UK Chemicals Regulation (UK Brexit)

Exit day is 31st October 2019

I posted before on UK Chemicals Regulation after UK Exit. This is a reminder post.

On the 25th March, HSE (the UK REACH chemicals regulator) published further instructions on access to UK REACH – here.

[the UK documents endlessly refer to a “Deal” – this is the Withdrawal Agreement, and for our purposes merely provides a new Exit day of 31st December 2020, not new trade arrangements with the EU]

These HSE instructions make it clear the online service ‘Comply with UK REACH’ will replace ECHA’s REACH-IT platform for UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals), from Exit day.

Live on Exit day, the new online system will allow:

* Businesses that have existing UK-held REACH registrations to validate their registrations (‘grandfathering’)

* Businesses that import chemicals from the EEA to submit downstream user import notifications

* Business to register new substance registrations or PPORD notifications (Product and Process Orientated Research and Development)

In order to minimise disruption to in the event of a no-deal Brexit, businesses that currently hold a REACH registration are encouraged to access their ECHA REACH-IT account and ensure that all the information relating to their business is downloaded. Information required to comply with UK REACH includes registration confirmation documents and ECHA decisions.

Under the new requirements, from Exit day –

* UK businesses that manufacture a chemical (those currently registered to EU REACH) will need to validate their existing registration with the Health and Safety Executive (HSE) within 120 days of the UK leaving the EU.

* UK businesses that import a chemical substance from the EU will need to notify HSE within 180 days of the UK leaving the EU.

* UK businesses that export chemicals to the EU will need to have an EU REACH registration in place once the UK leaves the EU.

In addition, more technical information will need to be submitted by businesses to HSE within two years of EU Exit.

Current HSE instructions are here.

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

Climate Change Measures (UK Brexit)

Exit day is 31st October 2019

The UK Government has a Technical notice setting out instructions in relation to the EU ETS, the replacement Carbon Emissions Tax, and Energy-using Products. I have posted in the Blog about this before.

This Technical notice is here.

The Technical notice is updated to set out the changes following the next Exit day of 31st October.

* The 2018 compliance deadline to surrender allowances for the EU Emissions Trading Scheme (ETS) is now 30 April 2019.

* The Carbon Emissions Tax did not commence on 15 April 2019. The Technical notice states further information on the implications of the change of Exit day for carbon pricing will be set out in due course.

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

GM Food & Animal Feed Products Export (UK Exit)

The Exit day is 31st October 2019 (the UK Statutory Instrument is now laid)

The Food Standards Agency (FSA) has updated its Notice aimed specifically at UK businesses:

* holding or seeking authorisations for genetically modified (GM) food or feed

* holding or seeking authorisations for animal feed additives

* exporting animal feed products to the EU

* that have applications to update the list of feed for particular nutritional purposes (PARNUTS) pending at the time of EU exit

* that represent companies that are based in non-EU countries which rely on UK representation for EU trade

Rules from 31 October 2019

Businesses within the scope of this notice will need to be established in the EU or EEA, or have a representative that is established in the EU or EEA if they wish to trade in the EU. The EEA includes Iceland, Liechtenstein and Norway.

The role of the representative is to provide assurance that the non-EU establishment complies with EU legislation.

The Notice sets out what businesses need to do – here.

Information requests and questions may be emailed to the Food Standards Agency: euexit@food.gov.uk.

[the Exit day may change, in addition the Withdrawal Agreement may be ratified, please keep following this Blog]

Trade Rules of Origin (UK Brexit)

The Brexit date is 31st October – the Brexit time is 12.00 (midnight) CET

[I am waiting for the Exit day Statutory Instrument (SI) to be laid to change the Exit day in UK law from tomorrow 12th April – once this is laid future Blog posts will reference the UK Exit day not the international Brexit date]

Yesterday the UK government (Department for International Trade – DIT) issued instructions on Trade Rules of Origin to be used after Brexit – here.

