Brexit and Chemicals Regulation: the Story So Far 2020 Update

Brexit and chemicals regulation: The story so far 2020 update

Brexit and chemicals regulation: The story so far | 1 Contents

4 Tougher Brexit positions see EU, UK move apart on alignment question

5 Cefic, CIA urge close post-Brexit cooperation agreement with Echa

7 Expert Focus: The road to a UK REACH – what happens next?

10 Industry reels as UK Chancellor tells them to expect post Brexit divergence

11 Newly elected UK government pressed to secure post-Brexit EU regulatory alignment

12 Brexit: Echa will keep non-transferred UK registration data

13 UK REACH-IT joint registration functionality on the way – Defra

15 Brexit concerns confirmed by UK government-commissioned report

17 Brexit: UK manufacturers warn against backtrack on EU regulatory alignment

19 Brexit: Cefic concern at low level of REACH registration transfers

20 UK industry urges new prime minister Johnson to avoid no-deal Brexit

2 | Brexit and chemicals regulation: The story so far Tracking the twists and turns of Brexit

During a UK parliamentary debate on 26 February, junior to weaken the competitiveness of UK manufacturing industry, environment minister Victoria Prentis told MPs: “We are do nothing to improve our environment and result in the loss of definitely leaving the single market and the customs union, and key chemicals”. This remains the sector’s opinion. we will no longer participate in the Echa, or the EU regulatory framework for chemicals”. The withdrawal agreement and political declaration agreed by the UK and EU in October dropped the earlier ambition for the While it is too early to predict the outcome of this year’s two to have “a trading relationship on goods that is as close as negotiations on the proposed UK-EU comprehensive free possible”. References to “level playing field protections”, such as trade agreement, members of Prime Minister Boris Johnson’s environmental standards, were removed from the legally binding government have repeatedly said that the UK wants to be withdrawal agreement and placed in the political declaration – able to set its own standards in areas like chemicals. That the and only apply until the end of the transition period. representatives of the UK chemicals sector, other manufacturing industries, and their European counterparts all want Britain to Thus the stage was set for negotiations on a proposed stay in the EU REACH system, cuts no ice with Mr Johnson comprehensive free trade agreement. Once the UK left the EU – especially since he secured a comfortable majority in on 31 January both sides set out their opening positions: the UK December’s election. Similarly, chemical company warnings said it wants free trade without any regulatory alignment, while of the cost of double registrations and the unpreparedness of the EU is insisting the two must be linked because of Britain’s downstream users should they acquire chemical importer status close physical proximity to Europe and the extent to which their have fallen on deaf ears. economies are intertwined. Mr Johnson insists the agreement must be reached by 31 December, and that the transition period Throughout last year, British officials continued to prepare will end then, regardless of whether an agreement is reached the new UK REACH IT system, rules for the provision of UK or there is no agreement and the UK starts trading with the EU substance registrations and measures to avoid delays at ports. under WTO rules. Regulations and guidance were published, only to become obsolete as the political message from government changed. This report aims to give you a taste of the award-winning Uncertainty became the new normal, and following the twists reporting and analysis that Chemical Watch provides. By signing and turns in government policy a full time occupation. up to membership, gaining access to our news and attending our events you can keep yourself informed and up to date on As we reported in October – after we forced the government to developments as we go through a crucial period for setting UK release its unpublished report on Brexit’s impact on chemical chemical policy for decades to come. businesses – UK companies were suffering because of this uncertainty, were expecting rising costs, falling competitiveness, regulatory divergence and supply chain disruption. The Chemical Geraint Roberts Industries Association said the government’s plans were “likely Editorial director, Chemical Watch

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Brexit and chemicals regulation: The story so far | 3 Tougher Brexit positions see EU, UK move apart on alignment question

UK wants chemicals annex in comprehensive free trade agreement

27 February 2020

EU member states have toughened their document’s position: that they should Meanwhile, the UK environment ministry Brexit negotiating stance this week, not be reduced below the level provided (Defra) confirmed to Chemical Watch by demanding that the future trade by the common standards applicable that the UK REACH regulation published agreement binds the UK to standards within the Union and UK “at the end last year will need to be amended to for goods, including chemicals, that of the transition period”. change the date when provisions come “correspond” to those adopted by the into effect from Brexit day – 31 January trade bloc in the future. Chemicals annex 2020 – to the end of the transition period, which the UK government says The member states’ negotiations The UK government, meanwhile, has will be 31 December. mandate to the European Commission, demanded the right to diverge from which will conduct talks with the UK on EU rules while at the same time securing On 19 February, Defra removed its behalf of the Union, was adopted by the frictionless trade with the EU. Its guidance on ‘regulating chemicals General Affairs Council on 25 February, whitepaper on the UK approach to the (REACH) if there’s no Brexit deal’ clearing the way for UK-EU negotiations negotiations, issued today, says it “will because, it said, the UK left the EU to begin. not agree to any obligations for our laws with a deal”, in reference to the to be aligned with the EU’s”. withdrawal agreement and political The Council’s mandate on general declaration agreed in October. goals in the document’s section on a It wants a comprehensive free ‘level playing field and sustainability’, trade agreement (CFTA) to include However, most commentators are still says common standards must be an annex on chemicals that could using the phrase ‘no-deal’ to mean a maintained in the future because of provide for cooperation between UK failure by the UK and EU to finalise a the UK and EU’s geographic proximity and EU authorities on areas, such as trade agreement before the transition and economic interdependence. To this implementing the Globally Harmonized period ends. At the time of going to end, the future trade agreement should System (GHS) of classification and press, the guidance could still be uphold corresponding high standards labelling of chemicals – but it makes accessed on the Health and Safety “over time” with “Union standards as no mention of REACH. Data and Executive’s website. a reference point” in areas such as information-sharing mechanisms could the environment. be agreed to help businesses meet “the ©vchalup - AdobeStock.com separate regulatory requirements of the By contrast, the same section in the two markets”, it says. Commission’s proposed negotiating position published three weeks ago, The annex, it adds, should also include a says only that common standards commitment to develop an MoU, similar should be upheld in such areas, and to those Echa has with Australia and the agreement rely on “appropriate Canada. But these do not include access and relevant Union and international to Echa’s database. standards”. Cefic and the UK Chemical Industries However, other parts of the Council Association are urging the two sides to mandate make the EU’s objectives in agree on a “high degree of regulatory this area unclear. The environment alignment” that grants UK regulatory and health part of the level playing authorities access to the Echa database field section does not repeat this and allows it to be an “active participant” demand for the UK to meet future EU in the European chemicals agency, albeit standards. Instead, it contains the earlier without voting rights.

