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Updated Guidance for Chemicals Regimes post-Brexit

Synopsis

The HSE has published a range of updated guidance on how EU-derived chemicals regimes will operate in Great Britain and Northern Ireland after the end of the post-Brexit transition period.

This has been extended to include details of how chemicals will be traded between Great Britain and Northern Ireland, due to the impacts of the Northern Ireland Protocol that accompanied the EU Withdrawal Agreement.

 
 
 

Summary

Chemicals classification, labelling and packaging (CLP) after the transition period

This guidance concerns the Great Britain Classification, Labelling and Packaging (GB CLP) regime. Existing classification, labelling and packaging requirements under the EU regime will be retained under this system.

From 1 January 2021 businesses supplying Great Britain will be required to deal with the HSE as the GB CLP agency, rather than the European Chemicals Agency (ECHA) as present.

Proposals will need to be made to the HSE for new or updated classification and labelling information from 1 January 2021. For example, this will include chemicals that have not previously been notified under the EU CLP regime.

A scenario table provides actions and key dates businesses manufacturing, supplying and using chemicals should be aware of.

Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) regulation at the end of the transition period

A series of specific guidance is provided on the UK REACH regime that will apply from 1 January 2021. 

Export and import of hazardous chemicals (PIC) after the transition period

Changes to the prior informed consent (PIC) regime for exports of hazardous chemicals from 1 January 2021 are described.

For example, Great British companies exporting listed chemicals to the any location, including the EU and Northern Ireland, will need to notify the export to the HSE at least 35 days before the first export and at least 35 days before every first export to each importing country in each calendar year.

Biocides: What you'll need to do after the transition period ends

A Great British version of the Biocidal Products Regulation (GB BPR) will apply from 1 January 2021. Existing authorisations and approvals from the EU regime will be retained under the GB system, but the supporting information on active substances may need to be resubmitted to the HSE.

Biocidal product authorisation holders will need to be established in the UK (including Northern Ireland) by 1 January 2022 in order to maintain these authorisations in a Great British context.

A scenario table summarises actions businesses will need to take under the GB BPR and the respective dates these will apply from.

Regulating explosives when the transition period ends

Guidance is provided on the requirements to place explosives on the EU, Great Britain and Northern Irish markets from 1 January 2021.

  • Civil explosive goods will continue to require CE marking to place them on the EU market and must continue to receive conformity assessment by a EU-recognised notified body.
  • Goods placed on the Great British market from 1 January 2022 will need to meet UKCA requirements, including marking.

 

 

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