This Blog does not focus on Rules of Origin. [this will likely be the only Blog post on this matter]

The Government instructions set out how to continue to access preferences where the UK has agreed trade continuity arrangements with partner countries, or through the UK’s Generalised Scheme of Preferences (GSP).

Further advice will be published when the UK leaves the EU.

The UK will implement its own independent Generalised Scheme of Preferences (GSP) scheme from day one after Brexit. It will have its own administration arrangements, but will aim to keep much of the existing administration arrangements as the EU.

To ease the transition, the UK will keep the same qualifying operations as the EU’s rules of origin, and will continue to use FORM A as proof of origin.

The UK will not be able to use the EU’s Registered Exporter Scheme (REX).

To help transition goods arriving into the UK, up to 12 months after 12 April 2019 [this date is now 31st October 2019, we are awaiting the Exit day SI – see earlier] HMRC will allow GSP exporters to use the REX statement on origin as proof that goods originate from a GSP country.

That statement on origin must hold the valid REX registration number of the exporter, and dated no later than 12 April 2020 [this date may also change, when the Instructions are updated with the Exit day change].

[the Brexit date may change, please continue to follow this Blog]

Brexit is 31st October 2019 (UK-EU Brexit)

UPDATE : the Exit day is 31st October 2019 (the UK Statutory Instrument has been laid]

Brexit day is 31st October – the Brexit time is 12.00 CET on that day.

At a European Council (Article 50) yesterday, all Parties agreed to extend the Article 50 period to 31st October. Accordingly, the UK will leave the EU at 12.00 CET on 31st October 2019. Withdrawal will take effect on 1st November 2019.

The EU Decision taken in Agreement with the UK is here.

The Exit day Statutory Instrument (SI) will now be laid to change the Exit day in local law. I will update this post with that SI (which will be laid via the negative procedure, without debate in Parliament).

The Statute Book will remain as is. The Brexit Law List will remain separate. The Brexit Law will operate from 1st November 2019. We will continue consolidating the Brexit Law into the UK Statute Book, but this will not show on Cardinal Environment EHS Legislation Registers & Checklists until after 1st November. Please refer to the Brexit Law List for the new rules.

The new rules will apply from 1st November 2019. The dates will be changed in Brexit Notices and Instructions.

Please note : whilst the EU might reissue its EU Brexit Contingency Measures with new dates, it again might not. I posted yesterday with the graphic of the expiry dates of the EU Brexit Contingency Measures.

Re – the (unratified) Withdrawal Agreement (WA) – extension of the Article 50 period does not change the 31st December 2020 date (Transition Period end) in that Agreement.

The date of the new UK Brexit Immigration System (1st January 2021) is also unchanged.

[the Brexit date may change again, please continue to follow this Blog]

Radioactive Waste Shipment (UK Brexit)

The Exit day is 12th April (the day after tomorrow) – the Exit time is 12.00 (midnight) CET

The UK Government today issued updated instructions on radioactive waste shipment – here.

Applications to import from EU countries will need to include evidence confirming that the exporter will take back the material if the shipment cannot be completed in accordance with the regulations.

Operators will need new UK documentation instead of previously used EU documentation.

Operators will now need to notify the relevant competent authority in the UK once exports to the EU are completed.

What operators need to do

1 Comply with current regulations until Exit day. These are set out in the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008.

[subscribers to Cardinal Environment EHS Legislation Registers & Checklists will not necessarily have these regulations loaded – email me if they are needed]

2 Read and understand the new Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019. These will apply from 13th April, or any later Exit day.

[these Regulations are found in the Brexit Law List loaded into Cardinal Environment EHS Legislation Registers & Checklists]

3 Check authorisations. Operators who already have authorisations should check if they are valid by contacting the relevant competent authority.

4 Apply for an authorisation, if needed. Operators without existing authorisation will need to apply to the relevant competent authority using the authorisation of shipments form.

5 Use documentation with each shipment. Appropriate documentation must accompany each shipment. A failure in this area is a criminal offence.

6 Notify the competent authority. Operators must notify the relevant competent authority in the UK of completion of shipments using the notification of arrival form. Failing to notify them will be a criminal offence.

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