4 | Brexit and chemicals regulation: The story so far Cefic, CIA urge close post-Brexit cooperation agreement with Echa

Additional cost of separate REACH regimes ‘expected to be over’ £1bn

19 February 2020 ©theaphotography- AdobeStock.com

Any future partnership between the backing the Commission’s draft decision safety and health standards,” UK and Echa needs to be “significantly setting out negotiation goals, also the paper argues. closer” than the current cooperation highlighted the need for this. agreements between the agency REACH Article 120, the trade bodies and authorities in non-EU countries, Parliament said it considers it “of the say, foresees the potential scenario Cefic and the UK Chemical Industries utmost importance” that negotiators of an agreement on access to data Association (CIA) have said. “explore the possibility of cooperation held by the agency, “providing its between the UK authorities and EU purpose is cooperation on the In a joint position paper, issued just agencies”, including Echa and the implementation or management of weeks before UK/EU trade talks are set European Food Safety Authority. It legislation concerning chemicals and to begin in earnest, the trade bodies also “underlines that the UK will have the third party protects the confidential stress that such a relationship is of no decision-making authority over EU information as mutually agreed”. “paramount importance”. agencies [and] in that context, urges the Commission to define the nature, scope Echa has confirmed, however, that A close partnership is needed due to and limits of this potential cooperation.” none of its five existing cooperation the “highly interconnected nature” of agreements with agencies outside chemical supply chains across the Shared database the trade bloc involve access to EU data English Channel, Cefic and the CIA [see box]. say. The UK, they add, has “directly Cefic and the CIA say that the UK contributed” to generating “the wealth remaining in EU REACH is the only way International cooperation of information” towards over ten years to avoid total market disruption. Should of REACH implementation. that not be possible, they recommend Echa cooperates with non-EU authorities negotiators explore the option of mainly through OECD activities, or under The political declaration setting out the permitting UK regulatory authority a memorandum of understanding (MoU) framework for the future relationship access to Echa’s database to avoid or ‘statement of intent’. stated that both parties will explore doubling of registrations and databases “cooperation” between UK authorities under different REACH regimes. These agreements aim to strengthen and Union agencies. collaboration on “scientific and technical “Sharing the same database is the best matters and other issues of common On 12 February, the European guarantee of a level playing field and interest”, Echa told Chemical Watch. Parliament adopted its resolution which, to keep the same high environmental, “They do not, however, cover access to

Brexit and chemicals regulation: The story so far | 5 Echa’s database but are an exchange • US: statement of intent for cooperating the existing cost of REACH which of information on specific projects on technical issues with the US is estimated at €10bn “with no or activities.” Environmental Protection Agency environmental benefit and potentially (US EPA). forcing duplicate testing including Current cooperation agreements are with: animal studies”. • Australia: MoU with the National £1 billion extra? Industrial Chemicals Notification Brexit negotiators set out their opening & Assessment Scheme (Nicnas) of the In the event of a no-deal, the UK would positions earlier this month. The General Australian Government Department of implement its separate REACH-like Affairs Council is scheduled to adopt Health & Ageing; regime. Having two parallel regulations, the decision authorising the opening of • Canada: MoU with Environment the paper says, risks “triggering negotiations and providing negotiating Canada/Health Canada; substantial disruption” on chemicals directives to the European Commission • Japan: statement of intent concerning flowing both ways, “adding costs, on 25 February. Once it has done technical cooperation with Japanese complexity and burden for business on this, the EU can begin formal Brexit government institutions; both sides”. negotiations – expected in early March. • Switzerland: exchange of letters on scientific and technical cooperation The immediate cost to industry is The UK left the trade bloc on 31 January with the Swiss Notification Authority expected to be over £1bn (€1.2bn), and is in a transition period that is for Chemicals; and it says. This would be in addition to expected to last until 31 December. ©unlimit3d - AdobeStock.com

6 | Brexit and chemicals regulation: The story so far Expert Focus: The road to a UK REACH – what happens next?

Despite industry concerns over the cost of a parallel regime, an independent UK REACH appears more likely than ever say partner Simon Tilling and solicitor Tom Gillett at law firm Burges Salmon. Here they outline the key dates and potential challenges ahead for business

06 February 2020

In January 2019 the government of One of the most important features Further, this concept of a ‘transfer’ will Theresa May published legislation to of EU REACH is the principle of ‘no data, also apply to those companies who took create a UK REACH and chemicals no market’, and this concept – that the prudent step of changing the legal agency. Drafted to provide a regulatory businesses must provide robust data entity to an EU affiliate on their Echa framework and capacity to deliver the about a substance’s hazard properties registrations in preparation for Brexit, functions currently performed by Echa before it can be placed on the market making sure that UK entities are not in the event of a ‘no deal’ scenario, the – is realised through a system of penalised for protecting their access (twice amended) REACH Amendment registration with Echa. to market on the continent.

Regulations continue to offer the best ©NDABCREATIVITY - AdobeStock.com (indeed only) guide as to how That sounds positive. However, there UK chemicals regulations will work is a catch. The UK agency would no after the end of the transition period. longer have access to the substance data held by Echa, and needs to build Of course, on paper, everything is that database itself. Therefore, although still in play in the trade negotiations qualifying EU REACH registrations will between the EU and UK, but our reading automatically ‘transfer’, all transferring of the political and practical reality UK registrants will need to provide is that Theresa May era concepts that data over a period of two years, such as ‘associate membership’ of in two stages: EU institutions are not part of Boris • basic data about the market and the Johnson’s thinking. Moreover, they have substance will need to be submitted never been favoured in the EU, and an within 120 days of ‘exit day’ (on which, independent UK REACH seems the most more below); and probable outcome. • full information appropriate to the registrant’s tonnage band will need What would UK REACH look like? to be submitted within two years.

