F-Gases and ODS (Northern Ireland from 1 Jan 2021)

DEFRA has today, 15 Oct, issued stipulations for F-Gases and ODS in Northern Ireland – here.

After the end of the transition period, EU regulations will continue to apply to all businesses in Northern Ireland who produce, supply, import, export or use F gases or ODS.

This means two changes for businesses in Northern Ireland:

• Businesses who import and supply the Northern Ireland market with F gases or equipment containing F gas will need to have enough EU quota/authorisations to cover their imports from Great Britain, if they do not already have this. Engineers and end-users, such as equipment manufacturers, installers and supermarkets, working with F gas should ensure they get their F gas from someone that has EU quota.

• F gas and ODS technicians in Northern Ireland will need to qualify for an Irish certificate if they are to continue working in the Republic of Ireland from January 2021. However, they will be able to continue to work in Northern Ireland with their current certificate.

The new free-to-use Trader Support Service will provide support and guidance to businesses moving goods under the Northern Ireland Protocol. Businesses who sign up to the Trader Support Service will be guided through the new processes under the Northern Ireland Protocol and can also use it to complete digital declarations.

Please also read the stipulations that apply to GB, including GB quotas, set out in separate instructions – here.

F-Gases and ODS (GB from 1st Jan 2021)

I posted a few days ago with the stipulations if exports to the EU are rejected. Today, 15th Oct, DEFRA and the Environment Agency issued full instructions on the regulations that will apply in England, Scotland and Wales (Great Britain – GB), for F-Gases and ODS from 1st Jan 2021.

The updated webpage is here.

GB will continue to:

• restrict ODS

• use the same schedule as the EU to phase down HFCs (hydrofluorocarbons, the most common type of F gas) by 79% by 2030 relative to a 2009 to 2012 baseline

That means new GB F gas quotas will follow the same phase down steps as the EU:

• limited to 63% of the baseline in 2019 and 2020

• reducing to 45% of the baseline in 2021

Most of the rules for F gas and ODS will not change. However, new GB IT systems will need to be used to:

• manage new GB quotas

• report on use

EU regulations will still apply for F gas, ODS and products containing them placed on the EU and Northern Ireland market after 1 January 2021.

The Environment Agency will administer the GB system on behalf of England, Scotland and Wales, if it receives the direction of the Scottish and Welsh Governments, from 1 January 2021.

Businesses preparing for 1 January 2021 should continue to work with the Environment Agency to register on the GB system and apply for GB quotas.

Please read the entire webpage, as the above is only part of the stipulations.

Industrial Emissions (BAT) (GB from 1st Jan 2021)

Yesterday, 14 Oct, the UK government issued a short guidance note on EU BAT (Best Available Techniques) from 1st Jan 2021 – here.

This confirms the UK will no longer be part of the EU-Sevilla BATC (binding BAT Conclusions) document production process from 1st Jan 2021.

The UK government note states –

it would make secondary legislation to ensure the existing BAT Conclusions continue to have effect in UK law after we leave the EU, to provide powers to adopt future BAT Conclusions in the UK and ensure the devolved administrations maintain powers to determine BAT through their regulatory regimes.

The UK government will put in place a process for determining future UK BAT Conclusions for industrial emissions. This would be developed with the devolved administrations and competent authorities across the UK. The UK government’s Clean Air Strategy for England sets out actions for determining future UK Best Available Techniques for industrial emissions.

The note makes no mention of Northern Ireland, where via the Withdrawal Agreement Ireland/Northern Ireland Protocol, the EU Industrial Emissions Directive, and the EU BATC process would stay applicable in Northern Ireland.

F-Gases and ODS (GB from 1st Jan 2021)

I posted before about F-Gases and ODS after the Transition Period.

On 8 October, DEFRA and the Environment Agency (hitherto the lead agency for the UK in this matter) issued a major update – here.

Reporting F gas activity

F gas activities must be reported each year where a person –

• produces, imports or exports one or more metric tonnes of F gas, or a quantity of F gas equivalent to 100 tonnes or more of CO2

• destroys F gas equivalent to one metric tonne or 1,000 tonnes or more of CO2

• uses F gas as feedstock equivalent to 1000 tonnes or more of CO2

• places pre-charged products and equipment containing the equivalent of 500 tonnes or more of CO2 on the market.

