“UK REACH proposal demands industry examination and input, or issues may go unresolved,” says TSG Consulting

KNARESBOROUGH, UK -  June 24, 2024: TSG Consulting is urging companies to ascertain how key elements of the newly proposed changes to UK REACH, including the alternative transitional registration model (ATRm), might impact their business before the public consultation closes in July.

Regulatory experts and technical specialists at the consultancy closely examined the proposal and held a roundtable to discuss its implications. While the approach outlined for GB registration of chemicals already registered in the EU has largely been welcomed by industry, TSG highlights important dependencies and uncertainties that, unchecked, could have important repercussions. The consultancy describes these issues as ‘amber flags’ which could prove problematic down the line and warrant careful consideration.

Sue Bullock, who heads up the Chemical Compliance, Stewardship and Sustainability division at TSG, applauds the ambition of the UK REACH proposal as a risk-based, GB-focused instrument. However, she says practical aspects of it will need to be discussed and resolved during the consultation period, as is the process for emerging legislation.

“Several matters relate to finer details surrounding the proposed shift in emphasis from hazard to risk,” Bullock explains. “These include the requirement to provide enhanced information on use of chemicals further down the supply chain. Registrants may find it difficult to obtain the additional use and exposure data, and it’s not yet clear how aspects of GB REACH will function without access to hazard data.”

Richard Bishop, Operations Director and Principal Consultant at TSG, formerly worked at the Health and Safety Executive (HSE) as Head of Enforcement for the Chemicals Regulation Division. He believes the proposed new transitional arrangements will bring new complexities:

“Allowing registrants to lean on existing hazard classifications submitted under EU REACH could present challenges due to post-Brexit divergence. The EU now recognises important new hazard classes, covering serious impacts on human health and on the environment, which aren’t currently replicated in the UK. A greater focus on risk will be undermined if underlying hazards aren’t fully recognised. It’s also unclear how the UK can rely on EU classifications if the systems for classification aren’t the same.”

TSG has published a paper detailing the amber flags identified by its consultants. Four amber flags and an opportunity | The UK REACH consultation on the alternative transitional registration model (ATRm) explores the three-level hazard system that has been proposed and looks at wider factors, such as how values for predicted no-effect concentration (PNEC) and derived no-effect level (DNEL) would be used to indicate risk. Gaps and grey areas surrounding exposure and use information are also covered, as well as implications for joint submissions.

With the public consultation on UK REACH ATR(m) open until 25 July 2024, Bullock advises companies to consider the issues in relation to their own business context and circumstances:

“Right-shaping REACH for the UK is a sound move, and it’s an opportunity to facilitate quicker, smarter decision making to protect human health and the environment. But REACH is a notoriously complex piece of legislation, so there are inevitably areas of ambiguity and potential repercussions which could be detrimental to registrants. Industry leadership and vision have a critical role to play here. The sector needs to pay attention and be proactive to seize this opportunity to improve the chemicals regime in the UK.”

TSG’s paper on the UK REACH ATR(m) consultation is available to download free of charge below.