REACH, which governs the regulation Further, not everyone operating in of chemicals for the protection of the UK market will have access to human health and the environment, the substance data. Under EU REACH, is one of the most complex legislative Under the REACH Amendment it was not necessary to own the data instruments ever created by the EU. Regulations, existing EU REACH studies, only to have purchased the It has long been accepted by the registrations held by UK-based right to refer to existing data (most British government that recreating companies (including only commonly through the letter of the regime within UK law is far from representatives) will automatically access mechanism). straightforward. We explore some of ‘transfer’ and become UK registrations. the potential challenges below: This means that qualifying registrants Such purchases often guaranteed only will not have to re-register their limited rights, and in many cases the Businesses operating in the UK and the substances in the UK, no new fees will right purchased was simply a right to EU will need a separate registration in be payable and they will continue to refer to data studies for EU REACH both markets. have access to the UK market. registration purposes. Such access

Brexit and chemicals regulation: The story so far | 7 rights are unlikely to be sufficient for on safe use within 180 days. Full the differing appeal routes themselves UK REACH registrations. Therefore, registration is then required within two giving rise to different decisions. Our this resubmission of data will likely years (providing time for companies view is that, in keeping with the British have a significant financial impact on to renegotiate access to data from government’s mantra of an independent businesses in the UK market, including EU partners). UK that will make its own decisions, the both those who need to purchase former approach is more likely to be access to data and those who can Businesses should consider their supply mandated from on high. Whether the make financial returns on the data chains, and determine whether there HSE will receive the necessary resources studies they own. will be a need to register as an importer. and expertise is another matter. At the same time, EU manufacturers Those using chemicals supplied should consider whether to register Under EU REACH, the decisions of Echa by EU-27 entities may become through a UK entity or appoint an only can be challenged through the Board of importers representative under UK REACH, to Appeal: a specially constituted appeal ensure continued participation in the board that is independent of Echa and UK businesses that purchase chemicals UK market. has jurisdiction to re-take decisions and from EEA companies might now become come to a different conclusion. Under importers under UK REACH, with a much The roles and responsibilities UK REACH, the appeal route would more significant regulatory role. This is of the relevant public bodies be to the First Tier Tribunal. This is an the logical conclusion to the requirement existing tribunal system that already for a registration in each market, but it The roles and responsibilities of Echa hears regulatory appeals in other areas may well take many UK businesses by will be taken on by the UK’s Health and of environmental protection regulation. surprise. For years, these businesses will Safety Executive. A key issue will be There are some significant differences have been ‘downstream users’ under EU whether the HSE will seek to replicate between the UK tribunal system and the REACH, with limited regulatory roles, and Echa’s workload, or whether it will simply Board of Appeal. Both bodies might at so registration will be a new concept. ‘rubber stamp’ decisions taken by Echa. least consider each other’s decisions, The former gives rise to the possibility especially where the advocates make Again, the REACH Amendment of the two agencies arriving those decisions known to the appellate Regulations provide transitional support at different conclusions, with the body. But those decisions would not to these companies through an interim potential for divergence. If it is the latter, be binding precedent, and it’s highly notification system. Under this, those we may nevertheless see challenges to plausible that different decisions from importing chemicals from the EEA the ‘rubber stamped’ opinions on the each appellate body will give rise to a will need to submit basic data on the grounds that Echa’s opinions should divergence between EU and UK REACH company, substances and information have been given more scrutiny, with over time. ©terovesalainen - AdobeStock.com

When will UK REACH come into force?

The REACH Amendment Regulations currently come into force on ‘exit day’ – drafted as they were in anticipation of a no-deal Brexit. However, thanks to the convoluted way in which the legislation has come into being, understanding the new timeline and wider framework is not easy.

The phrase ‘exit day’ was originally defined in the European Union (Withdrawal) Act 2018 as 29 March 2019 at 11.00pm. However, anticipating that this date was likely to change, the EUWA 2018 allows the government

8 | Brexit and chemicals regulation: The story so far to amend the definition of ‘exit day’ by required) to both bodies. The Is UK REACH inevitable? statutory instrument. There were several mechanism for enforcing this regime amendments to the definition under the appears to remain unresolved. It is anticipated that the REACH (various) European Union (Withdrawal) Amendment Regulations will be updated Act 2018 (Exit Day) (Amendment) During the implementation period in due course so that requirements Regulations 2019 and, ultimately, ‘ to provide information to the HSE (for exit day’ became ‘31 January 2020 During the transition period, EU REACH example) will also be pegged to ‘IP at 11.00pm’. continues to apply to the UK and all completion day’, rather than exit day. registrations, approvals, authorisations The government has a whole year to do This definition of ‘exit day’ flows down and classifications currently in place this so it may be no surprise that this through the subordinate legislation, continue to be valid. This means that has not happened yet. applying to the REACH Amendment the process for registering new Regulations despite those regulations chemicals remains unchanged, and UK Depending on the outcome of the trade not defining the term. However, under companies are still required to register negotiations there may well be other the Withdrawal Agreement Act, the with Echa. UK-based businesses have and more fundamental changes to the REACH Amendment Regulations do the same rights as EU-based businesses REACH Amendment Regulations before not come into force on exit day. to have their cases accepted and December 2020. It may be that the processed by ‘leading authorities’ based government will wait to make all The Withdrawal Agreement Act in other EU member states. the changes in one go. introduces the concept of an implementation period (IP) and the ©eldarnurkovic - AdobeStock.com The industry reaction to recent resulting ‘IP completion day’ – defined government comments about ‘no as 31 December 2020. Subordinate alignment’ with the EU legislative legislation such as the REACH regimes demonstrates that there Amendment Regulations will come into remains little appetite in the industry force on ‘IP completion day’ not exit day. for a parallel UK chemicals regime. The path is now set for UK REACH to In a press release responding to the come into force at 11.00pm on the last general election result, Steve Elliott, day of this year. Chief Executive of the Chemical Industries Association (CIA) said that It is important to note that the changes while the general election provided made in October 2019 to the Northern the “political clarity and certainty” long Ireland Protocol within the Withdrawal sought by business, the task is now to Agreement mean that EU REACH, as “get Brexit right”. This encompasses well as other chemicals and product- not only the terms of future trading related EU law, including those related relationships and attracting and retaining to biocidal products, pesticides and The HSE has confirmed that it will talent, but also the sentiment that it is product safety, will continue to apply no longer act as a ‘leading authority’ in “our environmental and commercial in Northern Ireland for as long as it under the plant protection products, best interests to secure close regulatory “wishes this system to continue”, that biocides and REACH Regulations, alignment with the European Union”. is to say until consent is withdrawn by and that it “will work with affected Given the projected additional costs of the Northern Ireland Assembly. The first businesses to minimise disruption and a parallel REACH regime, industry will consent process will happen four years delay to any ongoing assessments.” no doubt continue to lobby hard for the after the end of the transition period. The HSE will however continue to closest possible alignment. The greatest process product applications under the unknown is of course the extent to which As a result, it is assumed that Northern plant protection and biocidal products those voices will be heard. Irish businesses will need to comply with Regulations for the UK market under the both the UK and EU regimes, including national authorisation route, with new The views expressed in this article are holding registrations at both Echa and applications considered against current those of the expert authors and are not the HSE and making notifications (when EU rules and standards. necessarily shared by Chemical Watch.

