Draft Affirmative
Laid on: 09 January 2019
The instrument corrects deficiencies in retained EU law relating to the registration, evaluation, authorisation and restriction of chemicals. The instrument ensures that the EU legislation will operate effectively in the domestic context after the UK leaves the EU. It also makes transitional provisions to minimise the disruption to existing supply chains following EU Exit.
Controls on the use of chemicals are set out in Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals and establishing a European Chemicals Agency (“the EU REACH Regulation”). Regulations made under the EU REACH Regulation provide for the fees to be charged, the test methods to be used and rules relating to appeals. Decisions made under the EU REACH Regulation authorise people to use controlled chemicals for particular purposes. The EU REACH Regulation creates a single market mechanism to promote the safe production and use of chemicals to manage potential impacts on human health and the environment. There is a “no data, no market” rule, with industry responsible for providing the European Chemicals Agency (“ECHA”) with data relating to the chemicals they use. Industry is also responsible for managing the risks from their use of chemicals.
The changes made by the instrument are needed to ensure the EU REACH Regulation will work effectively in the domestic context so that the UK has an effective system of chemicals regulation after leaving the EU.
DEFRA organised informal discussions with 23 stakeholders from large and small companies, trade associations representing different stages in the supply chain, non- governmental organisations, professional bodies and scientists in eight meetings between 26 June and 20 July 2018. The EM states that “Devolved Administrations were invited to participate in the informal discussions with stakeholders and subsequently engaged in contributing to the drafting of the statutory instrument”.
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