The Department for Environment, Food & Rural Affairs published a notice to outline the arrangements to regulate chemicals in the event the UK leaves the EU with no agreement in place, with respect to REACH. In the event of a no deal, the UK would ensure UK legislation replaces EU legislation via the EU Withdrawal Act, establish a UK regulatory framework and build domestic capacity to deliver the functions currently performed by ECHA. The legislation would preserve REACH as far as possible, while making technical changes that would need to be made because the UK has left the EU.

Published: 12 October 2018

Export and import of hazardous chemicals if there's no Brexit deal

The Health and Safety Executive (HSE) published a notice to outline the arrangements to regulate chemicals in the event the UK leaves the EU with no agreement in place, with respect to the Export and Import of Hazardous Chemicals Regulation (known as the PIC Regulation). After March 2019, if there’s no deal, the UK would establish an independent standalone PIC regime so that the UK can continue to meet its international obligations under the Rotterdam Convention. UK-based companies would no longer have access to ePIC and would need to use the UK’s new system that would be operated by the HSE (as the PIC DNA) to notify exports of listed chemicals from the UK.

Published: 12 October 2018

Regulating pesticides if there’s no Brexit deal

The Department for Environment, Food & Rural Affairs published a notice to outline the arrangements to regulate chemicals in the event the UK leaves the EU with no agreement in place, with respect to pesticides. In a no deal scenario, the UK would establish an independent standalone PPP regime, with all decision making repatriated from the EU to the UK.

Published: 12 October 2018

Control on persistent organic pollutants if there's no Brexit deal

The Department for Environment, Food & Rural Affairs published a notice to outline the arrangements that would come into force to regulate Persistent Organic Pollutants (POPs) if the UK leaves the EU in March 2019 with a no deal. The UK is a party to both the Stockholm Convention and the CLRTAP and, as such, it would be bound by their obligations and retain existing protections. This will not change after leaving the EU. The competent authorities would remain the same as currently.

Published: 12 October 2018

Control on mercury if there's no Brexit deal

The Department for Environment, Food & Rural Affairs published a notice to outline the arrangements that would come into force to regulate mercury and mercury compounds and mixtures, if the UK leaves the EU in March 2019 with no deal. The UK will be leaving the EU customs union, deal or no deal. As a result, business operators should consider that the movement of the above mercury materials, including mercury waste, from the EU to the UK would newly be classified as exports, and therefore prohibited under the current EU Regulation.

Published: 12 October 2018

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