Brexit Date (UK & EU Brexit)

I posted a few days ago, and updated that post online, about the Exit day and the Brexit date.

The Brexit date in international law is 12th April, and the Exit day in UK law is 12th April.

Today, as expected, the UK did not meet the terms of the later Brexit date offered by the EU of 22nd May.

In addition, the EU-UK Withdrawal Agreement and Political Declaration package is not ratified.

The EU has called an emergency sitting of the European Council on 10th April. At this the EU27 will consider any representation made for another later Brexit date.

EU Commission: ‘No deal on April 12 is now a likely scenario. The benefits of the Withdrawal Agreement, including a transition period, will in no circumstances be replicated in a no deal scenario. Sectoral mini-deals are not an option.

Brexit Law List (UK Brexit)

Civil servants across the UK Government have now laid all the Statutory Instruments (SIs) necessary under the EU Withdrawal Act.

Over 10,000 new pages of legislation are created.

We are updating the Brexit Law List as these are available in the public domain. It is a relief to know that the production of new instruments has now finished, and we await enactment of all instruments.

As I said in a Blog post yesterday or the day before, we will commence processing these Brexit Laws shortly into the EHS Legislation supplies in the Registers and Checklists, and before 12th April.

Given the size of the task, we expect this job to take at least 2019.

Please keep following the Blog posts for information. I have created a new Blog Category in the Archive – UK Law Deficiency Correction Process.

Waste Storage and Shipment (UK Brexit)

Yesterday DEFRA issued a reminder to companies to check their waste movements and environmental licences and exemptions (as respects waste).

This reminder is here.

If you or your business collects, transports or stores waste that is due to be exported to the EU, your existing permit or licence still applies and you are expected to continue to meet its conditions.

Given anticipated disruption at some ports, you should make a plan to minimise any impacts on your business:

• review your own capacity and how long you can store waste on your site

• identify alternative storage facilities that could accept your waste

• assess if there are other export routes to market that avoid impacted ports

• identify any alternative recovery or disposal routes for your waste

• contact your haulage operator to discuss any potential changes to transport plans

If you do change your export route, you will also need to change your export notification. This must be agreed by the UK and overseas competent authority. In England, you can contact the Environment Agency for advice, or contact the equivalent competent authority if you are in Scotland, Wales or Northern Ireland.

If you have to keep additional waste on your site for longer than expected, you will need to consider any resulting environmental risks and take steps to keep these properly controlled.

Your contingency plans need to be compatible with the requirements on your permit. In England, if you are unable to make adequate contingency plans you should contact the Environment Agency for advice.

Exit Day (UK Brexit)

UPDATE (2) : the Statutory Instrument was enacted last night. The exit day in UK law is now changed to 12th April (or 22nd May), and is now aligned with the Brexit day of 12th April in international law.

The later date of 22nd May applies if the EU-UK Withdrawal Agreement (package) is ratified by the UK Parliament (unlikely).

UPDATE : this information note is issued along with the SI – here.

The Statutory Instrument (SI) is now laid to change the exit day (in UK law) from this Friday to either of 12th April or 22nd May.

Here it is.

It will be debated in Parliament (because the SI will be enacted via the affirmative procedure) later this week (UPDATE : on Wednesday). If it is not passed, the action of voting it down will not change Brexit day which is 12th April, at the soonest (or 22nd May, if Parliament ratifies the Withdrawal Agreement package, which is now unlikely).

Brexit day is 12th April.

There is a possibility this Statutory Instrument is not passed. In this case there will be legal uncertainty. But this uncertainty may be mitigated, if the relevant sections (that give legal authority to the UK Brexit Laws) of the EU Withdrawal Act are not themselves in force.

I will issue another Blog post on this matter later this week.

Many UK Brexit Laws are enacted, and listed in the Brexit Law List in subscribers’ Cardinal Environment EHS Registers and Checklists. However, not all are yet enacted.

Each of these identifies the ‘exit day’ as the date in force.

We will commence the massive task of consolidating into the UK Statute Base once the exit day itself is tied down. In any event we will commence before 12th April.

UK Chemicals Regulation (UK Brexit)

This morning DEFRA published additional guidance, and the HSE (the Brexit chemicals regulator) links this guidance to its expanding instructions – here.

Subscribers to Cardinal Environment EHS Legislation Registers & Checklists will see the Retained REACH Regulation being worked on to incorporate the UK Brexit Law changes as soon as the Brexit day is completely settled (at the moment it is 12th April 2019).

Note, the UK Brexit Law uses the term “exit day”. We are waiting for the Statutory Instrument to change the exit day to align with the Brexit day of 12th April.

It is likely we will split the Retained REACH Regulation into sections, in order to make it easier to use.

April 12th 2019 (UK & EU Brexit)

The EU has now issued its Press Release announcing it has completed all the No Deal preparations on its side. This Press Release has links to the new Laws and Notices – here.

Companies who are subscribers to Cardinal Environment EHS Legislation Registers & Checklists may make arrangements to discuss any matter, with me, via email.

We are waiting for the Statutory Instrument (on the UK side) to change the exit day from 29th March 2019 to two weeks later on 12th April 2019, to align with the Brexit date.

12th April 2019 is the new Brexit date.

[there are still circumstances that could change this date, or the arrangements that would apply, but the EU says today that it’s view is No Deal is increasingly likely]

I will issue another Blog post when further information is available.