Brexit and chemicals regulation: The story so far | 9 Industry reels as UK Chancellor tells them to expect post Brexit divergence

Regulatory compliance ‘non-negotiable’ for market access, says CBA

23 January 2020

Compliance with EU rules is “non- In this sector, he said, a direct The government needs to understand negotiable” if the UK is to maintain post- relationship between regulatory the complexity of the chemicals supply Brexit market access in chemicals, trade framework and trade means compliance chain, said Tom Bowtell, chief executive associations have said, after Chancellor of with REACH is the key to market access of the British Coatings Federation, the Exchequer Sajid Javid told businesses and non-negotiable.“Failure to comply “and come up with an appropriate deal to expect regulatory divergence. is a barrier to market access. Without to prevent – or at least minimise – market access there can be no trade.” substantially added costs or disruption.” Mr Javid’s remarks that “there will not be alignment” sent shock waves through Regulatory divergence “pursues so The chancellor’s comments “raise even industry. “There will be an impact on far unidentified benefits” and risks more concerns” about substantial business one way or the other, some additional border checks, delays and regulatory divergence, after Prime will benefit, some won’t,” he told the costs, Mr Newport added. Some 60% Minister Boris Johnson’s Brexit Financial Times in an interview last of the UK’s chemical exports go to EU deal removed some of the previous week, urging companies to “adjust” to markets, while 70% of imports commitments to alignment in the new reality. are sourced from the EU. chemicals, he added.

His comments, coming weeks before ‘Period of alignment’ And associate director of techUK, negotiations are due to begin on a future Susanne Baker, said non-alignment UK/EU relationship, illustrate the trade The Chemical Industries Association would create significant complexity and offs the government faces between (CIA) said it “continues” to support add costs. “We need clarity as soon as harnessing Brexit’s promise of more regulatory alignment with the EU. It has possible regarding the UK’s intentions sovereignty and maintaining access to restated that abandoning the EU REACH with respect to chemicals so downstream the EU market. regime and establishing a UK one would users have sufficient time to plan.” cost at least £500m and would have European Commission president Ursula “little, if any, environmental benefit”. Meanwhile, the devolved Welsh von der Leyen has made clear on several government published its priorities for a occasions that tariff-free trade depends However, in a sign it may have adopted a future UK/EU relationship. The UK must on regulatory alignment, reiterating the more conciliatory approach, it is advocating have “the fullest access to EU markets EU position that the UK “cannot have its a “period of alignment” with the EU. without tariffs and non-tariff barriers cake and eat it”. must be minimised”, it said, stressing Beyond Europe “we need a global that it wanted “dynamic alignment” and Mr Javid did not say in which sectors framework” and the European continued membership of Echa. the UK might seek to part ways with framework is the most globally the EU. But his comments were a major influential regime, the CIA says. “Like Industry flight setback for the chemicals industry, government, we want to export from which has fought for close alignment the UK to all parts of the world and A significant number of UK companies in with REACH in three years of talks with a regulatory framework will help, not the chemical supply chain have created the government. prevent that from happening.” subsidiaries in EU27 member states – with premises and employees – to Suggestions of divergence “do not take Others in industry also appear to have guarantee regulatory compliance and account of the situation facing highly somewhat softened their stance. The maintain market access, the CBA said. regulated areas of the economy” such CBA says it should be possible to abide as chemicals, said Peter Newport, chief by EU requirements and at the same Others have transferred key products to executive of the Chemical Business time have “national-only derogations” in EU-based companies and “we are aware Association (CBA). certain areas. of European-owned chemical companies repatriating products.”

10 | Brexit and chemicals regulation: The story so far Newly elected UK government pressed to secure post-Brexit EU regulatory alignment

Harmonisation key to ensure REACH and Echa membership

16 December 2019

The re-elected UK government is facing ‘Best interests’ In earlier withdrawal negotiations, fresh calls from the chemicals sector to former UK prime minister Theresa ensure the UK’s regulatory framework Steve Elliott, head of the UK’s Chemical May had been seeking an ‘associate mirrors that of the EU’s after Brexit. Industries Association, said it is in “our membership’ with Echa. environmental and commercial best The 12 December general election interests to secure close regulatory Reacting to the general election result, result saw the Conservative party alignment” with the EU. It is also vital, Peter Newport, chief executive of returned to power with a sizeable he said, to “ensure that we can continue the Chemical Business Association, majority – meaning prime minister to attract and retain the very best skilled, welcomed the political certainty. Boris Johnson can now proceed specialist people from anywhere around However, he said, the importance of relatively unopposed with his plans the world”. negotiating a trading relationship that for withdrawal by 31 January. gives the chemical sector frictionless Echoing Mr Elliott’s comments, Kate access to EU markets “cannot be Parliament is expected to swiftly Young, Brexit campaigner at NGO underestimated [...]. The preservation of approve Mr Johnson’s deal, agreed with CHEM Trust, said it is “essential that the this trade and the regulatory alignment the trade bloc in October. Discussions UK stays as close as possible” it requires will, from the industry’s on the details of the future EU-UK to EU REACH after Brexit to ensure perspective, decide the long-term trading relationship should start in “the best protection” of health and the success or failure of Brexit.” February, once the EU27 governments environment. have agreed the basis of the Union’s In the run up to the Brexit deadline, negotiating position. It is clear, she added, that in order to the government has been working on be involved in the REACH system the a chemicals strategy for England, due Mr Johnson insists the talks can UK “must accept the need” to continue in 2022. So far it has not said if it will be finalised by the end of 2020 – when to align with the EU’s chemical-related address the issue of the UK’s alignment the expected transition period is due to laws. The EU27 “may [then] accept with EU standards. end. But the parties could extend this to continued UK involvement in Echa and give more negotiating time, or dialogue UK business would then benefit from The Environment Bill, published in could fail, resulting in a no-deal and the continuing to be in the REACH system. October, gives the UK environment UK moves to trading with the EU on minister powers to amend UK REACH WTO terms. “Any suggestion of divergence or even and its enforcement Regulations. NGOs just ’non-regression’ with current rules fear this might be used to weaken The chemicals industry is not happy that will rule out REACH membership with chemical standards. the final text of the deal saw references negative impacts for industry.”

to “level playing field protections”, such ©tanaonte - AdobeStock.com as environmental standards, removed from the legally binding withdrawal agreement and put in the political declaration – and will only apply until the end of the transition period in 2020.

