Overview
Eléonore Mullier and Simon Tilling authored an article titled "Legal Challenges to Chemical Regulatory Decisions in Europe After Brexit: The Opportunities and Threats from Parallel Legal Systems in the EU and the UK" for International Chemical Regulatory and Law Review (CCLR 4/2021). The article discusses just how the impact of the UK’s departure from the EU runs counter to the general direction of travel for the regulation of chemicals.
For decades global chemical industries, governments seeking open markets and international institutions have been looking for ways to harmonize and standardize chemicals regulation and to reduce non-tariff barriers to trade by seeking common ground and consensus on a global approach. However, the UK's decision to 'take back control' over its laws by leaving the EU, and exiting its Single Market and Customs Union, goes the other way: for global chemicals manufacturers, formulators and distributors, there are now two markets to navigate, with the inevitability of increased friction for market access. According to the authors, in order to maximize the opportunities and to minimize the risk of adverse decisions in one jurisdiction being repeated in the other, it is essential for business operators to understand the legal options for challenging regulatory decisions under both regimes.
The full article may be read here.
