My Lords, these regulations were laid before this House on 24 March. They will amend UK REACH, which is a central part of the framework governing the safe use of chemicals in Great Britain. EU REACH continues to apply in Northern Ireland under the Windsor Framework. UK REACH retains the core approach and key principles of the EU system, including its fundamental aim of ensuring a high level of protection for human health and the environment. I want to be clear from the outset that nothing in the instrument changes those aims or reduces those protections.
The instrument will make two key changes. The first change will extend the deadlines in Article 127P by which registrants, namely manufacturers and importers, must submit information on their chemicals to the Health and Safety Executive, the HSE.
At EU exit, transitional measures were introduced to support a smooth and orderly transition to the UK REACH regime, including deadlines to submit complete registration data. Under the current legislation, those deadlines fall on 27 October 2026, 27 October 2028 and 27 October 2030. The most hazardous and highest-tonnage substances must be registered first. This SI will extend the deadlines to 27 October 2029, 27 October 2030 and 27 October 2031 respectively. I recognise that these deadlines have been extended previously. Indeed, this is the third extension since UK REACH replaced EU REACH in January 2021. I therefore want to address directly why a further extension is necessary.
In 2023, the previous Government extended the deadlines in response to transitional challenges. Chief among these was the estimated £2 billion cost to industry of acquiring the information required under the existing registration model. That extension allowed exploration of an alternative transitional registration model, known as the ATRm, with the aim of developing a fairer, more proportionate and workable system. Following the general election, this Government reassessed their broader approach to chemicals regulation while completing the exploration of the ATRm. This work reflects our improved relationship with the European Union.
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The territorial extent of this instrument is the United Kingdom. The instrument applies to the UK REACH regime in Great Britain, as EU REACH continues to apply in Northern Ireland under the Windsor Framework.
The Joint Committee on Statutory Instruments formally considered this instrument without comment, but I will turn to the concerns that were raised by the Secondary Legislation Scrutiny Committee, which drew this instrument to the special attention of the House. First, this extension does not create a regulatory gap. Existing duties under UK REACH and wider chemicals legislation remain in force. Businesses must continue to classify and label chemicals correctly, provide safety data sheets and ensure safe use throughout the supply chain. The HSE also retains its powers to act where risks are identified, including through evaluation, restriction and requests for further information. Secondly, this instrument does not reduce protections. UK REACH will continue to ensure a high level of protection for human health and the environment. We have published a statement confirming that the amendments remain consistent with Article 1.
The Government have published our intended approach to the ATRm timetable. We will consult on technical details later this year and we expect legislation and guidance next year. This should give industry time to prepare before the first extended deadline in October 2029.
Finally, on EU alignment, we are committed to closer alignment with trusted jurisdictions, especially the EU, using their regulatory decisions as a starting point. Divergence would occur only where there are compelling reasons and we intend to consult publicly on those circumstances.
These regulations ensure that UK REACH can continue to operate effectively while we complete the transition to a more proportionate registration model. They ensure high standards of protection for human health and the environment while giving industry the time and certainty that it needs to comply in a way that avoids unnecessary costs and disruption. For those reasons, I commend the draft regulations to the Committee.
These regulations ensure that UK REACH can continue to operate effectively while we complete the transition to a more proportionate registration model. They ensure high standards of protection for human health and the environment while giving industry the time and certainty that it needs to comply in a way that avoids unnecessary costs and disruption. For those reasons, I commend the draft regulations to the Committee.
I am most grateful to the Minister for presenting these regulations before the Committee. I probably ought to say that I was a Member of the European Parliament when the original REACH agreement and regulations came forward.
I am also grateful to the Minister for commenting on the concerns raised by the Secondary Legislation Scrutiny Committee. I have just two questions on that. First, the Minister said right at the end that legislation and guidance will be published next year. I do not sit on that committee but, from the way I read that report, the final date of the extended timetable and when it will reach its long-term end remain a concern. The committee asked us to raise—I think it is a very good point—the intended timetable for the full implementation of UK REACH. What is the endgame?
I am grateful to the Chemical Industries Association—CIA—for the briefing that it shared with me in preparation for today. It is fair to place on the record that the chemical sector not only is critical for the functioning of the UK economy but underpins manufacturing, clean technologies and many of the Government’s priority growth sectors.