Worries that the Johnson government wants the UK to diverge from EU environmental standards, have not been eased by US president Donald Trump’s post-election promise that he will seek a “massive” Brexit trade deal with the UK.

Brexit and chemicals regulation: The story so far | 11 Brexit: Echa will keep non-transferred UK registration data

Information on revoked REACH registrations will be publicly available

14 November 2019 ©whyframeshot - AdobeStock.com ©whyframeshot Echa will retain data on any UK REACH registrations that have not been transferred to EU entities in a no-deal Brexit and make them available to the public “for certain purposes”, the agency has said.

REACH stipulates that registrants must be established in the European Union. In a no-deal scenario, registrations held by UK legal entities would become void in the Echa system if they have not been transferred to an only representative or importer based in the EU27 or EEA.

According to the latest figures, the Department for Environment, Food and Transfers transfer process is yet to be initiated Rural Affairs (Defra) urged registrants for more than 700 such registrations to download the necessary information Cefic said many UK companies were out of a total of 1,800. Last month, the from Echa in good time. waiting to initiate the transfer as soon head of the UK’s Chemical Industries as there is more certainty about Brexit. Association (CIA) urged a level-headed Echa said non-transferred UK approach to transfers. registrations would be flagged as “Most of these registrations will be “invalid”, meaning the information transferred when the Brexit date is Echa said it plans to revoke the cannot be used to put together clearer in case of a no-deal Brexit, or at registration numbers from non- registration dossiers or to gain access the end of the transition period if a deal transferred dossiers. This will allow joint to the market. has been reached,” Cefic said. registrants of the substances, as well as downstream users and the public to see However, they can be used under Both Cefic and the UK’s CIA have which registrations are no longer valid “certain conditions and for certain been raising awareness among their after Brexit. purposes”, it added, for example to members and downstream users. improve product safety, including For the data on those registrations, the development of safety data EU downstream users have spoken however, Echa said “our plans are to sheets, or by authorities for reference about the challenges they face in a keep it, both in our systems and or academia for research. no-deal scenario, accusing the European publicly available”. Commission of abandoning them by The threat of an imminent no-deal Brexit refusing to grant a three-year transitional The reason, it told Chemical Watch, is has diminished with the UK preparing for period to register substances imported that the substances may still be on the a general election, the outcome of which from the UK. EU market and information on their will determine whether or not a deal can chemical properties may still be relevant be agreed and approved in parliament by Echa says downstream users will for the public. the new Brexit deadline of 31 January. be able to find on its website which registration numbers are revoked. If they The clarification will allay concerns However, no deal is still a possibility will be using the substance, the agency that UK registrations would “disappear and concerns remain. said they should find a different supplier off the system” at the point of exit. or become an importer themselves. Last month, a senior official at the UK’s

12 | Brexit and chemicals regulation: The story so far UK REACH-IT joint registration functionality on the way – Defra

‘Top priority’ following no-deal Brexit critical provisions, workshop hears

24 October 2019 ©bnenin - AdobeStock.com

The UK’s Department for Environment, Earlier this month, Chemical Industries substance, Ms Edwards added. “That Food and Rural Affairs (Defra) has Association (CIA) head Steve Elliott is a process we need to go through confirmed that it is “now on the journey” said he has been pushing for joint after exit and to develop further IT to facilitate joint registrations in its no- registration capability in a UK REACH functionality in order to enable that.” deal Brexit UK REACH-IT system. system to ensure alignment with the EU and that costs and testing The government is looking at the “best Speaking at a joint Brexit workshop are minimised. ways” to assign lead registrants, “but it held with the Health and Safety won’t be based on necessarily someone Executive (HSE) in Liverpool yesterday, Since finalising critical functionality in just claiming it”, the HSE’s James Defra’s deputy director for chemicals the UK REACH-IT system, Defra has Lloyd said. “The idea is that, once you Gabrielle Edwards said “a lot of work” on further developed it “particularly to re- are in the substance group, you have processes is needed before it is ready. orientate it to support joint registrations contact details of others and work out and to turn it round to have a substance- who should be the lead registrant. The “We know there’s a whole minefield of centric approach”, Ms Edwards said. precise mechanism for that has not stuff around joint registrations and if we been developed yet.” leave the EU we know [joint registration Last month Defra tested this approach functionality] is the top priority.” with about 40 industry representatives The issue of tackling two registrations using the system. This exercise followed being made for one substance was She added that while Defra “has always an earlier session back in February with also raised. This could happen when been clear” that it wants to replicate joint more than 100 industry users. a company from outside consortia registrations as they currently happen ‘mines’ Echa data and submits its in the EU, the government has had to The September event resulted in “some own registration. focus on delivering critical day-one positive feedback [with users] saying functionality, including: they understand it and it is easy to use, Ms Edwards said that Defra and the HSE • registration of existing UK-held recognising we’ve done a lot of work “need to make sure, as we develop that registrations via grandfathering; to try and take onboard comments of joint registration capability, that we have • submission of downstream user previous testing”, she said. got the right control over how people import notifications; and can access and how people are invited • submission of new substance Lead registrant to share and what is visible – that has registrations and product and process not been developed yet”. orientated research and development At this stage, the IT system does notifications (Ppord). not record the lead registrant of a

