Chemical compliance… what’s happening?

What’s happening with regard to chemical regulations internationally? Here are some updates we’ve prepared for you for April 2023.

EU customs authorities involved in checking compliance with EU REACH

The European Commission has committed to improving compliance with REACH and CLP obligations for imported goods with the help of customs authorities.

To help drive this, guidelines for enforcement authorities (REACH and customs) have been developed along with legal clarifications on customs authorities as REACH enforcement authorities.

The Commission evaluated the REACH requirements that could be integrated in customs procedures, starting with the integration of substances requiring Authorisation under REACH (Annex XIV to REACH) in TARIC, the integrated Tariff of the European Union database.

If you import an Annex XIV substance, you need to declare that you:

a) have a valid authorisation (proof of compliance), or

b) are exempted (based on a valid justification)

The second phase of the cooperation with customers – Integration of the list of substances subject to REACH Restrictions (Annex XVII) in TARIC – is also operational.

To comply with these requirements, you can start by checking with your customs agent and reviewing your process for tracking substances of concern.

H2 Compliance can support you with choosing and implementing the most appropriate compliance strategies. Please contact us here.

The Windsor Framework and the impacts on REACH in Northern Ireland

On 27th February 2023, the UK Prime Minister and the European Commission President agreed on ‘The Windsor Framework’, which is set to replace the old Northern Ireland Protocol by providing a new legal constitutional framework.

The key takeaway from the information released on The Windsor Framework is that goods will be able to flow freely between Great Britain and Northern Ireland by removing any sense of the border in the Irish Sea for goods staying within the UK.

Goods intended for Northern Ireland will go through a green lane, without any red tape or necessary checks.

Goods intended for the EU will use a red lane, which will be subject to normal third country processes and requirements.

As such, the border in the Irish Sea for internal UK trade is removed, which protects Northern Ireland’s place in the UK Market.

From the initial details released, it appears that all the legislation set down in the Northern Ireland Protocol will be replaced.

However, it has been confirmed that a few EU laws will remain in Northern Ireland. The UK’s Department for Environment, Food and Rural Affairs (Defra), which is the policy lead for UK REACH, have confirmed that EU REACH is one of them.

Therefore, EU REACH will continue to apply in Northern Ireland and UK REACH will continue to apply in Great Britain, despite the new Windsor Framework. This means that there will be no changes to a company’s REACH duties within the UK.