UK REACH Rules Still Threaten UK-EU Chemicals Trade

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The Alliance of Chemical Associations (ACA) has raised a red flag regarding the UK Government's recent response to the consultation on the UK REACH Alternative Transitional Registration model (ATRm). They emphasize that simply aligning with EU bans, authorizations, and restrictions won't cut it when it comes to ensuring smooth UK-EU chemicals trade.

After nearly five years of discussions, debates, and delays, the ACA feels that the latest government response leaves the chemicals industry grappling with extra regulatory costs, persistent hurdles in getting new products into the Great Britain market, and ongoing uncertainty about future data requirements.

While the Government has decided against implementing the additional use and exposure information requirements that were initially proposed in the ATRm consultation—a move that the ACA welcomes—companies will still need to provide certain hazard, use, and exposure data. In some cases, they’ll also have to submit chemical safety assessments and reports. These submissions will be organized into substance groups to promote data sharing and joint registration.

The Government continues to uphold the “no data, no market” principle, which the ACA argues overlooks the fact that a lot of the necessary hazard, use, and exposure information is already publicly available through the European Chemicals Agency (ECHA) database and substance safety data sheets.

The issue of duplicate registration costs remains a significant worry. The ACA insists that requiring extensive data submissions for substances already registered under EU REACH doesn’t add any real value to human health or environmental protection, especially since Great Britain is generally set to align with EU decisions on chemical bans, authorizations, and restrictions, barring exceptional cases.

According to the ACA, the UK chemicals industry might still be looking at a hefty data collection and administrative task that could exceed £500 million. Unfortunately, this financial strain is likely to trickle down to businesses across the chemicals sector and the broader manufacturing supply chains.

The association has raised concerns about the logic behind establishing a separate UK chemicals database that could cover around 20,000 substances already registered under EU REACH before the EU Exit Transition Period wrapped up. They argue that if the UK plans to align with EU regulatory decisions, it’s unclear how any extra information gathered through a separate registration system would actually be utilized.

Impact on innovation and investment

The ACA has also cautioned that the ongoing need for duplicate registrations in both the UK and EU for new or innovative chemicals registered in the EU since the end of the EU Exit Transition Period could undermine the UK’s appeal as a hub for research, innovation, investment, and scaling up industrial operations.

The organization believes a more effective path forward would be for the UK to acknowledge all EU REACH registrations, which aligns with its broader goal of harmonizing with EU chemicals regulations. The ACA contends that this approach would bolster competitiveness, foster innovation, secure supply chains, and uphold the same high standards of health and environmental protection as the EU, all without needing the EU's approval.

UK authorities could still keep an eye on substances entering the Great Britain market by implementing a notification system that requires businesses to share information about the substances they bring to market and the quantities involved. The ACA suggests that this could also meet the UK REACH principle of “no data, no market.”

Impact on innovation and investment

Under the ATRm, businesses will still need to submit UK-specific registrations, even if those substances have already been registered under EU REACH. While the updated data requirements ease some of the hazard information obligations and keep the current use and exposure requirements in place, they don’t eliminate the need for a parallel UK registration system or the extra administrative work that comes with it.

The upcoming registration deadlines are likely to put even more pressure on businesses, as the implementation periods have been shortened to just 12 months instead of the previously expected 24 months. The deadlines are set for 27 October 2029, 27 October 2030, and 27 October 2031.

Additionally, the Government has yet to clarify whether publicly available data can be utilized for UK REACH registrations without needing consent from the data owners. The ACA has raised concerns that without prompt clarification, the ATRm might not achieve the cost reductions that were hoped for.

Moreover, new chemicals registered under EU REACH after the EU Exit Transition Period will still have to meet the full UK registration requirements, which includes generating hazard data that could involve animal testing. The ACA warns that this could lead to higher costs, delays in accessing innovative and specialized chemicals in the UK, and ultimately make the country less appealing for investment and innovation.

The Chemical Business Association (CBA) is part of the Alliance of Chemical Associations (ACA).