Brexit and chemicals regulation: The story so far | 13 EU communication general Brexit-related enquiries, while specific or complex questions will be Defra no-deal One delegate raised the question forwarded to Defra and HSE experts. preparation of levels of communication and recommendations cooperation between the UK and the The new service is an addition to, and EU in preparing for a no-deal withdrawal. not a replacement of, the HSE’s existing Ms Edwards issued some advice to Ms Edwards said there had been some helpdesk service. companies ahead of a potential no- “targeted activity” including a workshop deal exit. Companies need to identify on 22 October in Brussels. This took It has been an eventful week in the UK the chemicals they manufacture, place at Cefic’s HQ with around 20 Parliament. While a majority of MPs sell or use and their regulatory people from companies and chemical or backed the new Withdrawal Agreement responsibilities with respect to those downstream user associations attending. Bill on 22 October, ultimately they substances on the UK market, rejected the three-day timetable in she said. Defra presented its UK REACH which to scrutinise it. provisions and engaged in a Q&A They should check contingency plans session. “We were quite pleasantly It is now for the EU to decide whether across the supply chain to understand surprised by their understanding about or not to grant an extension beyond what information they may need to the requirements needed to continue the current 31 October deadline. It provide to maintain UK and EU to import in the UK,” Ms Edwards said. has been suggested that this could be market access. She added that UK REACH requirements extended to 31 January. This extension And they should consider appropriate have been translated into several can be terminated when or if a Brexit actions if the status of the existing EU languages. deal is ratified. EU REACH registrations for authorisations could change. New helpline In the meantime, in a UK parliament debate today prime minister Boris Ms Edwards admitted Defra does Defra and HSE also informed the Johnson said he will give MPs more time not know what Echa will do with UK Liverpool workshop about a new UK to debate his Brexit deal if they agree to registrations at the point of exit and chemicals helpline, which will open on a 12 December general election. "it is possible they will all disappear 1 November and run from 09.00-17.00 off the system". She therefore urged GMT Monday to Friday. It will deal with registrants to download the necessary information from Echa in good time.

14 | Brexit and chemicals regulation: The story so far Brexit concerns confirmed by UK government- commissioned report

Industry survey findings see light of day after Chemical Watch freedom of information request

Rising costs, falling competitiveness, from the UK market; and expensive process given the significant regulatory divergence and supply chain • increased costs from potential investment UK businesses have already disruption, are just some of the UK tariffs that could make UK industry made under EU REACH.” chemical industry’s Brexit concerns uncompetitive. highlighted in a report produced for the Having to comply with UK Department for Environment, Food UK chemicals trade bodies said the two separate regimes, and Rural Affairs (Defra). report, which was based on interviews is ‘likely to weaken the with 48 chemical firms early this year, Sent to Chemical Watch after our confirms what their members have competitiveness of UK freedom of information request last been telling them. Chemical Business manufacturing industry, month, it confirms a litany of industry Association chief executive, Peter do nothing to improve our concerns first highlighted by our survey Newport, said it “demonstrates that the environment and result in last year, as well as last year’s warning industry has no great appetite to diverge the loss of key chemicals’ from the government’s National Audit from EU rules that currently provide Office that Defra was “ill-equipped” to frictionless trade for sophisticated Тhe CIA address all of the risks of a no-deal integrated supply chains. Brexit. This, it added, is “likely to weaken the “There is a clear link between regulatory competitiveness of UK manufacturing Key concerns of the report Monitoring compliance and market access that industry, do nothing to improve our the impact of EU exit on chemicals applies to all international trade – environment and result in the loss of key businesses include: particularly in chemicals. In terms of chemicals essential to our industry, key • potential long-term divergence from Brexit, around 60% of the UK’s chemical customer industry and to consumers”. EU regulations, causing possible exports are sold to EU markets.” duplication of work and lower quality UK manufacturing trade bodies continue goods to enter the UK market; Competitiveness threat to warn the government against the • difficulty to plan because of the dangers of backtracking on regulatory political uncertainty; The Chemical Industries Association alignment. Under a no-deal Brexit, • supply chain disruption, particularly at (CIA) said the study confirmed many of the UK will set up its own version of British ports; the problems the sector has raised in REACH, and the concerns highlighted • prohibitive re-registration costs, relation to UK substance registrations. by the report – the costs of duplicate leading to some substances, articles Having to comply with two separate registrations, functionality of the UK’s and mixtures possibly disappearing regimes would be a “complex and

Brexit and chemicals regulation: The story so far | 15 new IT system and the timeframe in “If it costs another £30-40k to re-register The report did find that some of the which companies will be required to act these substances in the UK, then it will companies questioned could see – have not gone away. be hard to justify.” benefits to Brexit – including the possibility of taking a “more risk- The report highlights the potential Another effect on availability could based” approach and potential for less cost of re-registering substances be caused by the short timeframe for burdensome requirements outside under UK REACH as ranging from preparing UK registrations envisaged of REACH. But when asked what “a few hundred thousand pounds once the UK leaves the EU. As one opportunities could arise, it says, most ... to a maximum of €65m for those interviewee said: “The sheer number responded that “they could not, or would interviewees whose companies have of registrations will be an issue in struggle to, identify any.” Those that were large substance portfolios.” the short timeframe. We will have to mentioned were outweighed by prioritise. We will have to select our the potential detrimental effects, One interviewee told the study highest priority substances to re-register including increased bureaucracy and researchers that under a no-deal first and this could have an impact on additional animal testing to comply scenario, his company’s ability to re- some supply chains which we deem to with the requirements of a UK version register a substance under UK REACH be less important.” of REACH. will depend on the associated cost:

Key findings

Uncertainty – planning has been difficult and limited the extent Competitiveness – potential loss of sales caused by to which companies have been able to commit to action. higher tariffs, costs of re-registering substances, delays There is concern over the potential impacts related to longer- in moving goods; term divergence; Efficiency – there were some suggestions of ways to improve Lack of viability for registration of full range of EU REACH efficiency, for example through reducing the administrative registered substances – for chemicals where the value of the UK burden on companies associated with registration; testing market is relatively small, the cost could be prohibitive and some and data sharing; only insisting on full data submission for substances (and mixtures/articles containing them) could be substances of concern with a phased approach from most to withdrawn from the UK market; least; and avoiding duplication by accepting registrations that are already in place; and Challenges around UK registration – concerns included the IT architecture and its functionality; data access; stakeholders’ Advantages or disadvantages – some potential opportunities for ability to contact other potential registrants as part of a joint gaining competitive or revenue advantage were mentioned but registration/Sief process; the short timeframe for making these were outweighed by the risks that companies face under registrations; and whether the UK agency would be a ‘no deal’ EU Exit including: lower quality products entering the adequately resourced; UK market; divergence from REACH leading to confusion and lower levels of compliance; duplication leading to additional Potential tariffs – concerns focused on possible tariffs that might costs and bureaucracy for companies located in the UK and for be applied to imports and/or exports. And there were fears EU companies which supply products to UK customers; and UK companies might not be able to compete with products more animal testing. produced within the EU, or imported there from low cost economies such as China.

