CBA PUBLISHES PLAN TO MAKE UK REACH WORKABLE
24 June 2019
24 June 2019
The Chemical Business Association (CBA) has proposed a solution that will make UK REACH workable by solving the crucial issue of access to testing data. It would also ensure that UK companies have continued frictionless access to the EU market post-Brexit as well as EU companies enjoying a similar level of access to the UK Market.
The Department for the Environment, Food and Rural Affairs (Defra) is considering CBA’s proposal.
CBA has suggested that European Substance Information Exchange Forums (SIEFs) currently holding the majority of chemical test data supporting EU REACH registrations are allowed to submit a full registration dossier to the Health & Safety Executive (HSE). This would apply equally to lead registrants and SIEFs whether they are based in the EU or the UK. CBA has proposed that this process would be free of charge to the registrant.
“Our proposal solves two problems simultaneously, said Peter Newport, CBA’s Chief Executive. “It means companies registering substances under UK REACH, almost all of which do not own or have access to testing data, can rely on the same testing data that supports their EU REACH registrations. It also means that the IT system’s data content underpinning both the UK and EU regulatory systems are identical therefore ensuring continued and consistent high standards of chemical safety.”
Under the CBA proposal, SIEF participants in the UK holding valid EU REACH registrations would be able to negotiate an extension to their current ‘Letter of Access’ to cover the UK regime.
New UK REACH registrants would notify the HSE and be directed to the European SIEF to obtain access to the data package in the same way as EU REACH currently operates. If a European SIEF elected to perform new tests or gather further data, they would then update both ECHA (EU REACH) and HSE (UK REACH), so ensuring future consistency.”
Peter Newport, said, “A further benefit of this approach is that the UK should be able to complete the registrations for the substances within the two-year timescale proposed by the Government. This timescale is impractical without adopting a solution of this kind.”
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Further information from:
Peter Newport, Chief Executive
NOTES TO EDITORS
(1) TECHNICAL NOTE – In the event of a No-Deal Brexit or if the UK is unable to secure continued access to the ECHA substance database, the translation of EU REACH into the UK REACH system will require a large volume of chemical test data to be submitted to the Health and Safety Executive’s (HSE) IT system.
The ‘One substance, One Registration’ principle was enshrined in the regulatory text of EU REACH from the outset to reduce unnecessary animal testing and testing duplication.
Substance Information Exchange Forums (SIEFs) were formed when entities pre-registered their substance(s) under (EC) 1907/2006 Articles 29 & 30. SIEFs operate to share new data, handle new registrants as part of the enquiry system, and arrange for new testing to be undertaken as part of the EU evaluation process. They allow for competing organisations to share sensitive information without risking a breach of competition law.
As the UK will not be facilitating the formation of UK SIEFs to share data, a solution is required to ensure that the UK REACH regulations do not over-burden UK and EU industry alike, and avoid unnecessary duplicate testing of substances, especially those involving animals.
(2) CBA represents the independent chemical supply chain. Its membership includes distributors, traders, warehouse operators, along with logistics and transport companies. CBA’s members, the majority of which are SMEs, are the main industry interface with thousands of UK downstream chemical users. They employ more than 8,700 people distributing, packing, and blending over 4 million tonnes of chemicals each year with a market value of almost three billion euros. In addition, CBA’s logistics member companies handle more than four million tonnes of chemicals annually.