Export and import of hazardous chemicals (PIC) if there is a no-deal Brexit
If the UK leaves the European Union (EU) with no deal we would establish an independent standalone Prior Informed Consent (PIC) regime.
UK PIC would be based on the existing EU regime, with amendments to enable functions presently carried out by the EU to continue.
UK exporters would continue to notify exports of listed chemicals via the Health and Safety Executive (HSE) as the UK PIC Designated National Authority (DNA) (appointed jointly with the Health and Safety Executive for Northern Ireland). UK-based companies exporting or importing listed chemicals (including to or from EU countries) would need to comply with the requirements of UK PIC.
If you are intending to export a PIC-listed chemical to the EU (or to a non-EU country for the first time in 2019) during the first 35 days after Exit and you have not already been contacted by the UKDNA, please contact us NOW at UKDNA@hse.gov.uk
Although much of the existing system would continue to apply, there will be changes:
- UK-based companies would no longer have access to ePIC and would need to use the UK’s new system, operated by HSE, to notify exports of listed chemicals from the UK
- UK PIC regulation would apply to the export of listed chemicals that are exported from the UK, including to EU countries. Companies that currently only move listed chemicals within the EU single market and do not export them outside the EU would have to start to notify these to HSE
- the intention would be to recognise UK export notifications for 2019 that are already in place when we leave the EU, with no requirement to re-submit the notification for that year (export notifications are only valid in any calendar year). Where the first export in 2019 of the chemical falls after exit day, UK companies would need to notify these to HSE using the new UK system.
- where explicit consent has been given by an importing country to another EU country under the current EU PIC arrangements, it may be necessary to seek the consent of that country for UK exports of the chemical after exit day.
- exporters and importers would need to include in the information they submit to HSE in the first quarter of each year, details of the quantities of listed chemicals exported to or imported from EU countries, as well as other countries.
Further information and instructions will be published in the coming months. We aim to give businesses and individuals as much certainty as possible as soon as we can, and to ensure that any new requirements are not unduly burdensome.
Scenario table to help you prepare
This scenario table sets out a number of actions and dates that your company would need to investigate so that you can prepare for a ‘no-deal’ scenario.