A person must report F gas activities from 1 Jan 2020 to 31 December 2020 to the European Commission by 31 March 2021. This is a Transition Period obligation.

HFC exports rejected at an EU border control post (BCP) – new

If HFC exports from GB to EU (and Northern Ireland) are rejected at a BCP and need to return to GB free circulation status for the goods in GB will need to be regained.

This applies to both HFCs in bulk and in products and equipment.

To regain free circulation status the HFCs must comply with clearance processes, a person must:

• have a full customs declaration

• be registered on the GB HFC registry

• have sufficient HFC quota authorisations or delegations at the time of re-entry

The Environment Agency will administer the GB HFC systems on behalf of England, Scotland and Wales, subject to receiving the direction of the Scottish and Welsh Governments, from 1 January 2021.

The National Clearance Hub (NCH) will check the customs declaration against the HFC Registry. If the person has sufficient quota or authorisations, they will give permission for the goods to move on from the GB port of re-entry.

A person’s HFCs may not be able to re-enter GB if that person:

• is not on the HFC Registry

• does not have sufficient quota or authorisations

NCH will instruct Border Force to stop and detain the consignment at the border when returning from an EU BCP.

NCH or Border Force and the regulator will check the consignment and decide how to deal with the returned HFCs.

The regulator is:

• Environment Agency in England

• Scottish Environmental Protection Agency in Scotland

• Natural Resources Wales in Wales

The HFCs may be destroyed.

Reporting ODS activity

ODS activities must be reported if a person –

• produces, imports or exports ODS

• destroys ODS

• uses ODS as feedstock or process agent

A person must report ODS activities for 1 Jan 2020 to 31 December 2020 to the European Commission by 31 March 2021. This is a Transition Period obligation.

ODS exports rejected by an EU border control post – new

If ODS exports from GB to EU (and Northern Ireland) are rejected at a EU border control post (BCP) and need to return to GB! free circulation status for the goods in GB will need to be re-attained.

To regain free circulation status the ODS must comply with clearance processes.

A person must –

• have a full customs declaration

• be registered on the GB ODS licensing system

• hold sufficient ODS quota

• have a valid ODS import licence at the time of re-entry

The Environment Agency will administer the GB ODS system on behalf of England, Scotland and Wales, subject to receiving the direction of the Scottish and Welsh Governments from 1 January 2021.

The National Clearance Hub (NCH) will check the customs declaration against the ODS licensing system.

ODS may not be able to re-enter GB if:

• the person is not on the ODS Licensing System

• the consignment does not have a valid ODS import licence

NCH will instruct Border Force to stop and detain the consignment at the border when returning from an EU BCP.

NCH or Border Force and the regulator will check the consignment and decide how to deal with the returned ODS.

The regulator is:

• Environment Agency in England

• Scottish Environmental Protection Agency in Scotland

• Natural Resources Wales in Wales

The ODS may be destroyed.

GB-EU Border Operating Model (GB from 1st Jan 2021)

I posted about the Border Operating Model before. New border controls for entry to GB from the EU will operate in three stages up until 1 July 2021.

Only the Border Operating model for the Great Britain (GB) border with the European Union (EU) is yet published.

A further major update is published to the GB-EU Border Operating Model (138 pages) – here (dated 8 Oct 2020) – further changes from now on are expected to be minor only.

The updated GB-EU Border Operating Model:

• Maps out the intended locations of inland border infrastructure. These sites will provide additional capacity to carry out checks on freight.

• Announces that passports will be required for entry into the UK from October 2021 as the Government phases out the use of EU, EEA and Swiss national identity cards as a valid travel document for entry to the UK.

• Confirms that a Kent Access Permit will be mandatory for HGVs using the short strait channel crossings in Kent. A ‘Check an HGV’ service will allow hauliers to check if they have the correct customs documentation and obtain a Kent Access Permit.

