DEFRA Launches Consultation on Proposal to Introduce Alternative Transitional Registration Model for UK-REACH

The UK Department for Environment, Food and Rural Affairs (DEFRA) published a consultation on 6 May 2024 on proposals to amend the current transitional provisions under UK REACH by introducing an Alternative Transitional Registration model (ATRm). This initiative aims to reduce costs for companies transitioning from the EU REACH system to the UK REACH system, while maintaining existing protections for human health and the environment. The consultation will run for 8 weeks and will close on 11 July 2024.

Proposals for the Alternative Transitional Registration Model

DEFRA, in collaboration with the Health and Safety Executive (HSE) and the Environment Agency (EA), has developed the Alternative Transitional Registration model (ATRm) for UK REACH. This model aims to maintain current health and environmental protections by improving the quality of information on substance use and exposure in Great Britain. The ATRm aims to reduce business costs through a number of specific measures as follows:

Hazard requirements:

• Significantly reduce the hazard information required in registrations for transitional substances.

• Apply these revised hazard requirements to substances on the market before the end of the Exit Implementation Period.

• Maintain full hazard information requirements for new substances placed on the market after this date.

Use and exposure information:

• Improve the level of detail required on the use and exposure of substances in Great Britain.

Chemical Safety Reports:

• Propose reduced hazard requirements in Chemical Safety Reports (CSRs) for substances manufactured or imported in quantities above 10 tonnes per year.

Transitional evaluations:

• Allow the regulatory agency (HSE) to request and receive data from registrants for regulatory or risk prioritization purposes to respond to new or emerging risks.

Compliance checks:

• Conduct compliance checks on at least 20% of registrations.

• Focus on specific uses, exposures or other parameters to ensure compliance with hazard and new use and exposure information requirements.

Publication of data:

• Review and revise the “hazard data” included in the Public Register for substances under the ATRm.

Substance groups, data sharing, and joint data submission:

• Organize registrants of the same substance into Substance Groups for data sharing and joint submission of intrinsic properties, including hazard classifications.

• Formalize practical arrangements already in place under the EU-REACH registration process.

Stakeholder feedback on these detailed proposals is being sought in order to refine and implement these changes effectively. Further details of the ATRm policy proposals and the corresponding consultation questions can be found in the consultation document.

Improving UK-REACH restriction and reporting processes and protection against animal testing

In addition to the ATRm, the consultation also addresses potential improvements to the UK-REACH restriction and reporting processes. Proposals include streamlining the statutory consultation requirements to speed up decision-making and reducing the administrative burden on the regulatory agency. Specific measures are also proposed to further protect against unnecessary animal testing, either through legislation or supporting guidance. These measures will reinforce the principle of animal testing as a last resort, ensuring that such tests are only used when absolutely necessary.

Consultation and Legislative Process

This consultation provides an opportunity for stakeholders to express their views on significant policy changes. The feedback will be used to develop the legislative changes needed to implement these proposals. This initial consultation, will be followed by a second round, supported by a Statutory Instrument and a comprehensive impact assessment. This process is part of a wider effort to ensure that UK-REACH remains effective and aligned with the objectives set out in the Environment Act 2021. Before or alongside the second consultation, the Government will publish an explanation of why the proposed regulations are consistent with Article 1 of UK REACH, ensuring transparency and alignment with legislative standards.

Background and context

Since leaving the EU, the UK has established its own independent chemicals management system, including UK-REACH. This system retains the basic approach and key principles of the EU-REACH Regulation and aims to ensure a high level of protection for human health and the environment. Companies have been given a transitional period to submit their data to the HSE, but the high cost of purchasing or accessing EU hazard data has raised concerns about the potential impact on the availability of substances on the Great Britain market. The Government’s proposals, including the ATRm, aim to address these issues by reducing costs and maintaining regulatory protection.

More information is available in the consultation document: UK REACH Consultation 2024.