Lobbying

2022 began where 2021 left off, with an ongoing set of issues we need to lobby on to help prevent, influence or re-shape overzealous government proposals from various directions. An update on a selection of these is set out below.

At the start of the year, a proposal to amend the Misuse of Drugs Act, and its possible substantial impact on a large part of the BCF membership, came onto our radar. The Government’s aim was to clamp down on the availability of GBL and BDO, as they can be converted to GHB when ingested. This was to be achieved, in part, by requiring legitimate users of those substances to obtain licences, which in turn would require onerous restrictions. The problem was, the way the legislation was drafted would have seen anyone selling or using mixtures containing these substances included in scope, including many thousands of printers using BCF members’ inks. BCF reacted swiftly and engaged in some frantic lobbying, in conjunction with other organisations like the Chemical Business Association, to make the Home Office recognise that what they were asking for from legitimate business users of GBL and BDO was disproportionate to the risk of illegal use. On 21st April we finally received notice that the Home Office will now revoke the regulations and look to table new legislation for implementation in March 2023. In the meantime, there will be consultation with industry to ensure the final position is proportionate as well as effective. This will mean that users of ‘neat’ GBL will still require licences and adhere to the restrictions of those licences, but it is likely that most industrial mixtures containing GBL will be exempted. The precise definitions will be developed through the previously mentioned consultation . We will continue to engage with the Home Office in the development of the new legislation and will carry on keeping you informed and seeking your input throughout.

In February, the National Poison Information Service (NPIS) sent an email to some businesses indicating that – contrary to all we had been told by various Government Departments in the run up to and after Brexit – that Annex VIII of the CLP had been introduced into GB law after all. This would require the UK Poison Centre to be notified with a Unique Formula Indicator number for all hazardous mixtures, backdated to the day the UK left the EU. It would appear that this might have been ‘accidentally’ introduced through some bureaucratic legal oversight when the Brexit leaving date was delayed. However, subsequently, the NPIS website has put up a message saying the situation is under review and the HSE and Gov.UK websites continue to advise businesses they can carry on voluntarily submitting SDS’s, as we expected was the case postBrexit. At time of going to press there had still not been an official statement from the Department of Health and Social Care (which includes NPIS and Poison Centre Notifications in its remit) setting out what the position is. BCF is keeping on top of the situation and feeding into Government the consequences to the coatings sector should Annex VIII actually be introduced to GB. If there are attempts to implement it in GB we will, of course, be pushing for its exclusion, as we were told would be the case initially. We will keep members updated on this topic.

One of the issues that affects many BCF members is the reduction of available active substances to use as preservatives. The EU BPR has seen a gradual erosion of those products available for use in coatings and decisions continue to be made in the same stifling direction. Early in 2022 our partners in Europe - the European Council of the Paint, Printing Ink, and Artist’s Colours Industry (CEPE) – launched a new campaign, Coatings Need Preservatives. It explained how recent regulation is impacting on the coatings sector, and how this in turn will lead to an increase in spoilt paint

products and a need for more frequent repainting, which directly contradicts the EU’s green and circular economy ambitions. The campaign calls for the EU to take a more holistic and proportionate approach in future. The BCF played a role in designing and promoting the campaign and we hope it will help change attitudes within the EU in future. On the same subject, over here in the UK we have been proactive, beginning conversations with the HSE about how the direction of the GB BPR will develop in future. We will continue to have dialogue on this subject over coming months.

Two of the issues we have simply not had time to deal with over the past couple of years – largely due to Brexit and Covid-19 – has been the need to press for proper application of the rules on selling of professional industrial use products via online sales platforms, and the need to stop the illegal use of solvent-based basecoats in vehicle refinish. Both are a level playing field issue for our members – who do comply with the rules when others don’t – but also a reputational issue for the industry more widely. 2022 is the year these issues come out of the in-tray and start to be actioned, directly through the coatings sector but also through engagement with Defra, HSE and other stakeholders as appropriate.

And, of course, carry-over from last year were our efforts to reshape UK REACH. We were delighted in December when Defra announced they were delaying the registration phase of UK to allow discussions to take place on different models to that currently legislated for. It looks like the first registration phase – for substances of more than 1,000 tonnes and SVHCs – will be put back to 2026, three years later than originally planned. The 100t and 10t thresholds will also be delayed, although we are not currently sure by how much. The move towards a new model is extremely welcome. It is not always easy (to put it mildly) to change government policy once it is set. However, the coordinated communication by industry, explaining just how onerous and costly the original plans for UK REACH would be to British business, ultimately paid off. Defra is now consulting again on possible alternative options, hopefully which will not mean a registration process that requires full data dossiers to be submitted for each substance used in the UK. BCF has a position on the policy oversight group, as well as the working group looking at more technical aspects of any future policy. We know we need to remain vigilant over the coming months to make sure whatever new UK REACH policy is developed, it does not unduly impact on downstream users of chemicals like our members in the coatings sector.

Finally, I just want to thank the many members who have engaged with the public affairs, regulatory and marketing teams over the past year as we have collectively lobbied and campaigned. Your help in providing practical case studies, detailed background information, being prepared to meet or speak with us, or respond to surveys and consultations, is all vital to our work and is gratefully received. We know there is a lot going on at the moment, and that your time is probably more at a premium than ever. But your input and feedback genuinely does make a difference and, ultimately, enables us to better make the case for you and the wider coatings sector.

David Park

BCF Public Affairs Manager