Regulating explosives if there’s no deal
We have amended the UK’s product safety framework, which includes HSE’s Explosives Regulations 2014 and industrial products where HSE acts as an enforcing or market surveillance authority.
These changes ensure the legal framework will remain operable if there is a no-deal Brexit.
Implications for business
In the event of no deal, you will need to take action to check which conformity marking you will need to use; whether you will need to appoint an authorised representative or responsible person in the UK and whether your legal responsibilities will be changing. HSE has prepared a table to help with this planning and full details are also given in the guidance on placing manufactured goods on the UK market.
Intra Community Transfer applications (ICTs)
- The UK will not be an EU member state for the purposes of transfers of civil explosives through the EU internal market, therefore the UK will not be able to issue an Intra Community Transfer (ICT).
- Any transfers of civil explosives into the UK will need a standalone approval from a UK competent authority (Great Britain or Northern Ireland depending on where the transfer ends in the UK). As now, this approval needs to be in place before the UK transfer journey begins.
- ICT approvals issued by UK competent authorities before EU Exit for multiple transfers will continue to be recognised until they expire.
- The UK will recognise existing site codes on civil explosive products imported to the UK where the site code has been issued by another Member State and will not require importers to add a new code.
- However, to continue effective traceability through the supply chain, all importers will need to contact a UK competent authority (Great Britain or Northern Ireland depending on the place of import) to notify them of any existing site code on the civil explosives being imported. The competent authority will then link this existing code to the UK-based importer.
- As now, where civil explosives are manufactured in the UK for export, a unique identification mark is not required if the importing third country, such as an EU Member State, requires an identification which allows traceability of the explosives.
- The UK government will continue to work with the Northern Ireland Civil Service to ensure that a coherent civil explosives regime continues to operate across the UK.
Processing time for ICT applications
In the event of a no-deal Brexit, HSE will contact all ICT applicants where the ICT approval is unlikely to be issued by exit day. HSE will then transfer the application details to enable the issue of a GB transfer approval. This will ensure a valid GB transfer approval is in place after exit. The applicant will then need to ensure they have a valid EU issued ICT in place for the EU part of any journey.
Full details are given in the following guidance:
- Placing manufactured goods on the UK market if there’s no Brexit deal
- Placing manufactured goods on the EU internal market if there’s no deal
Civil explosives product safety requirements comparison table
To help you get ready, a comparison table summarises the current UK/EU requirements and outlines the changes that will be brought about by a no-deal exit, what you would need to do, and what actions your company would need to investigate.
Businesses dealing with civil explosives can find more advice in Exporting controlled goods after EU Exit.