Protect us from pollution: Overhaul UK REACH chemical regulation


Chemical pollution is reaching crisis point in the UK and with flawed regulatory proposals hanging over from the last government, we look at how aligning with the EU on chemical regulation could cut costs to business, the public, and better protect our environment and health.

UK’s pollution problem

Chemical pollution in the UK is shocking. The source of this often-overlooked environmental crisis is both the industrial sites producing and using chemicals as well as the products these chemicals are in, with harmful chemicals escaping during production, use and disposal.  The chemicals we have ingested, absorbed through the skin, and inhaled both inside and outside our homes and workplaces, impact our health and our environment. People in the UK are so contaminated that are own bodies contribute to pollution through our sewage.

UK regulations failing to protect us from chemicals and pollution

Even though one of the sources of pollution is the products we use, it is not down to consumers to solve this issue, it is down to government, regulators and industry.  Consumers often can’t find out what is in products let alone the harm caused by these hidden chemicals. The reason pollution is rife is ultimately due to poor regulation and enforcement. It is these UK rules that need to change.

Stopping pollution at source

The best way to stop this pollution is at source.  To do this effectively you need to know how harmful a chemical is and how best to manage it before the chemical is used. Getting the information together on a chemical upfront is known as registration. It helps the regulator know which chemicals are hazardous and clarifies how companies should manage the chemical. Data is required on all chemicals to put the right controls in place, some chemicals are harmful but can be easily replaced and banned or restricted, in other instances a chemical should only be used in a limited set of circumstances (called authorisation).

Where the UK is going wrong

In theory, UK REACH works in a similar way to EU REACH from which it was copied. But with much reduced capacity and without expertise drawn from all member states, the UK system if failing.  It has been a BREXIT fiasco and has failed to deliver the controls on chemicals needed, meaning chemicals banned in Europe are on the market in the UK in ever increasing numbers.  Since 1 January 2021 restrictions have stalled in the UK with 0 restrictions introduced compared to the EUs 10 including a restriction on intentionally added microplastics.

No data, no market

Here in the UK our regulator HSE no longer has access to the data submitted to the world’s most comprehensive chemical registration database held by the European Chemical Agency. This is because the companies who submitted EU registration dossiers own the data in them and they may or may not be willing to share it with other companies wanting to register chemicals in the UK. As a result, the UK regulator currently does not have access to information on chemicals on the UK market for regulatory decision making. Already the UK is contravening one of REACH’s founding principles, no data no market.

A broken pathway from registration to restriction

Registering a chemical by submitting chemical data is just the first step in managing chemicals. Once you’ve registered chemicals with sufficient data, regulators can then identify a substance of concern, assess them, bring in restrictions where necessary and decide if any specific authorisations are needed. In those few instances where a UK restriction has been started, we have seen processes beset with the delays, with extra steps added, extensions to deadlines and consultations that don’t support engagement from the full range of stakeholders. The lack of restrictions and repeated delays allows harmful chemical use to continue and UK pollution to build.

Flawed proposals for Alternative Transitional Registration model (ATRm) and restrictions 

In May 2024 the previous government proposed changes to the way UK regulates chemicals including the registration process, restriction process and HSE’s reporting requirements. It proposes reducing the data required from the chemical industry for registering a chemical on the UK market (called the Alternative Transitional Registration model) and cutting one of two consultations in the restriction process. These changes weren’t designed to bring in stronger protections from harmful chemicals in products or to reduce pollution. Instead, the stated focus has been on reducing costs for the chemicals industry for bringing a chemical on to the market. But the proposals don’t bring the certainty companies are looking for with legal questions marks over both the limited data being requested upfront and the ‘as and when needed’ data the regulator can request. There are also concerns that the new data on use and exposure required will not be forthcoming. The new proposals are creating barriers and delays for companies and regulators.  None of the changes proposed will bring better protections they will only undermine regulatory decision making.

Challenge for the Regulator

Not only do the proposals starve the regulator of data needed to make decisions. The proposals do nothing to fix the problems in the restriction process to allow more harmful chemicals to be dealt with swiftly, it has merely shaved off a consultation rather than address the underlying issues with capacity and lack of data. Thankfully there is a way around this where regulatory decisions can be based on all available data, restrictions can be swiftly introduced, and industry can have clarity; the solution is alignment with EU chemical regulation.

The Solution: Getting Chemical Regulation Right through Alignment with the EU

To enable a cost efficient and effective chemical management approach some countries like Switzerland consider regulatory decisions made by the EU in their own legislation and then often introduce similar restrictions aligning with EU regulations. Others, like Norway, have joined ECHA despite not being EU members so bring in EU chemical regulation automatically (dynamic alignment). A few countries, like the US, still have a very different far riskier approach akin to outdated systems of the past which require regulators to chase companies for data on chemicals leading to long delays on bans and restrictions leading to ongoing pollution.

Here in the UK, we can align our restriction process to the EU so that better protections are brought in. This takes the pressure off regulators and eases trade. It may even minimise data replication. Our resources can be put to better use closing data gaps, including on use and exposure, and enforcement to level the playing field for companies. We should be able to trust the chemicals being used are safe for us and our environment and we deserve as much protection here in the UK as those enjoyed by our neighbours in Ireland, Norway and France.

Unless a more protective regulatory approach is taken here in the UK, we risk having a data-poor regulator, and chemicals banned elsewhere still being used in the UK market with ever more pollution impacting our lives and our environment. If the UK instead pursues alignment with the EU, we can benefit from streamlined, cost effective and resource efficient processes for restriction and registration giving businesses certainty and reducing pollution.

You can find out more about UK REACH processes and pitfalls in our video and blog or learn more about risk, hazards and the principles that underpin regulation.

Share your views on the UK chemical regulation proposal in the UK Government consultation.