The full list of changes since the July publication is below –

• Details of the new infrastructure requirements including locations;

• Updates in a number of agrifood and environmental policy areas including fish,
chemicals, fluorinated greenhouse gases and ozone-depleting substances, high-
priority plants and plant products;

• Further detail on delayed customs declarations and the requirements of Entry in Declarants Records (EIDR);

• Further details regarding the approach to liabilities for intermediaries;

• Information on what ‘poor compliance history’ means;

• Clarity on guarantees and DDA requirements;

• Bulk import reduced data set details;

• Further clarity on level of checks applying to goods subject to sanitary and
phytosanitary controls in July 2021;

• The ”Check an HGV is Ready to Cross the Border” Service (formerly referred to as Smart Freight);

• Refreshed process maps to reflect where greater detail is now available;

• A number of new annexes including passengers policies, requirements for
aviation, rail and energy sectors; and

• Updated annexes regarding Member State requirements.

Food and Drink Labelling (UK from 1st Jan 2021)

Food and drink producers, manufacturers, retailers and suppliers in Great Britain (GB) must change labels if dealing with the EU from 1 January 2021.

The DEFRA instruction – here – is to contact the EU importer to find out how the EU’s labelling requirements will affect a particular GB export product from 1 Jan 2021.

In the Withdrawal Agreement, a good is ‘placed on the market’ in the EU, when it is first supplied for distribution, consumption, or commercial use, whether free of charge or not.

All food placed on the EU market from 1 January 2021 will need to meet EU rules.

Food business operator (FBO) address

Pre-packaged food and caseins must have an EU or Northern Ireland (NI) address for the FBO, or an address of the EU or NI importer on the packaging or food label.

EU organic logo

The EU organics logo must not be used from 1 January 2021 unless:

• the UK control body is authorised by the EU to certify UK goods for export to the EU

• the UK and the EU agree to recognise each other’s standards (called ‘equivalency’)

Contact the control body to stay up to date.

If the UK and the EU do not reach an equivalency deal, organic food cannot be exported (from GB) to the EU and be labelled organic. Food can still be exported using non-organic labelling if it meets all other marketing standards and any organic labelling is removed or covered.

EU emblem

The EU emblem must not be used on goods produced in Great Britain (England, Scotland and Wales) from 1 January 2021 unless authorised by the EU to do so.

Health and Identifcation Marks (food products of animal origin – POAO)

Information on POAO health and identification marks that apply from 1st Jan 2021 is here.

Country of origin labels

Food from and sold in NI can continue to use ‘origin EU’ from 1 January 2021.

Food from and sold in GB can be labelled as ‘origin EU’ until 30 September 2022.

From 1 October 2022, food from GB must not be labelled as ‘origin EU’.

Please read further in the DEFRA instruction for specifics of particular animal products, and the use of geographical indicators.

Export Health Certificates (UK from 1st Jan 2021)

From 1 January 2021, an export health certificate (EHC) will be required to export products of animal origin from Great Britain (England, Scotland and Wales) to the EU or to move them to Northern Ireland.

The Animal and Plant Health Agency has issued information – here.

If located in Northern Ireland, an EHC is NOT required to export to the EU. Contact DAERA on 02877 442 060 to find out the stipulations.

GB to EU exports or GB to NI movements that are planned for 1 January 2021 onwards should be prepared for by registering to use the new EHC service and drafting applications for EHCs from 13 October 2020.

The official vet or inspector who will certify the EHC should be contacted before any applications are submitted to the EHC service.

The application process for the new EHC service is contained in this link – here.

In England, Scotland and Wales, call APHA on 03000 200 301.

EU Safer Food Package (EU and UK from 1st Jan 2021)

The smarter rules for safer food (SRSF) package is a set of EU regulations for the protection against animal disease and plant pests. The package modernises, simplifies and improves existing health and safety standards for the agri-food chain. It takes a risk-based approach to animal, plant and public health protection, introducing more efficient pest and disease control measures.

The package includes 3 principal EU regulations:

• Official Controls Regulation (EU) 2017/625: how controls across the agri-food chain will be monitored and enforced – applies from 14 December 2019

• Plant Health Regulation (EU) 2016/2031: controls for protecting plants from disease and pests – applies from 14 December 2019

• Animal Health Regulation (EU) 2016/429: a framework for the principles of European animal health – applies from 21 April 2021

The new Official Controls and Plant Health Regulations now apply in the UK. From 1 January 2021, these regulations will be retained by the Withdrawal Act and will continue to apply subject to any amendments Parliament may agree. UK legislation is also enacted.