At the time that Britain left the European Union, I personally was led to believe and we were promised—I realise that there was a different, Conservative Government—that there would be friction-free trade with the European Union. However, we have ended up with duplicate registers, therefore duplicate costs, and a lot of increased costs to the sector in that regard. Obviously, we are all paying that in the way of substances such as paint and other toxic substances that we use. I do not know whether the noble Baroness’s department has made an estimate—it might well be in the papers, but I did not see it—of the current cost of having two registers.
My Lords, I hope I will not detain the Committee for long, but this is a very important and intricate area. The noble Baroness, Lady McIntosh, has great experience of this from her time at the European Parliament. I remember visiting the European Parliament—it must have been almost 20 years ago—when REACH was being debated. It was, and I believe it remains, the largest piece of legislation ever passed by the European Parliament.
I did not have the benefit of the CIA briefing, but I will take the opportunity of paying tribute to the work of the CIA, because it does a great deal in this area and I have placed that on record. I have worked with it in the past, as with other organisations such as the Society of Chemical Industry and scientific bodies such as the Royal Society of Chemistry, which 20 years ago were taking a very close interest in this subject. I am glad that my noble friend the Minister referred to the Secondary Legislation Scrutiny Committee, because it has quite rightly raised some concerns.
My points are very brief. First, I understand the case for extending the current deadlines in the way that my noble friend has set out. I also understand the case for aligning the UK REACH submission deadlines with the development and implementation of the alternative transitional registration model. But I hope my noble friend will understand if I say that we hope that we will not be here in a few years with my noble friend making the case for further extensions to the deadlines. If there is any word of reassurance she can give on that, I would be very grateful.
My second point is to ask whether UK businesses still have difficulty accessing the hazard data required to support registrations. As I understand it, the data is still held by EU-based consortia under the provisions of EU REACH.
Thirdly—I apologise to the Minister in advance if I am wrong—am I right that in the last month 15 substances of very high concern were added to the UK list? I am encouraged by nodding elsewhere along the Benches. If this is true, can my noble friend say a little more about what the substances are? I understand that they are the first major additions to that list for some time. It would be interesting for the Committee to know the reasons for it and to be reassured that there are very good reasons for doing so.
My Lords, I thank the Minister for introducing this draft instrument and explaining its purpose. On the Liberal Democrat Benches, we recognise the case for this measure and will support it. We do so because it is a pragmatic step to avoid a cliff edge—not because we believe the current system is in any sense satisfactory.
As described by the noble Baroness, Lady McIntosh, the chemicals sector could be described as the invisible backbone of our economy. It underpins everything from advanced manufacturing to pharmaceuticals, construction and consumer goods. It matters that we get the regulatory framework right, not just for the industry but for the people who work in it, the consumers and, importantly, the environment. The alternative transitional registration model, which the Minister described to us, is intended to reduce unnecessary duplication. According to the Government’s assessment, it could cut one-off industry costs by around 70%, or roughly—I think this is the estimate that the noble Baroness is looking for—around £2 billion. To stop that additional payment is extremely welcome, but businesses need certainty, not a rolling series of extensions that leave everyone guessing what comes next.
We very much appreciate that this Government are having to square the circle of a previous negotiation and a Brexit that we view as the gift that keeps on taking from the British people and from every industry in Great Britain. Nevertheless, I have four questions for the Minister.
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Thirdly, what is the Minister’s assessment of the interim risk while this new regime is still being designed? The Government say that the COSHH—the Control of Substances Hazardous to Health Regulations—and the safety data sheets provide adequate protection. But, as she will be aware, many NGOs remain concerned that delaying full hazard data submission leaves workers, consumers and the environment exposed for longer than is desirable. On what evidence does the Minister conclude that the existing safeguards are sufficient during this extended transition period? Are there specific substances or sectors where the risk is judged to be higher and, if so, what additional measures are being put in place? Will the Government commit to reviewing the health and environmental impact of these delays, once the ATRm is fully operational?
Finally, what is being done to ensure that SMEs are not left behind? The impact assessment accepts that smaller businesses may benefit from these changes less proportionately, but SMEs make up the overwhelming majority of firms, particularly in this sector. If we are serious about supporting growth, we need a model that works for them in practice, not just in theory. Can we have some understanding of what guidance, support or transitional arrangements will be available to help those smaller firms navigate the new system? Will there also be additional resources for the HSE and the Environment Agency to ensure that compliance is proportionate and that SMEs are not unfairly penalised by default?
