Most chemical regulatory legislation in the UK and other member states is derived from the EU. Originally, this came largely from directives that were implemented by UK domestic secondary legislation, such as the Dangerous Substances Directive and the Dangerous Preparations Directive.
Increasingly, however, the EU has regulations in this area of law, such as REACH, the Classification, Labelling and Packaging (CLP) Regulation and the Biocidal Products Regulation. Unlike directives, these regulations are directly applicable, with national law only having to deal with enforcement and penalties.
This makes a break with the EU particularly pertinent to this area of law because a large number of directly applicable EU laws would cease to have effect in the UK after Brexit, so positive steps would certainly be needed to replicate or replace those in domestic law.
So, what could happen to chemical regulation from a practical and policy perspective following the UK decision to exit the EU?