The new Animal Health Regulation is not applicable until 21 April 2021, after the end of the transition period, and so the UK is not obliged to implement it.

EU Official Controls Regulation 2017/625

The new EU Official Controls Regulation (OCR) was published on 15 March 2017 and will apply in EU member states from 14 December 2019, alongside the Plant Health Regulation.

It sets out mechanisms for ensuring that responsible persons and authorities enforce the rules and must verify that businesses are complying with the legal requirements. It explains what action enforcement authorities must take when they spot such non-compliance. This covers:

• food and food safety, integrity and wholesomeness at any stage of production, processing and distribution of food

• feed and feed safety at any stage of production, processing and distribution of feed and the use of feed

• animal health requirements

• prevention and minimisation of risks to human and animal health emerging from animal by-products and derived products

• welfare requirements for animals

• protective measures against pests of plants

• requirements for the placing on the market and use of plant protection products and the sustainable use of pesticides, with the exception of pesticides application equipment

• organic production and labelling of organic products

• use and labelling of protected designations of origin, protected geographical indications and traditional specialities guaranteed

• deliberate release into the environment of Genetically Modified Organisms (GMOs) for the purpose of food and feed production.

The requirements of the OCR legislation cover how inspections, audits and sampling take place. It simplifies the current rules and makes sure there is consistency across the entire agricultural industry and food chain by including plants and plant products and animal by-products.

The OCR simplifies and brings together several existing control rules. It repeals Regulation 882/2004 and Regulation 854/2004.

Some of the areas changing include:

• extending official controls to plant health and animal by-products

• increasing the transparency of controls carried out by national enforcement authorities

• creating a common framework for carrying out border controls on animals and goods entering or crossing the EU

• strengthening controls to identify fraudulent practices at an early stage

• modernising the computerised systems for the management of data and information on official controls

EU Plant Health Regulation 2016/2031

The EU Plant Health Regulation (PHR) was published on 26 October 2016 and will apply to EU member states from 14 December 2019, alongside the Official Controls Regulation.

The new EU PHR sets out controls and restrictions that will apply to imports and internal movement of certain plants, plant pests, and other materials like soil, to help reduce these risks.

The SRSF package revises and improves the current EU plant health legislation. The PHR repeals Directive 2000/29.

Some of the areas changing include:

• extending the scope and changing the format of plant passporting

• new requirements for authorisation to issue plant passports

• more goods imported to the EU will need a phytosanitary certificate

• new requirements for the registration of professional operators

• movements within the EU – restrictions between disease free and pest free areas

• a strengthened protected zone

• new requirements applying to high risk plants and regulated non quarantine pests (RNQPs)

• a more precautionary approach to new trade flows and a commitment to undertake thorough pest risk assessments

• new category of priority pests, including annual surveying requirements and outbreak contingency planning

EU Animal Health Regulation 2016/429

The EU Animal Health Regulation (AHR) was published on 31 March 2016.

The UK and other EU member states are currently in a 5-year implementation period for AHR. The new rules will apply in EU member states from 21 April 2021.

The AHR outlines the principles of European animal health, supporting:

• a quick reaction in cases of emerging animal diseases and controlling outbreaks as effectively and efficiently as possible

• a consistent approach in dealing with different animal health diseases

• reducing the effect of animal disease outbreaks on animal and public health, animal welfare, the economy and the wider rural community

• functioning of the EU internal market in animals and animal products.

The above is not a full list, please read the contents of the webpage – here.

Further useful information is here.

Note: a plant passport is NOT the same as a phytosanitary certificate.

Plants and Plant Products (UK from 1st Jan 2021)

‘Plant’ means a living plant (including a fungus or tree) or a living part of a plant (including a living part of a fungus or shrub), at any stage of growth.

‘Plant product’ means products of plant origin, unprocessed or having undergone simple preparation, in so far as these are not plants, including wood and bark.