The Liberal Democrats support these regulations as a necessary and pragmatic step, but we also expect and hope that the Government will find ways to move faster to deliver a final, stable model that protects both our environment and our economy. As I am sure they understand, the current approach cannot continue indefinitely. Therefore, we need clarity, speed and a system that commands the confidence of industry, regulators and the public.
My Lords, we on these Benches also welcome this measure to extend the transition period for businesses to submit information to the Health and Safety Executive under the UK REACH regulations. I thank the Minister for bringing these regulations to the Committee.
The UK’s registration, evaluation, authorisation and restriction of chemicals replicated the EU REACH regime. To manage the transition, requirements to submit further information were phased, and the deadlines were extended twice by our previous Government, in 2020 and in 2023. This statutory instrument extends the deadlines to submit information to the HSE for registrants, downstream users and distributors that continue to import chemicals from the EU. This will allow the compliance costs of registered businesses in the chemicals sector to be spread more evenly. It is worth noting that 98% of registered businesses in the chemicals sector are small, medium or micro businesses.
In addition, the SI will provide more time for the Government to introduce a new transitional registration model to cover registrations of substances that were already on the EU market at the time of Brexit. This is expected to reduce costs for industry significantly, so can the Minister update the Committee on when this new model will be introduced?
The Minister might be pleased to hear that I do not have many additional questions, given that so many have been asked. But I highlight the Government’s response to concerns submitted to the Secondary Legislation Scrutiny Committee about divergence from the EU in this policy area. The Government stated—the Minister was kind enough to repeat this—that
“divergence only occurs where there are compelling reasons, for example to protect the resilience of essential national infrastructure. In doing so, we will retain full control of our regulatory decisions”.
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There was a consultation in 2024 and we then published our proposed approach to the ATRm on 30 March 2026, providing long-awaited clarity for industry. The ATRm will reduce the information that businesses must submit for transitional UK REACH registrations. It is expected to reduce the one-off costs to industry of those registrations by around 70%. At the same time, the model will maintain the important protections provided by UK REACH. It recognises that companies placing chemicals on the Great Britain market remain responsible for understanding and managing the risks that those chemicals may present to human health and the environment. Registration will therefore remain central to ensuring that businesses meet that responsibility and properly manage the risks arising from the hazardous properties of chemicals and how they are used in Great Britain.
The Government are acting decisively by bringing forward the legislation on the ATRm so that industry knows what it needs to do in good time for the extended deadlines. However, the ATRm cannot be implemented in time for the first existing deadline of 27 October 2026. It is therefore necessary to extend the deadlines once more to ensure that we put in place a robust and effective policy framework. Extending the deadlines will provide the additional time needed to finalise and implement the ATRm in a proportionate and workable way. It will also provide businesses with the certainty that they need to plan for compliance and help to maintain continuity in important supply chains. Without this extension, businesses would have to meet the existing deadlines and submit the full registration information currently required by UK REACH, despite the Government’s clear intention to replace those requirements and reduce the £2 billion cost to businesses by around 70%.
I turn to the second change introduced by this instrument. The regulations amend the deadlines by which the HSE must complete compliance checks on 20% of registration dossiers. These dates must remain aligned with the revised registration submission deadlines. Otherwise, the HSE could be required to complete compliance checks before the relevant registration information had been submitted. Under these regulations, the compliance check deadlines will move to 27 October 2030, 27 October 2032 and 27 October 2036. The time available between each registration deadline and its corresponding compliance check deadline remains unchanged.
As with the previous amendment to UK REACH made using powers in the Environment Act 2021, we have followed the safeguards set out in Schedule 21 to that Act. We have worked closely with both the Scottish and Welsh Governments, who have both consented to this instrument. We conducted a public consultation to ensure that stakeholders could provide their views and evidence.
We have also published a statement confirming that the amendments are consistent with the overarching aims of UK REACH, including the objective of ensuring a high level of protection for human health and the environment. We have published an impact assessment that demonstrates that extending the deadlines will reduce unnecessary costs to businesses while maintaining an effective regulatory framework. The impact assessment builds on the options assessment published in March 2026, which the Regulatory Policy Committee rated fit for purpose.
