Detergents

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By Judith Russell, Managing Director, Eurofins Product Testing UK

March 1, 2021

Brexit Impact on Detergents, CLP, REACH

The EU Detergent regulation is the retained law in GB.

To correct deficiencies and to ensure effective operation of the law, Regulation (EC) No 648/2004 (as amended) has been amended by;

The Detergents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/672)
The Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/671)
The Detergents (Amendment) (EU Exit) Regulations 2020 (Draft S.I.)
Detergents placed on the GB market must comply with the UK Regulation;
The competent authority is the Health and Safety Executive (HSE).
Detergents placed on the NI market must comply with the EU Regulation.
The competent authority is the Department of Agriculture, Environment and Rural Affairs (DAERA).
Note: Divergence could follow with future revisions to the UK legislation.

Some key points related to Brexit:

There is no transition period however a detergent placed on the market in either UK or EU before 1st January 2021 may circulate between these two markets until it reaches its end user.
Name, full address and telephone number of the party responsible for placing the product on the GB market must be on the label.
GB-based distributors that are currently supplied from the EU/EEA will become importers and will be obliged to undertake the full duties of an importer if these supply arrangements continue.

GB CLP Regulation

The EU CLP Regulation is the retained law in GB.

To correct deficiencies and to ensure effective operation of the law, Regulation (EC) No 1272/2008 (as amended) has been amended by;

The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 No. 720 as amended by;
The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020
Chemicals (substances or mixtures) placed on the GB market must comply with the UK Regulation;
Chemicals (substances or mixtures) placed on the NI market must comply with the EU Regulation.
Note: Divergence could follow with future revisions to the UK legislation.

UK REACH

The EU REACH Regulation has been brought into UK law.

To correct deficiencies and to ensure effective operation of the law, Regulation (EC) No 1907/2006 (as amended) has been amended by;

The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020
Chemicals (substances or mixtures) placed on the GB market must comply with the UK Regulation;
Chemicals (substances or mixtures) placed on the NI market must comply with the EU Regulation.
Note: Divergence could follow with future revisions to the UK legislation.

Some key points related to Brexit:

Grandfathering

Previous EU REACH registrations will be ‘grandfathered’ over to UK REACH. The registrant needs to complete the process through the HSE (Health and Safety Executive) by 30/04/21

Tonnage band deadlines

EU market access for GB business

GB-based business previously registered with EU REACH cannot sell on EEA market unless they have their registrations transferred to an EU or EEA-based organisation.
OR (Authorised Representative) needs to be appointed to assume obligations under EU REACH.
They will need valid UK REACH registration to maintain access to the GB market (see grandfathering).

Importing from the EU to GB

EU or EEA based business who import chemicals into GB must ensure that they are covered by a valid UK REACH registration (see grandfathering).
They can register substances under UK REACH either through a GB-based OR or an affiliate GB importer.

For more detailed information about REACH and other chemical regulations, check the section Brexit impact on consumer product regulations / Chemical substances >>