From 1st January 2021 there will be GB statutory instruments covering England, Scotland and Wales for aerosol dispensers, REACH, CLP, cosmetics, biocides, and other product types all of which are sold in aerosol formats.

All companies (including importers) need to ensure that they meet the GB regulations relevant to the aerosol that they supply to the GB Market.

 

UK REACH

• From 1st January 2021 the UK will implement its own version of REACH in Great Britain, it will work in a very similar way to EU REACH, but the two regimes will not be linked.


• Manufacturers or importers of chemicals into Great Britain will need to comply with UK REACH. Northern Ireland will remain part of EU REACH.


• UK REACH will come into force from 1st January 2021, it will be administered by the Health and Safety Executive. Manufacturers or importers of chemicals in Great Britain, will need to be Registered their chemicals under UK REACH.


• GB companies who hold EU REACH registrations will have 120 days to tell HSE if they intend to also register (grandfather) their chemicals under UK REACH.


• Downstream users (e.g. formulators) who source chemicals from an EU Member State will become an importer into GB and will have 300 days to decide if they will need to register the chemicals under UK REACH or to find a supplier with a UK REACH Registration.


• There is then a staged registration process ranging from 2 to 6 years depending upon the hazardous properties of the chemical and the tonnages manufactured or imported.


• Companies are advised to open an account on the new UK REACH IT system called ‘Comply with UK REACH’.


• For more information visit:
www.gov.uk/guidance/how-to-comply-with-reach-chemical-regulations
www.hse.gov.uk/brexit/reach-guidance.htm


EU REACH


• For companies who export filled aerosols to the EU, their customers in the EU will become the importer and have to take responsibility for registration of the chemicals used in the aerosol dispensers they purchase and, unless the chemicals are already registered to EU REACH, register them.


• Companies that sell directly into the EU will need to create an EU entity or find someone who will act as the EU importer and, unless the chemicals are already registered to EU REACH, register them.


• Registration to EU REACH made though UK based entities will disappear so these will need to be transferred to an entity in one of the EU Member States, downstream users will need to check the registrations of the chemicals used.


• For more information see https://echa.europa.eu/advice-to-companies-q-as/reach

 

GB CLP


• From 1st January 2021 the UK will implement its own version of regulations on the classification labelling and packaging of chemical substances and mixtures for England, Scotland and Wales. GB CLP will initially follow E CLP but going forward, because the UK is an active member of the UN sub-committee writing the GHS it will be aligned directly to the UN GHS. This may lead to some divergences from EUCLP through guidance rather than regulation as UK authorities may choose to interpret the GHS in a different way to the EU regulator.


• One initial difference is that for GB the current voluntary Poison Centre notification system will continue and there will be no requirement to apply UFI codes to CLP aerosols. The presence of a UFI code on an aerosol is acceptable for sales in GB as it will have no relevance for UK enforcement authorities.

For more information see www.hse.gov.uk/brexit/clp.htm


EU CLP


• In the same way as for EU REACH, for companies who export filled aerosols to the EU their customers in the EU will become the importer and have to take responsibility for complying with EU CLP. It will be necessary to provide them with all of the information needed to discharge these responsibilities.


• Selling aerosols directly on the EU market will only be allowed if a legal entity is created to act as the importer. An advantage of creating an EU legal entity is that it can then be used to create a UFI code and be the conduit to submit information to those National Poison Centres not using the ECHA Poison Centre Notification portal.


• For more information see https://echa.europa.eu/advice-to-companies-q-as/clp


• Because Northern Ireland will be following EUCLP, a UFI code and Poison centre Notification will be needed. Notification via the ECHA Poison Centre Notification is recommended as it is still unclear how the system will work in Northern Ireland. For more information see www.hse.gov.uk/brexit/clp-ni.htm


Cosmetic Products


• From 1st January 2021 Cosmetic Products will be covered by a GB statutory instrument, this means that all cosmetic products sold in the UK must be registered through the UK Cosmetic Products Notification Portal (CPNP) and there must be a registered Responsible Person (RP) based in the UK. This will apply to UK manufacturers but also to those who import cosmetic products from the EU and elsewhere in the World. For more information see www.gov.uk/guidance/product-safety-and-metrology-from-1-january-2021-great-britain#cosmetics

• For cosmetic aerosols supplied in or into Northern Ireland see www.gov.uk/guidance/product-safety-and-metrology-from-1-january-2021-northern-ireland#cosmetics

• From 1st January 2021 all registration for sale into the EU from GB companies must be registered to an RP with an address in an EU Member State. Companies can migrate an existing registration, but it must be to a registered entity in a Member State. For more information on the EU Notification Portal see
https://ec.europa.eu/growth/sectors/cosmetics/cpnp_en


• Cosmetic aerosols manufactured in GB will need to be marked with the country of origin. Made in Great Britain, Made in United Kingdom or Made in GB are recommended. Made in UK is not recommended as it can lead to some confusion with the Ukraine.

 

Biocides


• From 1st January 2021 there will be GB Biocidal Products Regulations and there will be a requirement to register any biocidal product supplied into GB with the HSE. Existing approvals, non approvals and product authorisations will be retained, and the EU Article 95 on the Implementation Period Completion Date will be adopted in to GB regulations.
• EU registrations will no longer be valid so any active biocidal products data registered with the EU Competent Authority will need to be resubmitted to HSE. For more information see www.hse.gov.uk/brexit/biocides.htm
• For more information on selling in the EU see https://echa.europa.eu/advice-to-companies-q-as/bpr.


Plant Protection Products


• From 1st January 2021, in Great Britain (England, Scotland and Wales) a new independent pesticides regulatory regime will operate. Great Britain will take responsibility for its own decisions using its own rules.
• All existing active substance approvals, PPP authorisations and MRLs will continue to be valid in Great Britain.
• Existing PPP authorisations remain valid until their current expiry date.
• Active substance approvals due to expire before December 2023 will be extended for 3 years to allow time to plan and implement the GB review programme.
• Existing PPP authorisations made under the EU pesticides regime remain valid in Great Britain. Authorised PPPs can be placed on the market and used in the same way as before.
• EU PPP legislation will continue to apply in Northern Ireland.
• For more information see www.hse.gov.uk/brexit/regulating-pesticides.htm

 

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