The chemicals industry believes that the regulations before us this afternoon should be approved. For the reasons the Minister set out, it is so important to have the necessary extension to the UK REACH registration and compliance deadlines—again, we are going on to finalise the approach on the ATRm. However, the industry has raised with me—I want to share this with the Minister this afternoon—the fact that the revised timetable remains challenging. Although the regulations extend the first registration deadline by three years, they also compress subsequent deadlines into a much shorter period, which will put enormous pressure on the companies concerned. The industry also says, more importantly, that approval should not be interpreted as meaning that the underlying challenges have been resolved. There remains significant uncertainty regarding access to registration data, the cost of compliance and the risk that businesses could be forced to infringe intellectual property rights in order to meet UK registration requirements.
Therefore, I press the Minister to make sure that the Government provide certainty regarding future registration requirements by three specific asks this afternoon. First, avoid placing businesses in situations where compliance conflicts with intellectual property rights, ensuring lawful and affordable access to the data needed for registration. This is currently not the case. Secondly, and alternatively, look to other economies such as Switzerland, which has successfully implemented a model that supports innovation and competitiveness and strengthens supply chain resilience, all while maintaining the same robust health and environmental protections as the EU. Thirdly, monitor whether the compressed timetable from 2029 to 2031, which the Minister set out, remains realistic for both industry and regulators. The goal here is not less regulation or further delays but a model, like the one that exists in Switzerland, that protects the environment, for the reasons the Minister set out, while allowing businesses to drive growth, which lies at the heart of the Government’s priority in economic policy.
I believe the outline model that the Minister has set out this afternoon still leaves Great British manufacturers and importers facing avoidable cost—which they were specifically told would not be the case at the time that Britain left the European Union—inhibits the introduction of new products to the Great British market and leaves serious questions over proprietary data requirements, despite the goalposts on regulating chemicals via REACH having shifted to EU alignment by default.
I welcome the opportunity to raise these issues today. On 13 May 2026 the ACA, the Alliance of Chemical Associations, wrote to the Parliamentary Under-Secretary of State, the honourable Emma Hardy, to raise these points, but they are very pertinent as well to the regulations before us this afternoon. The Government, and particularly the department, owe it to the chemicals industry to make sure that we can reduce this dichotomy of having two registers and the duplication of costs that it currently has to face.
First, can she set out the milestones that will determine whether the ATRm is delivered on time, given that the design and implementation are not, as she described, expected to be completed until summer 2027? The Committee needs some confidence that we are moving towards some kind of stable system, not simply pushing the problem further down the road. Will the Minister also confirm how progress will be monitored and how often updates will be published? What will trigger, in turn, some kind of remedial action if the timetable slips? There is a danger of the perception that the sector continues to run on a series of sticking plasters; I am sure she appreciates that.
Secondly, what assurance can she give that any future divergence from EU REACH will be strictly evidence led and transparent? I read somewhere that the system is like reading the description on the back of a book without having any of the information inside the book that is necessary to move at pace. The Secondary Legislation Scrutiny Committee has already raised concerns about the lack of clarity around the circumstances in which the Government would diverge, and the Office for Environmental Protection has highlighted the problem of new EU hazard classes that have not yet been brought into GB law. How will the Government avoid creating an unpredictable system in which decisions appear to be made case by case, without a clear scientific basis? I think this is something that the noble Viscount, Lord Stansgate, was reaching towards. If the default position is alignment with EU REACH unless there are compelling reasons to diverge, we need to know what those reasons are, how they will be tested, and how the public and Parliament will be able to scrutinise them.
If that is the case, why will the Government not take the same approach to the SPS regulations soon to be determined by the EU, in particular on the role of precision breeding?
I will take advantage of this opportunity to ask one question on something not directly related to this SI: the chemical Asulox. Emergency authorisations for its use ended a few years ago, and we are already seeing the impact of the withdrawal of Asulox from the market, as bracken moves further and further up the hill, outcompeting grass, outcompeting degraded peat and undermining our habitats. Will the Minister commit to take that away and see whether anything can be done to reintroduce Asulox to the market? I very much look forward to her response.