January 16, 2019 by Rhiannon Smith


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Given the recent turmoil in the UK parliament, do you have questions on Brexit? Yes, so does everyone else and, while nothing has been finalised yet, here is a brief summary of what we have found out so far from the UK HSE and ECHA in case there is a no-deal Brexit…

If the UK leave without a deal, EU legislation would be replaced by UK legislation and existing standards of protection to human health and the environment would be maintained but the UK would not be legally committed to medium or long-term regulatory alignment. The UK Health and Safety Executive (HSE) would take over the functions currently performed by the European Chemicals Agency (ECHA), with regulatory and enforcement capacity from HSE and the Environment Agency (EA), while the Department for Food and Rural Affairs (Defra) would undertake all policy functions.

If companies wish to place chemicals on both the EU and UK markets, they will have to comply with both EU-REACH and UK-REACH. All submissions for UK-REACH will be through UK-REACH IT, which will “be operable from 29 March 2019”. UK-REACH will include “a similar pre-registration substance inquiry system” to EU-REACH and UK-REACH registrations will require the same IUCLID technical dossier format as EU-REACH, for the relevant tonnage bands on the UK market, though new registrations will not be phased-in by tonnage bands. The ECHA Fees regulation will be applied to UK-REACH (the fees will be similar to those currently charged by ECHA using the average exchange rate for 2017) and similar provisions on data sharing and test cost sharing will also be reflected in the UK REACH Regulation.

A summary of the current timetable in case of a no-deal Brexit is available here.