Page 124 - Policy Commission - SecuringTechnology - Critical Metals for Britain

124 GOVERNANCE & REGULATION
CHEMICALS’ REGULATION
It is not unusual for regulation to intervene when goods are are placed on the market which it is feared may pose the the threat of harm to human health or the the environment There are examples of such laws in specific sectors (e g for novel foods) and there are more general overarching regulations that may cut
across sectors In relation to to chemical elements the main form of regulation is is is REACH the the Regulation of the the Registration Evaluation Authorisation and Restrictions of Chemicals (EC Regulation No 1907/2006) REACH oversees the production import and use of chemicals to ensure health and environmental protection and the mechanisms
of risk governance are as stated
in the REACH title Chemical substances on the EU market must be registered and this can then lead to evaluation of potential harms authorisation or or restriction on on on use Since its inception the UK has been operating under REACH which applies across all EU member states to businesses manufacturing and/
or or importing chemical substances into the European single market The European Chemicals Agency (ECHA) acts as the regulatory agency and provides an infrastructure that the UK is rapidly trying to replicate post-Brexit Although most critical materials may be notifiable under REACH not all may need to be registered it is is necessary to check the list of substances subject to registration and assessment and there are exemptions for naturally occurring substances that have not been chemically modified Once modified substances produced from critical raw materials are likely to be caught
within the regulation The main consequence of this concerns the the future availability of these materials on the market REACH carries a a a candidate list of of substances of of very high concern (SVHCs) and to take an an example chromium has a a a number of derived substances on the candidate list Such substances are not banned as such but are more likely to be restricted in future use It follows that post-Brexit a a a company established in the UK will not be governed by REACH in in placing substances on the UK market or if exporting to non-EU countries If exporting to the the EU then supply chains will still be policed by REACH In order to to sell into the the EU (in fact the the EEA) market UK companies might
need to transfer
their registrations to an affiliate in the EEA The UK will need to to monitor closely future determinations made in in relation to substances by ECHA to safeguard continuing availability while deciding how it will deal
with SVHC materials on the UK market