UK: Updates of the UK REACH Regulation

 

After a thorough analysis of the current UK REACH requirements, the UK developed an Alternative Transitional Registration model (ATRm) for UK REACH. The ATRm aims to maintain existing protections for human health and the environment by acquiring better information on the use and exposure of substances in Great Britain, while also reducing the costs for businesses transitioning from EU REACH to UK REACH. The ongoing consultation seeks opinions on the implementation of the policies proposed under ATRm.

Additionally, the consultation will gather feedback on further proposals to improve UK REACH in the short term, focusing on a more efficient restriction and reporting process. These proposals aim to speed up the restriction process, enabling quicker decisions to protect human health and the environment, and to eliminate the need for reports containing redundant information.

Moreover, the consultation seeks input on measures to minimize testing on vertebrate animals for UK REACH purposes, either through legislative changes (extending testing proposal requirements in UK REACH) or non-legislative approaches (guidance support).

Problem Under Consideration and the Need for Government Intervention

The UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Regulation is a key piece of legislation for chemical regulation in Great Britain. It requires substances manufactured in or imported into GB to be registered with the Agency for UK REACH (the Health and Safety Executive (HSE)). Registrations must include information on the hazards, uses, and exposure of the substance, which is used by the HSE for regulatory purposes and by registrants to identify appropriate risk management measures for themselves and other users in the supply chain.

Two primary issues are under consideration in this impact assessment:

1. High Costs of Accessing Hazard Data: The current transitional registration requirements entail significant costs for accessing hazard data while ensuring that protections for human health and the environment are not compromised. The UK government’s impact assessment accompanying the UK REACH Statutory Instrument for extending registration deadlines indicated that the cost to industry of acquiring EU hazard information needed for registering transitional substances could reach approximately £2 billion by 2030. This cost stems from the need for companies operating in Great Britain to negotiate with EU industry consortia to access or purchase data previously provided to the European Chemicals Agency (ECHA) for EU REACH registration. These high costs have raised concerns within the industry that companies may opt not to register, potentially leading to fewer substances being available on the market, significant supply chain disruptions, and reduced competitiveness of the UK sector. In response to these concerns, the government committed in 2021 to alleviate the financial burden associated with obtaining the necessary data. Defra, HSE, and the Environment Agency (EA) were tasked with developing the ATRm to deliver high levels of protection for human health and the environment while reducing costs to the industry.
2. Enhancing UK REACH Processes: The current restriction and reporting models, inherited from EU REACH, were designed for an agency regulating chemicals across multiple EU member states, with risk and socioeconomic opinions tested in separate committees. This structure does not reflect the committee structure and reporting requirements within UK REACH, leading to redundant and duplicative work as the UK agency challenges opinions through a single independent scientific advisory board and produces comprehensive business plans. Following the UK’s exit from the EU, there is an opportunity to review and improve the restriction and reporting processes, making them smarter, more agile, and better suited for Great Britain. Currently, testing proposals (including those involving animals) are only evaluated by the HSE for substances manufactured or imported in quantities of 100 tonnes or more, despite animal testing possibly being conducted by registrants for lower tonnages. This situation makes it difficult to ensure that appropriate alternatives are explored before conducting animal tests.

To find out more about chemical compliance and REACH compliance, please contact the Product Compliance Institute directly.