NEWS RELEASE
Date: 13 March 2007
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Proposals for the UK enforcement of the EU 'REACH' chemicals regulation
A consultation document on the proposals for enforcement of the REACH Regulation in the UK was published today.
REACH, ( R egistration, E valuation and A uthorisation of Ch emicals) was agreed by the European Parliament and the Council of Ministers on 18 December 2006. The Regulation will come into force on 1 June this year. It will form the EU's framework legislation for the management, control and use of chemicals, replacing much of the current patchwork of over 40 pieces of legislation.
The UK is required to have an enforcement and penalties regime in place no later than 1 December 2008.
REACH will apply not only to chemicals manufacturers or suppliers, but to any business which uses chemicals - so a wide range of businesses will be affected by the enforcement arrangements proposed.
Defra and the Devolved Administrations are encouraging industry, trade unions, environmental groups, health and safety professionals and others to comment on the proposals for enforcement.
The aim is that REACH should be effectively enforced in ways which minimise the burden for both businesses and for public authorities.
The consultation document considers who should carry out enforcement of the requirements of REACH; the powers they will need (e.g. to obtain information, carry out inspections, collect evidence, issue enforcement notices etc); and the level and type of penalties for breaches of REACH requirements.
There will now follow a twelve week consultation period. The Government will then consider the responses received in order to inform the development of the national legislation that will supplement REACH to ensure that it can work as intended.
Notes to editors
1. The consultation document can found at www.defra.gov.uk/corporate/consult/climatechange.htm.
2. The closing date for responses is 4 June 2007.
3. On 10 October 2006 it was announced that the Health and Safety Executive (HSE) had been asked to take on the role of UK Competent Authority for REACH. They have set up a helpdesk to support business in the run up to the new Regulation coming into force. The helpdesk can be contacted on 0845 408 9575 or UKREACHCA@hse.gsi.gov.uk.
4. The Government consulted over 400 organisations on the REACH proposals in 2004, these included manufacturing industry, downstream users, distributors, environmental NGOs, animal welfare and consumer groups. The consultation included a partial regulatory impact assessment that estimated the direct cost to industry to be £515m over 11 years. The paper outlined the Commission's proposals and provided details of an initial Government view, the formal Government position was developed following consideration of the results of the consultation.
5. A further regulatory impact assessment was published in 2006, following the adoption of the common position on 27 June. An overview of impact assessments of various countries revealed that the direct costs expressed as a turnover of the chemical industry are about 0.2%.
6. The EU chemicals industry employs around 1.7m people directly plus another 3m indirectly. It generates around £238bn per year, resulting in a trade surplus of around £25bn. In the UK, it is worth £49bn per year with a trade surplus of £4.3bn.
7. Under REACH, manufacturers, importers, distributors and professional users who market or use chemicals must ensure that they are registered with the new European Chemicals Agency in Helsinki, which will oversee the operation of the Regulation throughout the EU. This will require information about the characteristics and hazards, if any, associated with a chemical. Those chemicals that pose a serious hazard may be banned (i.e. restricted), or may be used only following the grant of a specific 'authorisation'.
8. As a European Regulation REACH is part of our law without the need for transposition. However, the Regulation requires that each Member State must set up a system of controls and penalties for breaches of the requirements of the Regulation and take the necessary measures to implement those penalties. Further, Article 126 of the Regulation requires that the penalties that Member States create are 'effective, proportionate and dissuasive'.
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Page published: 13 March 2007