Brexit—chemicals and hazardous substances
Brexit—chemicals and hazardous substances

The following Environment practice note provides comprehensive and up to date legal information covering:

  • Brexit—chemicals and hazardous substances
  • Background
  • Withdrawal from the EU
  • EU Energy and Environment Sub-Committee inquiry into the future of chemicals
  • Environmental Audit Committee report: toxic chemicals in every day life
  • Environmental Audit Committee letter on the UK’s chemicals strategy and the future of chemicals regulation
  • EU Environment Sub-Committee letters
  • Provisions in the Withdrawal Agreement and Political Declaration
  • EU-UK Trade and Co-operation Agreement (TCA)
  • Northern Ireland
  • More...

STOP PRESS: this Practice Note is currently being updated in light of the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc. (EU Exit) Regulations 2020, SI 2020/1567.

Background

Withdrawal from the EU

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

EU Energy and Environment Sub-Committee inquiry into the future of chemicals

The Environmental Audit Committee launched an inquiry into the future of environmental law and policy following the result of the EU referendum, focussing on Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (EU REACH). The EU Energy and Environment Sub-Committee published its report, Brexit: chemicals regulation on 7 November 2018. The report urged urgent action be taken to prepare for the regulation of chemicals after Brexit.

On 16 January 2019, the EU Energy and Environment Sub-Committee also wrote to the Department for Environment,

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