UK chemicals bodies moot 'mutual agreement' on authorisation

MPs hear industry thoughts about Brexit effect on chemicals policy

The UK could seek a 'mutual agreement' with the EU to mirror elements of the REACH authorisation process in UK law, national chemical trade bodies told a UK parliamentary inquiry.

During an evidence session on 21 February with the House of Commons Environmental Audit Committee, Chemical Industries Association (CIA) chemicals policy director, Nishma Patel, said devising such an agreement would be difficult but if, for example, the EU were to ban or restrict a specific substance, “the UK may decide to recognise that and do something similar if it is in the national interest”.

Alternatively the country could adopt an approach based on its national priorities, Ms Patel told MPs. And if the UK does something similar, the EU could consider it – possibly resulting in “a mutual-recognition type of model that could work” if both parties agree.

MPs also heard that a divorce from REACH could bring opportunities for UK businesses. Susanne Baker, from techUK, said a small number of companies “see the benefits” of diverging from REACH because of complexities around authorisation. It might allow a “more pragmatic approach” in managing risks of certain substances in the manufacturing process, she said.

Certain substances are subject to sunset dates, after which they cannot be used unless authorised by Echa and the Commission. Ms Baker said techUK has asked the UK environment ministry whether they will still apply after the UK has left the EU.

Registration 'agreement'

On the issue of REACH registration, said Ms Patel, the CIA is looking at a model of mutual recognition between a UK-REACH system and EU REACH whereby data requirements for registration dossiers would essentially be similar or identical.

This would mean "one registration would cover you for UK and EU manufacturing and supply, because many of our companies are not only based in the UK but have counterparts in the EU".

The Chemical Business Association’s technical director, Douglas Leech, told the inquiry that mutual agreement is a “likely possibility” if the UK and member states see benefits, but the “critical factor” will be getting that recognition in place.

Addressing risk

The CIA has previously said that Brexit could mean more risk-based chemicals regulation for the UK, but Ms Patel told MPs that a true mirroring would not be possible without “enshrining” the precautionary principle in UK legislation.

"REACH has both hazard and risk elements, and, by no means, am I saying that we stray from those hazard-based elements." Without basic hazard information and intrinsic information on chemicals, essentially there is no market, she said.

The UK could take a "different approach" on zero-exposure in manufacturing, she said, and look at the hazards of the chemical and if entire containment is required, or if there is sufficient work being done to minimise exposure.

Often, said Mr Leech, during EU discussions the UK has “had to push” for risk management options instead of a blanket proposal for a ban. The UK has "championed" this process and it has asked if there is “a better way” if, for example, the substance in question is vital to global manufacturing.