The regulations may apply a UK-only Prior Informed Consent (PIC) regime. This regime will only apply if the UK leaves the EU without a deal or with a deal that does not involve continued cooperation with European institutions.
The HSE would become wholly responsible for the export and import of hazardous chemicals covered listed under the PIC Regulation.
UK-based companies intending to export chemicals listed under the PIC Regulation would need to notify this via a new HSE system after Exit Day
The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 will amend the Export and Import of Hazardous Chemicals (Prior Informed Consent (PIC)) Regulation (EU) No 649/2012 legislation in the event the UK leaves the EU without a deal.
The 2019 regulations would come into force on Exit Day.
Amendments to the PIC Regime
In the event of a no deal Brexit, the HSE would become wholly responsible for the export and import of hazardous chemicals covered by the PIC regime.
UK-based companies intending to export chemicals listed under the PIC Regulation would need to notify this via a new system operated by the HSE after Exit Day.
Notifications would need to include exports to EU Member States for the first time. As the UK will constitute a ‘third country’, EU-based companies would need to notify ECHA regarding exports to the UK.
Exports of PIC chemicals from or to the UK would need to be notified at least 35 days in advance.
The list of chemicals currently subject to the PIC Regulation and restrictions applied would transfer to the UK regime.
Obtaining Consent for Exports to the EU Single Market
Consent may need to be obtained from the respective EU Member State for exports after Exit Day where this was not previously needed.
The HSE has published no-deal scenario guidance for the PIC regime.
Amendments to the Genetically Modified Organisms (Contained Use) (GMO(CU)) Regime
EEA consents granted for GMO(CU) activities, including placing them on the market, prior to Exit Day would be honoured. EEA consents issued after Exit Day would not be recognised.
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