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Public Consultation in the U.K. on EU Chemicals Legislation

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The Health and Safety Executive (HSE) of the U.K. announced last month the start of a public consultation on regulatory measures to support EU chemicals legislation, and proposals on reducing seven existing sets of domestic regulations into one statutory instrument.

The HSE says that it has a statutory duty to consult on its proposals. It believes that public consultation provides an open and transparent approach to decision-making. Following consultation, the HSE will make a recommendation to the Secretary of State on the best way forward.

The consultation applies to proposed domestic legislation to support the EU regulations on:

  • Biocides
  • Classification, Labeling and Packaging (CLP) of substances and mixtures
  • Export and Import of Hazardous Chemicals (commonly known as the PIC Regulation)

The proposals implement a Löfstedt recommendation to consolidate biocides sector legislation, and also to meet EU requirements to establish competent authorities, designated national authorities and enforcement arrangements (as appropriate). Overall the proposal will reduce seven existing statutory instruments into one.

The HSE also proposes to put in place new regulations to enable the HSE to charge for the work it carries out under the new Biocides Regulation. However this will be covered in a separate consultation on the proposed fee regime, including the fee structure and fee levels. The HSE also seeks views on the possibility of recovering its costs under CLP, and is further consulting on unrelated administrative amendments to other domestic chemicals regulations.

No changes are proposed to the main duties for Biocides, PIC and CLP, which are, or will be, established at EU level in directly applicable Regulations.

The consultation period began December 20, 2012 and will end on January 31, 2013. Click here to view the consultative document.

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