REACH and a no-deal Brexit

AMY ALFORD | January 14, 2019

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Dave Gordon and Anita Lloyd, partner and director at Squire Patton Boggs, look at the legal issues relating to a proposed ‘UK REACH’ system in the event of the UK leaving the EU without a deal. As REACH is currently ‘directly applicable’ in the UK, there is no UK implementing legislation, except in relation to enforcement. Under the EU Withdrawal Act, EU Regulations are direct EU legislation, which will become part of UK law on exit day. Under an agreed Brexit, REACH would continue to apply in the UK, and it would continue to use the European Chemicals Agency (ECHA) system for the transitional period at least - and potentially thereafter as an associate member.

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