Supply chain disruption – for example from delays/congestion at UK ports;

16 | Brexit and chemicals regulation: The story so far Brexit: UK manufacturers warn against backtrack on EU regulatory alignment

‘Taking back control of UK regulation’ rhetoric sends unease across key sectors

17 October 2019

*Note: see related Stop Press box at the Citing the letter, BBC journalist Andrew that this would be the worst case scenario end of this article on latest negotiation Marr highlighted its point that “regulatory for manufacturers and would mean job developments divergence poses a serious risk to losses, new tariffs, regulatory differences manufacturing competitiveness and will and the end to frictionless trade with EU As Brexit negotiations intensified this result in huge new costs and disruption countries. In a new report, the National week across the English Channel and to UK firms”. It could also “risk consumer Audit Office estimated last week that Irish Sea ahead of the current 31 October and food safety and confidence,” the its ‘reasonable worst-case scenario’ is deadline, British industry groups pressed letter says. currently that only 30-60% of road hauliers the government for stronger assurances would have the necessary documentation that it will keep its pledge of pursuing Mr Marr put these concerns to Home in place to be able to cross the border regulatory alignment in any future trade Secretary Priti Patel in a live TV between England and France from 31 deal with the EU after exit. programme on Sunday. In response, she October. It also noted that: “Many of the said the government would continue new arrangements the government plans Such a deal will need to be negotiated to work with businesses to cover all to implement at the border to facilitate at some point regardless of whether the eventualities, including no deal. She did flow on day one would be temporary, government succeeds in agreeing an not refute that the government’s aspiration and it will take some time for a fully interim withdrawal deal with the EU and was to have control over regulation and functioning border to be put in place.” gets the backing of the UK parliament, tax, instead stressing opportunities to or the UK leaves without a deal. pursue trade agreements with the rest Aerospace body ADS told Chemical of the world as well as the EU. Watch: “We have seen today that the Manufacturers’ concerns have mounted revised Political Declaration contains over recent weeks as government Speaking to the European Parliament on 9 some of the same wording as the officials have held back from giving such October, the EU’s chief negotiator Michel original Political Declaration on future UK assurances, and UK government rhetoric Barnier confirmed that UK prime minister cooperation with the European Chemicals has instead stressed the need to achieve Boris Johnson had “asked us to remove Agency, which is welcome. a ‘best in class trade deal’ with the EU and the reference [in the current Political “take back control of regulation” according Declaration] to a level playing field – a very “However, we do now need to understand to industry sources. important point – which we agreed with the detail and any proposed differences Theresa May. These are the ground rules, in the government approach towards Last weekend the BBC revealed it had a foundation of rules in the area of tax, regulatory alignment in this area and in seen a letter sent to senior government state aid, social rights, environmental and aviation safety, which is clearly another ministers Michael Gove and Steve consumer rights.” vital area for our members. We will be Barclay by the chief executives of five looking carefully at further statements industry bodies: Chief executive of the CIA, Stephen Elliott, from the government around this issue.” • the Chemical Industries Association confirmed the concerns to Chemical (CIA); Watch, noting that chemicals-related In the meantime, British authorities • the Society of Motor Manufacturers industries had consistently advocated have been stepping up efforts to inform and Traders (SMMT); for UK alignment with EU chemicals laws companies in the UK and EU about no- • the Association of British and Echa’s decision-making over the last deal arrangements, including at Chemical Pharmaceutical Industries (ABPI); few years. This had resulted, for example, Watch’s Regulatory Summit in Brussels • the Food and Drink Federation (FDF); in such needs being highlighted in a key this week. The government presented a and speech given by Ms May in March 2018. joint departmental webcast yesterday • the Aerospace, Defence, Security and which can be replayed. Space Group (ADS). Despite working hard with companies to prepare for the possibility of leaving the EU without a deal, Mr Elliott argued again

Brexit and chemicals regulation: The story so far | 17 STOP PRESS:

As Chemical Watch went to press on 17 In the new Political Declaration the text (cut implementation domestically,enforcement October, European Commission President and pasted below) specifically concerning and dispute settlement as part of the future Jean-Claude Juncker tweeted that a deal level playing field aspirations is different relationship. on a new Withdrawal Agreement which to that in the earlier agreement. One of includes a solution on how to address the key changes is the omission of any October 2019 agreement: Northern Ireland’s customs standing and reference to the detailed ‘level playing field’ a new Political Declaration had been arrangements described in the Withdrawal XIV. Level playing field for open and fair agreed by EU and UK negotiators. Agreement. This may be important competition. because Annex 4 of the agreement Mr Juncker said the latter had asked to specifically includes a clause on the ‘non- Given the Union and the United Kingdom’s reopen the Political Declaration in order regression in the level of environmental geographic proximity and economic to adjust it to “reflect the different level of protection’ and a commitment to respect interdependence, the future relationship ambition now sought by the government the precautionary and polluter pays must ensure open and fair competition, of the United Kingdom for the country’s principles among others. encompassing robust commitments to future relationship with the European ensure a level playing field. The precise Union”. In a subsequent press statement, However an earlier clause in the Political nature of commitments should be he elaborates: “The main change in the Declaration concerning the regulatory commensurate with the scope and depth Political Declaration relates to the future aspects of economic partnership has not of the future relationship and the economic UK-EU economic relationship where the been changed. It includes pledges to build connectedness of the Parties. These current UK government has opted for a and go above WTO standards on technical commitments should prevent distortions of model based on a Free Trade Agreement. barriers to trade (TBT) and sanitary and trade and unfair competitive advantages. [The Declaration] provides for an ambitious phytosanitary (SPS) measures. The clause To that end, the Parties should uphold FTA with zero tariffs and quotas between also notes both the EU and UK’s desire to the common high standards applicable the EU and UK. It states that robust explore the possibility of cooperation with a in the Union and the United Kingdom commitments on a level playing field number of EU agencies, including Echa. at the end of the transition period in the should ensure open and fair competition. Changed ‘level playing field’ texts in the two areas of state aid, competition, social and The precise nature of the commitments Political Declarations: employment standards, environment, will be commensurate with the ambition climate change, and relevant tax matters. of the future relationship and take into The Parties should in particular maintain account the economic connectedness and November 2018 agreement: a robust and comprehensive framework geographic proximity of the UK”. for competition and state aid control that XIV. Level playing field for open and fair prevents undue distortion of trade and The documents will now be put to the UK competition. Parliament at a special sitting on Saturday competition; commit to the principles of 19 October. Their approval hangs in the The future relationship must ensure open good governance in the area of taxation balance with the Democratic Unionist Party and fair competition. Provision to ensure and to the curbing of harmful tax practices; of Northern Irish MPs saying early morning this should cover state aid, competition, and maintain environmental, social and on the 17th that it could not support the social and employment standards, employment standards at the current high deal as it was at that time. environmental standards, climate change, levels provided by the existing common and relevant tax matters, building on the standards. In so doing, they should rely The European Council needs to level playing field arrangements provided on appropriate and relevant Union and endorse both documents and before for in the Withdrawal Agreement and international standards, and include the Withdrawal Agreement can enter commensurate with the overall economic appropriate mechanisms to ensure into force, it needs to be ratified by the relationship. The Parties should consider effective implementation domestically, European Council with the consent of the the precise nature of commitments in enforcement and dispute settlement. The European Parliament. relevant areas, having regard to the scope future relationship should also promote and depth of the future relationship. These adherence to and effective implementation The changed Withdrawal Agreement commitments should combine appropriate of relevant internationally agreed principles essentially incorporates a detailed protocol and relevant Union and international and rules in these domains, including the and technical adaptations to Articles 184 standards, adequate mechanisms to Paris Agreement. and 185 in order to define new trading ensure effective arrangements concerning Northern Ireland.

