FINAT Public Affairs Blog #8

With the end of term of the current Commission coming up in 2019, we see a push to finalize a number of key dossiers by the sitting Commissioners. A clear example is the so-called Single-Use Plastic Directive, which I reported on previously. On 19 December, the European Parliament and Council of the European Union reached a provisional agreement on the measures proposed by the Commission to tackle marine litter and ban the most-littered Single-Use Plastic products.

The Agreement marks one of the fastest finalised proposals in recent years.

A key topic that has been on everybody’s mind, but is still shrouded in uncertainty, is the “B-word” – Brexit! This unprecedented situation is resulting in headaches for industry, with no firm or final guidance available with less than 40 days until 29 March. Especially from a perspective of supply-chains for chemicals, many companies, including FINAT members, stand to be impacted. With a possible no-deal Brexit, UK companies buying chemicals from the EU would become importers under a UK equivalent of REACH, whereas any company in the EU buying chemicals from the UK would become an importer under REACH with the corresponding registration requirements. Unfortunately, while these scenarios are relatively clearcut, there are many other possible scenarios and we advise members to keep a close watch on developments.

Meanwhile, CEFIC, the UK authorities and the European Chemicals Agency have updated their guidance to reflect the current understanding. UK authorities have indicated they will introduce a transitional period, providing time for companies with registration obligations under UK REACH to settle in, whereas ECHA has set up a so-called Brexit window to allow companies to transfer registrations between 12 and 29 March.

Still, many companies will be reminded of the purported Chinese curse: ”May you live in interesting times”.

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