New Chemicals Instructions (EU Brexit Preparedness)

ECHA (the European Chemicals Agency) has new support pages – here.

These pages contain the most detailed information so far.

The UK has also issued Technical Notices, some of these are relevant for Chemicals. But, many gaps still persist.

Please visit the Chemicals category on this Blog, for the posts I have written on Chemicals and Brexit Preparedness.

We still have no instruction on Safety Data Sheets.

Current Brexit State 14 Nov 2018 (UK and EU)

EU and UK officials have agreed the text for the Withdrawal Agreement (a treaty) and Outline Political Declaration (on the future relationship between the UK and the EU bloc). This text was communicated to the UK at 9pm 12 Nov 2018, and the UK Cabinet will meet today at 2pm 14 Nov 2018. A vote of the UK Parliament, and of the European Parliament, is required, and each Member State must ratify.

Reminder : the UK is a Third Country from midnight CET 29 March 2019.

The EU has issued Brexit Preparedness Notices, and other Communications – here. I have posted about these.

Yesterday 13 Nov 2018, the EU issued a new Communication – here, and a new Travel Notice here. I posted this yesterday.

The UK has issued Technical Notices – here. I have posted about these.

France has agreed its Preparedness Law – the draft law is here. Further information is here. I have posted about this Law.

Some dates already apply now :

(1) pet vaccination

(2) online applications (UK) for ECMT International Road Haulage Permits (from 26 Nov 2018)

In the event, the Withdrawal Agreement and Outline Political Declaration text does not progress, further No Deal Instructions can be expected from 1st December 2018. HMRC and DfT already issued further No Deal instructions (I posted about these), and more can be expected.

In the event, the Withdrawal Agreement and Outline Political Declaration text does progress, and the Treaty is ratified, this will give a Transition/Implementation phase until Dec 2020, but the UK is still a Third Country from March 2019 (as above), albeit running under the arrangements put in place by the Withdrawal Treaty (in the UK this would be a Withdrawal and Implementation Act).

Business, charities and households must continue their preparations.

Please continue to follow and pay close attention to this Blog.

No Deal Contingency Action Plan (EU Brexit Contingency Measures)

The Commission has issued a Press Release updating on its No Deal Contingency Action Plan. The Press Release with links is here.

Note – the new Travel Notice (linked from the Press Release).

Note – the new 13 November Communication (linked from the Press Release)

Additionally two November 2018 PDF documents summarise the situation. Here and Here. The second PDF is reproduced as two images.

Chemicals Regulation (UK Brexit Preparedness)

Very little direct Brexit instruction is published by the UK on Chemicals Regulation, beyond the UK Technical Notices (I already posted about on this Blog). The EU also has its own Brexit Preparedness Notices (I already posted about on this Blog).

Today (7th November) the House of Lords EU European Union Committee published its report of evidence taken on the matter. This report is here,

There is agreement between the Government, industry and NGOs that the UK’s continued participation in REACH, the main system of EU chemical regulation, and continued membership of the European Chemicals Agency would be the best Brexit outcome.

But UK Brexit Preparedness is not advanced.

The Report identifies the following as requiring urgent attention (by Government) :

(1) clarifying its intended approach to chemical regulation in the future;

(2) creating and populating a database of chemicals;

(3) preparing a UK body to take on the role of chemical regulation in a way that is independent, transparent and scientifically robust;

(4) enabling businesses, including small businesses, to take pre-emptive action to maintain valid registrations for the EU market; and

(5) mitigating the economic impact on the chemical industry that would result from leaving the EU system.

NOTE THIS (referring to the evidence taken)

If associate membership of and ongoing participation in ECHA are not negotiated by exit day, a number of challenges arise. The first is the fact that, barring any preventative action, all chemical registrations will become invalid in the UK, and all registrations made solely by UK companies will become invalid in the EU. This would prevent the trade and use of those chemicals.

Peter Smith, Executive Director for Product Stewardship at Cefic, explained that there were 21,000 chemicals registered through REACH, 5,000 of which were registered by UK companies.

However, Ms Bulleid made the point that where one of those 5,000 substances is registered jointly by both a UK-based company and an EU-27-based company, “some people will be able to put it on the [EU] market, but the UK registrants will not”.

Ms Lloyd agreed, stating that chemicals registered by UK companies will not be invalid in the EU “unless the only registrants of that substance are UK companies”.

