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UK CURRENT SURVEY AND LEGAL UPDATE – GREENWOOD, L’OKEN :: :: : (2008) 20 ELM 151
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UK Current Survey and Legal Update

Brian Greenwood, Sherryll L’oken Taylor Wessing LLP

Headline Issues Pursuant to Article 126 of the REACH Regulation, UK
enforcement provisions must be in place by 1 December
• REACH Update – pre-registration and draft UK 2008. In terms of progress made by the UK, the
enforcement regulations government launched a public consultation on draft
• Revised Waste Framework Directive enforcement regulations on 2 June, which builds upon
• Carbon Capture and Storage – UK consultation existing regulatory regimes in the UK. The draft regulations
• New draft IPPC Directive envisage that the enforcing authority will be the HSE in
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• Aviation to be brought within scope of EU ETS most cases, but the Environment Agency, local authorities
• New proposed wildlife management strategy and the Secretary of State will also have a role to play.
• Draft Marine Bill – legislation and policy The current proposals are that the HSE will be responsible
• Environmental crime – European developments for taking enforcement action for non-compliance in
respect of registration and the supply chain, but it will be
the Environment Agency who will enforce environmental
REACH update breaches of the regime at installations subject to
environmental controls. Breaches of the regime will be
Chemical substances – the process of pre-registration has punishable on summary conviction in a Magistrates Court
commenced – a new fee structure is in place – to be to a fine not exceeding £5,000 and/or three months’
administered by European Chemicals Agency – the UK is imprisonment. On indictment, the penalty will be an
consulting on new enforcement provisions unlimited fine and/or two years imprisonment. Further
supplementary offences are also to be created for
The EC REACH Regulation for the RR RR Registration, EE EE Evaluation, obstructing enforcement authorities, providing false
CH
CH
A A A A Authorisation and restriction of CHCHemical substances 1 statements and failing to provide information. It is
CH
entered into legislative force on 1 June 2007 throughout anticipated that draft regulations will be laid before
Member States. It has direct effect without the need for Parliament by November 2008.
national transposition. It establishes a regime for the At a European level, the EC REACH Fees Regulation,
regulation and safe use of chemicals for those companies setting out the structure and amounts of fees and charges,
who deal in quantities of chemicals greater than one tonne which are to be collected by the European Chemicals
per year, requiring the pre-registration of qualifying Agency, was published in the Official Journal of the
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chemical substances. European Communities on 16 April 2008. Following this,
The process of pre-registration has now begun for the European Chemicals Agency published, as part of the
those companies who deal in ‘phase-in’ substances, namely authorisation process, the first list of chemicals to be
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substances which are listed on the EINECS and already classified as ‘Substances of Very High Concern’ (SVHC),
known in the EU. Essentially, the process of pre- for example toxic substances or those which could cause
registration is designed to give the producer a ‘breathing serious harm to human health or the environment.
space’ before formal registration - a complex process – Technical comments were sought.
enabling the substance to be used in the interim. Pre- The European Commission retains a key role in respect
registration, however, must take place between 1 June and of updating and finalising legislation relating to REACH,
1 December 2008 in order for companies to benefit from including but not limited to the classification and labelling
the staggered approach. A failure to pre-register a phase- inventory, in addition to updating guidance and advice.
in chemical substance with the European Chemicals At present, the Commission are reviewing a number of the
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Agency prior to the deadline could lead to a manufacture/ technical Annexes to the REACH Regulation in conjunction
importer being banned from trading in that substance until with stakeholders, after which revisions may be made.
a full REACH dossier has been submitted, leading to cost
and resource implications. Inevitably, a failure to pre- Defra ‘Consultation on the enforcement of REACH in the UK’.
register may also have implications for forward sales of http://www.defra.gov.uk/corporate/consult/reach-enforce/
‘registerable’ substances. index.htm.
http://echa.europa.eu/consultations/authorisation/svhc/
svhc_cons_en.asp.

1 Regulation 1907/2006/EC.
2 European Inventory of Existing Chemicals. 4 Health and Safety Executive.
3 The European Regulatory body overseeing the regime. 5 Regulation 340/2008.

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