REGULATION & COMPLIANCE
are expected to take a more granular approach both in product type and substance range to these substances . Most of the delays and reasons for divergence in process are due to differences in resourcing levels , and the aim of the UK authorities to try and simplify the process so that it is more effective in the single market
REACH : It ’ s all about the money
The aspect of REACH causing the most concern and therefore producing the greatest amount of debate is that of substance registration . As Brexit was in progress , existing suppliers of chemical products to the GB market were encouraged to undertake a downstream user import notification ( DUIN ), which would allow them to keep their products on the market until the relevant UK REACH deadline , at which point they will either have to register the substance , purchase it from a GB supplier , or remove it from the market .
The first of the tonnage deadlines for registration is looming in October 2026 , and the costs involved in the registration process is worrying industry , with many considering if it will be financially worthwhile to continue supplying the GB market .
In June 2024 , the UK released a consultation ( ATRm ) that attempted to address these cost concerns , but there are significant legal questions over how data was to be obtained and since then the UK has undergone a change of government , which means the question as to whether this will go ahead remains in place . Any results from this consultation have now been pushed back into 2025 , and industry is calling for the registration deadlines to be pushed back too , so that it will have the time needed to make any necessary adaptations .
Unless the cost of substance registration can be reduced in GB , the GB chemical market could face significant future challenges , as fewer existing substances may become available , and new safer alternative substances may never reach the market at all , due to financial viability . This would be similar to what is currently being seen in the biocidal products market , where the cost of substance approval is resulting in many substances no longer being available for product types where there is not a sufficient financial incentive .
Conclusion
Since Brexit , the laws covering the use and supply of chemicals and chemical products within GB and the EU have slowly diverged . Whilst some of these changes in the EU will eventually be adopted into GB law , the rate at which these changes occur will always be significantly slower due to the limited resources available . It has also become clear that the UK authorities are using the opportunity given to them to diverge from the EU where they feel it is beneficial for them to do so .
All of this has a net impact on industry , as suppliers to one market often also place products in the other ( in particular GB and NI ). These divergences have meant increased costs due to duplicating processes such as registrations , but also because paperwork must now be assessed separately .
There is no longer the assumption that what is acceptable in one region is acceptable in the other . Unfortunately , unless the GB authorities decide to realign again with the EU completely , only this time without a seat at the decisionmaking table , this situation is only going to become more exaggerated over time . ●
Eleanor Grimes
REGULATORY SPECIALIST
LISAM SYSTEMS
J j eleanor . grimes @ lisam . com www . lisam . com
50 SPECIALITY CHEMICALS MAGAZINE ESTABLISHED 1981