18 | Brexit and chemicals regulation: The story so far Brexit: Cefic concern at low level of REACH registration transfers

Only half of UK dossiers transferred, 700 substances ‘risk not being available on the EU market’

04 September 2019

Cefic and the UK’s Chemical Industries Cefic, Commission advice “We know that many companies have Association (CIA) have warned that, in made preparations for a potential the event of a no-deal Brexit, more than In its Communication published transfer, but are waiting for more 700 substances may not be available today – Finalising preparations for the certainty [...]. In the meantime, effective on the EU market if British companies withdrawal of the United Kingdom from communication throughout chemical have not transferred their REACH the European Union on 1 November supply chains remains crucial to registrations to entities in the trade bloc. 2019 – the Commission said the ensure that downstream users are fully following entities in the UK that supply informed about the availability of their Their warning comes as the European substances or mixtures in the EU27 raw materials after Brexit.” Commission revealed today that as of need to “take the necessary steps” to mid-August, only 52% of dossiers had ensure regulatory compliance for their UK developments been transferred. EU downstream users: • REACH authorisation holders; On 3 September UK MPs won a key vote In July, new UK prime minister Boris • applicants for REACH authorisation; by a majority of 27 to seize control of the Johnson pledged that the country would and parliamentary agenda. This cleared the leave the trade bloc by 31 October with • downstream users in the UK. path for them to start debating a bill that or without a deal. This threat has not, could block a no-deal Brexit. Sources however, translated into a surge of And it advised EU27 downstream users have said Mr Johnson would seek a REACH registration transfers via Echa’s of such UK entities to verify with their general election if this passes. Brexit window in the REACH-IT system. suppliers that the relevant products will be compliant with regulations by In August, a major report by the UK UK companies have been making the 31 October. They should, it added, “take Parliament’s Brexit select committee switch since the window opened in measures of their own as appropriate, said that the chemicals sector would be March. In an update to Chemical Watch, making use of available guidance”. among those hardest hit by a no-deal Echa said that, as of early September, Brexit. approximately 5,600 registrations had The EU executive stressed that been moved over. This is only about 400 regulatory compliance is “critical to Earlier in the month the Chemical more than the figuresfrom April. continue placing chemicals on the EU Business Association (CBA) wrote to market from the withdrawal date”. the newly appointed secretary of state The agency said it received few for the environment, Theresa Villiers MP, questions about Brexit during the Cefic and the CIA say they continue to to highlight concerns about UK REACH summer period, and these mostly “advise and encourage” businesses on and the potential impacts of leaving the concerned technicalities related to preparing for Brexit. EU without an agreement. legal entity changes. It said it will be “reactivating” its communication for But they say that while Echa’s advice companies soon and expects, as a is for companies to “initiate” transfers consequence, an increase in registration before exit day, “this situation does transfers. mean that over 700 chemical substances risk not being available on The Brexit window will remain open until the EU market after 31 October, in case 31 October, when the UK is expected to of a no deal Brexit. leave the trade bloc.

Brexit and chemicals regulation: The story so far | 19 UK industry urges new prime minister Johnson to avoid no-deal Brexit

Regulatory consistency needed to prevent ‘damaging climate of uncertainty’

25 July 2019

The UK chemicals industry has pressed The Chemical Industries Association members’ preference was for new prime minister Boris Johnson to (CIA) said it “stands ready” to work with a negotiated withdrawal from the EU. work “constructively and urgently” to the new prime minister, but urged him avoid a no-deal departure from the EU. and his government – along with the “In the event of a hard Brexit our EU27 governments – to secure a deal members remain concerned as to the Mr Johnson, who won his Conservative in the coming months. workability, affordability and therefore party’s leadership election this week, sustainability of the UK REACH statutory took office on Wednesday with a Delivering frictionless tariff-free trade, instrument,” it said. CBA has not been promise of a new Brexit deal with the regulatory consistency and access in contact with Mr Johnson or his bloc, but warned that Britain would leave to skilled people will help remove the campaign team, it added, and the CIA by the 31 October deadline even without “damaging climate of uncertainty”, the did not confirm whether it had. a deal – “no ifs or buts”. CIA said. Sixty percent of exports from the chemical and pharmaceutical sector The REACH SI, which will come into Mr Johnson’s rise to power and his it represents go to the EU, with 75% of force in the event of a no-deal Brexit, appointment of a cabinet dominated imports coming from the Union. requires companies to submit a full data by Brexiteers increases the odds of package within two years to register a no-deal Brexit. However, his party’s Workability concerns their chemicals in the UK. The timeline slim majority in parliament, where has been strongly criticised as many UK some MPs have vowed to prevent The Chemical Business Association businesses rely on EU-generated data this outcome, indicates that the (CBA), the voice of many small- and and would struggle to gain access. constitutional crisis is not over medium-sized businesses, said its policy and a general election is possible. position remained the same and its © hedgehog94 - AdobeStock.com

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