Instructions are issued by DEFRA and APHA for Great Britain (England, Wales and Scotland) – here.

We await the instructions for Northern Ireland.

Importing plants and plant products from the EU from 1 January 2021

High-priority plants and plant products from the EU must have:

• a phytosanitary certificate (PC)

• a pre-notification submitted by the importer in England, Scotland or Wales

• documentary and identity checks

• a physical inspection

The importer will pay for these services.

High-priority plants and plant products from the EU that will need a PC from 1 January 2021 include:

• all plants for planting

• ware potatoes

• some seed and timber

• used agricultural or forestry machinery

The importer must pre-notify for imports of solid fuel wood that aren’t regulated. A PC is not required for these imports.

Importing plants and plant products from 1 April 2021

The importer must use the Import of products, animals, food and feed system (IPAFFS) to notify the Animal Plant Health Agency (APHA) or the Forestry Commission that regulated plants and plant products will be imported.

All regulated plants and plant products imported to England, Scotland or Wales from the EU must have phytosanitary certificates (PCs).

APHA will inspect the PCs in England and Wales. The Scottish Government will inspect PCs in Scotland.

Regulated plants and plant products include:

• all plants for planting

• root and tubercle vegetables

• some common fruits other than fruit preserves by deep freezing

• some cut flowers

• some seeds and grains

• leafy vegetables other than vegetables preserved by deep freezing

• potatoes from some countries

• machinery or vehicles which have been operated for agricultural or forestry purposes

Importing plants and plant products from 1 July 2021

Regulated plants and plant products will have extra documentary checks and physical inspections.

The importer must use IPAFFS to notify APHA or the Forestry Commission of the import of regulated plants and plant products.

Movement of wood packaging material

Wood packaging material (WPM) moving between the UK and the rest of the EU can currently move freely without checks or controls.

WPM includes:

• pallets

• crates

• boxes

• cable drums

• spools

• dunnage

From 1 January 2021 all WPM moving between the UK and the EU must meet ISPM15 international standards by undergoing heat treatment and marking. All WPM may be subject to official checks either upon or after entry to the EU.

Checks on WPM will continue to be carried out in the UK on a risk-targeted basis only. The plant health risk from WPM imported from the EU is not expected to change from 1 January 2021.

The above is not a full list, please read the entire webpage with its links – here.

Pesticides (UK from 1st Jan 2021)

From 1 January 2021, in Great Britain (England, Scotland and Wales) a new independent pesticides regulatory regime will operate. Great Britain (GB) will take responsibility for its own decisions using its own rules.

Great Britain will have no formal role in EU decision-making processes and new decisions taken under the EU regime will not apply in GB. This includes active substance and Maximum Residue Level (MRL) decisions and any new EU Plant Protection Product (PPP) legislation.

The Health and Safety Executive (HSE) will remain the national regulator for the whole of the UK, on behalf of the UK government and the devolved administrations.

Under the terms of the Withdrawal Agreement and Northern Ireland Protocol, the EU pesticides regime will continue to apply in Northern Ireland after the end of the transition period, in the same way as during the transition period.

Existing approvals, authorisations and MRLs

All existing active substance approvals, PPP authorisations and MRLs will continue to be valid in GB.

Existing PPP authorisations remain valid until their current expiry date.

Active substance approvals due to expire before December 2023 will be extended for 3 years to allow time for the necessary evaluation work.

After the end of the transition period Great Britain will set MRLs based on its own assessments but all existing MRLs will remain valid until they are amended.

Applicants will need to continue to meet any existing conditions under the new GB pesticide regime.

New applications

To gain access to both GB and EU markets new applications will need to be submitted under both the GB and EU regimes. This may be a common application where there is no divergence between the two regimes.

Mutual recognition

HSE will no longer accept new applications for mutual recognition of authorisations in EU Member States but will process any existing applications to a conclusion under the national GB regime.

The HSE will continue to make use of other regulators’ assessments where possible and appropriate to support GB decisions.

Parallel trade permits

HSE will no longer accept new applications for parallel trade permits in GB. Existing parallel trade permits will continue until their current expiry date or until 31 December 2022, whichever is the sooner.

The above is not a full list, further information is here.