SIMON TILLING
Burges Salmon LLP, One Glass Wharf, Bristol, United Kingdom

Abstract

Disentangling UK chemicals regulation from EU REACH on the UK’s exit from the EU is a complex and difficult task.
The UK government needs to devote resource to answering the questions that are raised so that the chemicals industry can plan for the future.

INTRODUCTION

The UK’s exit from the European Union in March 2019 (widely referred to as “Brexit”) and the relationship that will exist between the UK and the EU after exit is a matter of permanent discussion and commentary within the UK, but for the chemicals industry the issues raised are particularly acute.  The UK government’s stated position, embodied in the European Union (Withdrawal) Bill (the “Bill”), is that following Brexit, existing European Union law will be converted to UK law.  However, for the chemicals industry, that vague sentiment is not enough, as the UK’s Parliamentary Environmental Audit Committee (EAC) has repeatedly made clear.  The real position is far more complicated.  Difficult decisions are needed from UK government, and soon, so that the chemicals industry in the UK, in the EU, and elsewhere in the World, can prepare.

THE CURRENT STATUS

The Bill

According to the UK government, the Bill will provide the “maximum possible certainty and continuity” to businesses in the UK, such that those businesses can have confidence that they will not be subject to unexpected changes o ...