EU Exit regulatory position statements (UK Brexit)

Exit day is 12th April

Yesterday (1st April) the Environment Agency began issuing EU Exit regulatory position statements (UK RPS).

These set out (time-limited) environmental permitting and licensing situations where the Environment Agency will not take action for non-compliance due to EU Exit.

The first two relate to radioactive materials and radioactive waste – here.

I will add these to a separate category in the Brexit Law List (in subscribers’ Cardinal Environment EHS Legislation Registers & Checklists).

Waste Transport across borders will become more difficult and delayed after EU Exit. Make sure checks are carried out on amounts stored vis a vis EPR Schedule 3 exemption limits. Contact the Environment Agency if limits will be exceeded.

Scotland, Wales and Northern Ireland – contact the local regulator.

[the Exit day may change, please continue to follow this Blog]

EU Brexit Preparedness (EU Brexit)

Exit day is 12th April.

Reminding again – the EU Brexit Preparedness Notices are here.

Key Notices

* emissions trading system

* fluorinated gases

* waste law

* chemicals Regulation under REACH

* industrial products (this also has a q&a)

* explosives for civil uses

* fertilisers

* detergents

* cosmetic products

* road transport

* medicinal products for human and veterinary use (this also has a q&a)

* plant protection products (this also has a q&a)

* biocidal products (this also has a q&a)

* animal feed (this also has a q&a)

* genetically-modified organisms

* plant health

* clinical trials

* travelling

Factsheets and other Q&As are here

Time-limited measures operating immediately after 12th April – here.

Outside of these time-limited measures, the granting of equivalence of UK certification measures to allow trade across the UK-EU border will follow normal EU rules for third countries.

In the case of plant products, for example, the UK application for equivalence granting will be heard by the EU after the UK has left the bloc.

There are no notices detailing special measures for trade across the international border on the island of Ireland. Meetings are ongoing this week on the matter.

[the exit day may change, please keep following this Blog]

April 18 (UK & EU Brexit)

I am being asked what happens after 29 March. I post as the documents are issued, the various contingency proposals that are being prepared.

29 March is the exit date in enacted UK law (the Withdrawal Act) and the EU having accepted article 50 notification, the 29 March is the end of the two years provisioned by article 50.

I posted before that the Withdrawal Agreement (and associated Political Declaration) awaits ratification by the UK and the EU Parliaments.

In the event that the Agreement is unratified on 29 March (no deal, or disorderly Brexit, or unnegotiated Brexit) then the contingency arrangements provisioned by draft and enacted laws in the UK, the EU and in various EU member states, will kick in.

A draft EU contingency regulation (2019 EU Budget) sets 18 April as the date by which the UK should have taken action (as respects the 2019 EU Budget).

The EU contingency regulations (draft) are – here.

Please continue to follow this Blog.