UK reach

Deadlines for submitting data about chemicals in the UK, post-Brexit, are to be extended by three years

On 29 November 2022, the UK’s Department for Environment, Food & Rural Affairs (Defra) published its response to the public consultation on the extension of the deadlines for registration under UK REACH (Registration, Evaluation and Authorisation of Chemicals) regulations.

The consultation, which closed in September, saw an overwhelming majority of respondents (82%), mainly consisting of businesses and industry members, vote for the option to extend all current submission deadlines, of each tonnage band, by three years to October 2026, October 2028 and October 2030.

The deadlines for registration (depending on tonnage and hazard profile of the substance) were:

  • 27 October 2023 for substances included on the EU REACH candidate list before UK REACH came into effect; substances that are carcinogenic, mutagenic or toxic for reproduction and manufactured or imported in quantities of 1 tonne a year or more; substances that are very toxic to aquatic life and manufactured or imported in quantities of 100 tonnes or more a year; and all substances manufactured or imported in quantities of 1,000 tonnes or more a year;
  • 27 October 2025 for substances added to the UK REACH candidate list before the 2023 submission deadline; and all substances manufactured or imported in quantities of 100 tonnes or more a year;
  • 27 October 2027 for all substances manufactured or imported in quantities of 1 tonne or more a year.

Subject to the consent of the Scottish and Welsh governments, Defra’s next step will be to introduce a Statutory Instrument to amend the deadlines that are currently in place and give effect to the new deadlines resulting from the public consultation.

 

READ THE GOVERNMENT RESPONSE

 

BACKGROUND

The UK REACH Regulation is one of the main pieces of legislation for the regulation of chemical substances in Great Britain (EU REACH continues to apply in Northern Ireland).

After leaving the EU, all substances manufactured in or imported to England, Scotland and Wales must be registered with the HSE (Health & Safety Executive), which is the agency for UK REACH.

Registrations include information on the hazards, uses and exposure of the substance.  Registration information is used by HSE for regulatory purposes and by the registrants to identify appropriate risk management measures for themselves and other users down the supply chain.

In response to concerns raised by interested parties regarding the high cost of acquiring the data to complete their registrations, the government worked with stakeholders to explore an alternative transitional registration model.  The aim of this model is to reduce costs to businesses of transitioning from EU REACH to UK REACH, whilst maintaining existing human health and environment protections, and so a consultation was launched with stakeholders.

Extending the deadlines will reduce the likelihood of companies making pointless investments in complying with current deadlines and data requirements and will allow them time to plan their business decisions in relation to the extended deadlines.


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