As a result, UK companies will lose access to the EU market, but the number of chemicals that would be prohibited is unclear.

THE REPORT CONTINUES WITH THE EVIDENCE GIVEN BY MINISTERS ON THEIR STEPS ON THE MATTER OF ILLEGAL REGISTRATIONS – these include :

(1) a new statutory instrument (Brexit Regulation) to continue the validity of UK registrations by UK registered companies for the UK market

(2) a DEFRA Secretary of State observation (based on the EU Brexit Preparedness Notices) that UK companies can mitigate by transferring their registration to an EU based affiliate or representative, but this is acknowledged as not possible in advance of exit day so there would be

a void of weeks or months before such companies are able to export substances to the EU.

Ms Edwards acknowledged this difficulty, stating that “there has been some discussion suggesting that you would need some sort of mechanism in place to enable those registrations to be transferred in advance”, but indicating that no such provision had yet been put in place

ON THE MATTER OF THE UK DATABASE

Ms Peake informed us: “Defra has asked for £5.8 million to set up an IT infrastructure to register chemicals in the UK in the case of having to set up an independent UK chemicals regulation system.”

Ms Edwards stated: “We are trying to build a system that will replicate, as far as it can, what the ECHA system does. Some of the fuller functionality that is not necessarily required on day one will come on board on a slightly slower timescale, but the critical thing for day one is to have that registration function in place.”

PLEASE CONTINUE TO FOLLOW THIS BLOG

Customs, Excise and VAT (UK Brexit)

I have posted already with the UK Technical Notices for Brexit Preparedness. HMRC has three of these Technical Notices. Further instruction is now issued from HMRC in the form of a Partnership Pack. This is here.

For goods exports, the following is required :

(1) register for an EORI number – not open yet [EORI – is UK Economic Operator Registration and Identification Number] and ensure the EU bloc customer also has an EORI number

(2) check is a special licence is required

(3) get the commodity code from published codes

(4) get the correct Customs Procedure Code (CPC)

(5) decide how to declare to HMRC – this is complex – decide if to pay a Freight Forwarder, an Express Courier, or a Customs Agent/Broker

(6) register for the National Export System (NES)

(7) attach the invoice (and licence if needed) with the goods transport

(8) present the goods to customs

(9) finalise the Export entry on HMRC CHIEF system

(10) keep records for 6 years

The Pack is the first of a series of more specific HMRC instructions. This Pack also covers Goods Imports. It does not cover direct sales on a digital platform.

Commercial Driving in the EU – further instruction (UK Brexit)

I posted recently with the UK Department for Transport (DfT) notice about International Road Haulage in the Brexit Preparedness context.

On Monday last (5th November) DfT issued its instruction on the allocation of the very limited number of ECMT permits that will be made available. Note: applications open shortly.

This ECMT permit allocation instruction and what hauliers must do next is here.

For 2019 only 984 annual permits for Euro VI emission vehicles, 2,592 monthly permits for Euro VI emission vehicles, and 240 monthly permits for Euro V or VI emission vehicles will be available. Annual permits will cover all journeys made using the permit between 1 January and 31 December 2019. Monthly permits will be valid for all journeys within 30 days of the start date listed on the permit.

Current Brexit State (UK and EU)

The UK will exit the EU bloc at 11pm on 29 March 2019.

As of 31 October 2018, both sides have made good progress in negotiations on both the Withdrawal Agreement (for an orderly departure) and the political declaration on the future relationship. On the political declaration on the future relationship, the UK has proposals, and the UK and the EU have discussed each element of these, including the future customs arrangement.

Both sides will continue to work to finalise the Withdrawal Agreement and the political declaration on the future relationship. This is widely termed “the Deal”.

As set out in the European Union (Withdrawal) Act 2018, the UK House of Commons must vote to approve the deal before the Withdrawal Agreement can be ratified. Member States of the EU27 must also ratify the deal, along with the European Parliament.

Brexit Preparedness planning and information continues. EU Notices were issued some time ago, and reported in this Blog. UK Technical Notices were issued more recently, and also reported in this Blog. The departure of the UK from the EU bloc is a substantive change, and there will be actions for business and individuals, and further Notices can be expected. Please read these Notices carefully and continue to follow this Blog closely.