The Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation plays a crucial role in safeguarding human health and the environment from the potential risks posed by chemicals. While the core principles remain similar, UK REACH and EU REACH have become distinct entities.
A Fork in the Road: Legislative Independence
With Brexit, the UK adopted a standalone system – UK REACH – mirroring the EU framework with necessary adjustments. This established a parallel system, with both regulations functioning independently.
In June 2023, RPA completed work in partnership with Defra and UK government departments and agencies on an evaluation of the early transition from EU REACH to UK REACH.
The work involved a detailed review of the UK regulations and processes involved in UK REACH and the transition. This included a survey of companies involved with the transition measures and subject to future UK REACH registration, as well as in-depth interviews with authorities, companies, industry associations and NGOs to gain their perspective and experience of the transition.
RPA is also involved in an active study for the UK Department for Business & Trade, which assesses the market access impacts on UK chemical exporters as a result of divergence between the UK and EU REACH over time. Relevant considerations include market access barriers, market competitiveness, supply chain disruption, regulatory compliance, preparation and adaption, and long-term strategic planning. Where possible and appropriate, supporting mitigating efforts to reduce any impacts on UK chemical exporters will be explored.
The Devil’s in the Details: Alignment vs Divergence
While UK REACH retains the core structure of EU REACH, there are subtle variations:
- Regulatory Agency:
- EU REACH – Managed by the European Chemicals Agency (ECHA)
- UK REACH – Governed by the Health and Safety Executive (HSE)
- Data Sharing:
- EU REACH – Shares data across the EU through a central database
- UK REACH – No longer has automatic access to the EU database. Companies may need to submit data separately to ECHA for the EU market
- Alignment with Environmental Plans:
- EU REACH – Focuses on meeting the general REACH goals
- UK REACH – Aligns with the UK’s environmental plans, prioritising phasing out harmful chemicals and promoting sustainable alternatives
Overall, the core functionalities are similar, but the UK REACH administration and some data handling processes differ.
The Northern Ireland Conundrum
The Northern Ireland Protocol adds another layer of complexity. EU REACH continues to apply in Northern Ireland, creating a dual regulatory system for businesses operating there. This necessitates compliance with both regulations for chemicals placed on the Northern Ireland market.
A Moving Landscape: The Future of UK REACH
The UK government is still developing its UK REACH program. The future pace of regulatory action and potential divergence from the EU framework remain to be seen.
On the 9 November 2023, the UK government proposed an Alternative Transitional Registration model (ATRm), which aimed to address the chemical industry’s concerns about the substantial costs of accessing EU data packages for UK transitional registrations. The model aimed to alleviate the financial burden on businesses while upholding the nation’s commitment to safety and environmental standards.
The development marked a pivotal moment for the UK chemical industry, signalling a move towards a more efficient and cost-effective regulatory framework that does not compromise on safety or environmental protection.
Beyond the Bureaucracy: Potential Impacts
The potential consequences facing the UK chemical industry, following the creation of UK REACH, are still being measured. However, the increased administrative burden now placed on businesses which operate in both the UK and EU could prove restrictive with double the paperwork required for compliance.
This could also manifest in disruptions to supply chains where divergent regulations could create hurdles for the free movement of chemicals between the UK and EU. While the recent proposed ATRm will help to streamline the process of chemical regulation and reduce the overall cost to the industry, it is too early to measure how the added bureaucracy has affected the relationship between the UK and EU chemical industry.
Conclusion: A Balancing Act
The UK and EU’s REACH policies share a common goal – protecting human health and the environment. However, the path towards achieving this objective has started to diverge. Businesses and policymakers alike will need to navigate this evolving landscape to ensure a smooth transition and continued high standards of chemical safety.
RPA is constantly monitoring UK and EU regulatory developments and offers bespoke services to assist in regulatory and environmental policy. We have worked with both the HSE and ECHA so can support you and your organisation with understanding and implementing any future regulatory needs.
Contact us for more information, or email our expert Chemicals team at chemicals@rpaltd.co.uk, and to see how RPA can help your business.