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Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment Etc.) (EU Exit) Regulations 2019

Synopsis

This regulation may set up UK-only systems to continue the classification and labelling regime under the Classification, Labelling and Packaging (CLP) Regulation.

This regime will only apply if the UK leaves the EU without a deal or with a deal that does not involve continued cooperation with ECHA.

Classification and labelling requirements would continue to follow the UN Globally Hazarmonised System (GHS) format.

 
 
 

Summary

The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 will amend the  Classification, Labelling and Packaging of substances and mixtures (CLP) Regulation (EC) No 1272/2008 in the event the UK leaves the EU without a deal.

The 2019 regulations would come into force on Exit Day.

What would be amended?

No Deal Brexit and the Classification, Labelling and Packaging (CLP) Regime

In the event of a no deal Brexit, the HSE would implement a UK Classification, Labelling and Packaging system. UK notification and classification and labelling databases would be established.

Classification and labelling requirements in the UK will continue to follow the UN Globally Harmonised System (GHS) format, as applied under the CLP Regulation.

Chemicals already included in ECHA’s classification and labelling inventory would not need to be re-classified or notified to the HSE to place them on the UK market.

New Chemicals

UK-based manufacturers and importers of new chemicals would be required to notify classification and labelling information to the HSE. Updated notifications would also need to be submitted should chemical classifications change after Exit Day.

The HSE will charge fees to process this information.

Access to the EU Market

UK manufacturers would need to identify an EU/EEA Member State to place their chemicals on the market.

Fees

The Health and Safety and Nuclear (Fees) Regulations 2016 will be amended to add fees payable under the CLP Regulation.

GUIDANCE

The HSE has published no-deal scenario guidance for the CLP Regulation.

 

 

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