exporting to the EU will need to create an office in a member
state if they don’t already have one. However, the UK chemicals
industry is lobbying to try and maintain access to existing REACH
registration systems. Should an agreement with the EU not be
possible in this area, it remains to be seen what UK regulation will
look like or whether there will be a UK version of REACH where
all imported chemicals must be registered in the UK.
Cosmetic Regulation No. 1223/2009 is a regulatory framework
for cosmetic and personal care products that requires a Product
Information File (PIF) for every product placed on the European
Market. All PIFs must be notified through the EU portal. However,
following Brexit, will UK companies still be able to access
this? Will the UK recognize a PIF from the EU?
Classification & Labeling (CLP/GHS) legislation is also an
important consideration. BAMA believes all Hazard & Precautionary
(H&P) statements will, almost certainly, remain as they
currently are. However, will the country of origin need to change
for imports and exports?
Finally, poison centers should be considered. Although these
already exist in the UK, there needs to be clarification on whether
UK companies will be able to use a central EU register for poison
center information or will EU countries have to submit information
to a separate entity in the UK?
Next steps
It is clear that there are many issues “up in the air” for the aerosol
industry. Brexit has shaken the continent and the industry. Never
before has a member state withdrawn from the EU—a 43-year relationship
is now being untangled. What next for the UK aerosol
industry as we enter these unchartered waters?
The UK has introduced a repeal bill that would convert all
24 Spray April 2018
current EU regulations to UK regulations. BAMA is monitoring
this process to see if there is any divergence on aerosol regulations.
The UK and the EU will continue to negotiate on stage two of
the “divorce” and once the UK and European Commission have
reached an agreement, it must then be approved by The Council
of Ministers, The European Parliament and each EU member
state and their Regional Assemblies. The two sides, and all other
stakeholders, have until March 29, 2019 to reach an agreement.
The UK is pushing for a transition period of two years, during
which time all EU regulations will continue to apply in the UK.
However, it looks very likely that any deal will be done at the
last minute of the process leading to continued uncertainty for
both UK businesses trading with the EU and vice versa. Also,
there remains a serious risk that the “politics” will outweigh the
economics.
Getting our voices heard
Many industries have voiced concerns about the uncertainties surrounding
Brexit, including car manufacturers, financial services
and the airline sector. Relative to these sectors, the European
aerosol industry is small, but that does not mean we should not
have our voices heard. Brexit is an issue that will affect every single
entity in the aerosol industry—whether one is in the UK, Europe
or on the other side of the world.
The British Aerosol Manufacturers’ Association will continue
to represent our members by lobbying politicians and leaders
throughout the Brexit process, but there is strength in numbers.
We need to work together with partners and stakeholders across
the global aerosol industry to achieve a positive conclusion for all
involved.
Visit bama.co.uk for more information. Spray