Germany decides on MR applications from UK if filed before Brexit
Date: 27 June 2019
On 26 June, the German Federal Office of Consumer Protection and Food Safety (BVL) published an important revision of an earlier German position concerning processing of applications after the Brexit. Mutual recognition applications filed in Germany before the date of the UK's exit from the EU will be processed and decided in Germany even after the Brexit. This change of policy is the result of several expedited proceedings at the administrative court in Brunswick (Az 9B 23/19, not published). The court kept explicitly open if this legal position will also be valid for MR applications filed after the date of the UK leaving the EU.
Click here to read the official BVL's note in German.
ECHA recommends companies to transfer registrations before the UK's withdrawal
Date: 4 April 2019
ECHA continues to recommend companies to prepare for the UK's withdrawal without a transition period, now expected to take effect on 13 April 2019, at 00:00 hours CET (i.e. 12 April 2019, 11 p.m. UK time). For more information, view ECHA's news release.
RMS switch due to Brexit: A number of biocidal active substances have been assigned to new RMS
Date: 3 April 2019
Commission Delegated Regulation (EU) 2019/227, applying from 30 March 2019, amends Regulation (EU) No 1062/2014 as regards certain active substance/PT combinations for which UK was the designated evaluating competent authority (eCA). In its Annex, it provides a table (on active substance/PT combinations and respective Rapporteur Member States) which replaces Annex II to the Delegated Regulation (EU) No 1062/2014. It defines the new eCAs taking over the role of eCA from the UK.
Regulation (EU) 2019/227 also defines the time lines for the new eCAs to inform the participants of the fees payable under Article 80 (2) of Regulation (EU) 528/2012 (BPR) and to send the assessment report and conclusions.
Impact of Brexit on parallel trade of plant protection products
Date: 8 March 2019
On 6 March 2019, the German Federal Office of Consumer Protection and Food Safety (BVL) published a note stating that, in the event of a no-deal Brexit, Germany would not recognise parallel trade permits issued for plant protection products, sourced in the UK, unless permits have been prolonged. The German position corresponds to the official statement of the European Commission. Click here to read the official BVL's note in German.
Date: 27 February 2019
BREXIT: ACT NOW TO MAINTAIN MARKET ACCESS AND SUPPLY CONTINUITY!
Whereas the political uncertainty about the withdrawal agreement and about the Brexit overall seems to continue forever now, we urge our clients not to wait until the last week in March 2019 with decision making in the desperate hope of getting final clarity about the future contractual agreements between all the parties involved. If a ‘no deal’ scenario was to materialize that late in the process, severe supply and market disruptions would be impossible to avoid. We thus strongly encourage you to prepare for the worst and secure your business critical supply relations for chemical substances and products while continuing to hope for the best.
Registration of plant protection products – Germany pursues EU Commission’s policy on Brexit
Date: 27 February 2019
The German Federal Office of Consumer Protection and Food Safety (BVL) has officially confirmed that it is going to take the position of the European Commission on Brexit, intending to treat the United Kingdom as a “third country” after the withdrawal deadline. From that moment on, the Regulation 1107/2009 will consequently cease to apply for the UK.
Please read the full communication in German on the BVL’s website.
New Communication on RZMS and Brexit
Date: 26 February 2019
The interest group PPP Zonal has recently uploaded the following document on CIRCABC: Communication Central Zone on ZRMS and Brexit.pdf.
This document answers the question what happens when the UK is zRMS (Zonal Rapporteur Member State). Read the communication on the CIRCABC website.
HSE offers stakeholder events preparing for EU Exit in a no-deal scenario
Date: 18 February 2019
The Health and Safety Executive (HSE) is holding a series of one-day stakeholder events across the UK covering EU Exit and its impact on the chemicals regimes in a no-deal scenario. For more information, please check the HSE website.
Recent guidance on the UK exiting the EU
Date: 7 February 2019
In preparation for the UK’s withdrawal from the EU, the British government organizes a one-day stakeholder event in Antrim, Northern Irland, on 26 February 2019. The event, presented by HSE (GB) and DEFRA, will cover the Brexit issue and its impact on chemical regimes in a no-deal scenario. Please click here, to view the details.
Further to this, Cefic and Chemical Industries Association (CIA) issued a briefing note on Brexit: Preparing for a future “UK out of REACH scenario” on 28 January 2019.
ECHA is also planning to publish a communications package to provide guidance to businesses placing chemical substances on the EU market in preparation of Brexit. SCC will follow up on this.
UK releases further guidance on chemicals regulation in the event of a no-deal Brexit
Date: 23 January 2019
In light of recent events, the British government has published further guidance covering the legal requirements included in the Biocidal Products Regulation, Classification Labelling and Packaging and Prior Informed Consent regulations as retained in UK law, using powers in the EU Withdrawal Act 2018. To view the recent requirements in case of a no-deal Brexit, please download the following files:
Guidance on Biocidal Products Regulation (BPR)
Guidance on Classification Labelling and Packaging (CLP)
Guidance on Prio Informed Consent Regulation (PIC)
Vol. 18, No. 5 – SCC Newsletter – Special issue on Brexit
Date: 29 November 2018
BREXIT: IMPACT ON THE REGISTRATION OF CHEMICALS IN THE EU AND THE UK
This special edition of the SCC Newsletter entirely focuses on the Brexit and its massive and manifold impact on the registration of chemicals in the EU and the UK and also on the impact on Classification, Labelling & Packaging (CLP) in both markets.
The newsletter extracts and summarizes the available guidance materials in the public domain and gives actionable recommendations for the different actors and stakeholders in the supply chains for chemical substances, mixtures and products.
If you want to discuss your company's specific Brexit-related issues and concerns, we invite you to please contact us at your earliest convenience.
We would love to hear what you think about the SCC newsletter, so please do not hesitate to share your feedback and comments with us.
UK releases guidance on chemicals regulation in case of ‘no-deal’ BrexitDate: 17 October 2018
In view of the approaching Brexit in March 2019 the United Kingdom published in October 2018 technical notices as guidance in case UK leaves the EU without an agreement (‘no deal’ scenario). Although negotiations with the EU are ongoing, UK intends to ensure therewith to be prepared for all eventualities from day 1 after Brexit.
These published technical notices cover the following topics:
- Classification, Labelling and Packaging (CLP) regulation - ‘Classifying, labelling and packaging chemicals if there’s no Brexit deal’
- Biocidal Products Regulation (BPR) - ‘Regulating biocidal products if there’s no Brexit deal’
- Plant Protection Products (PPP) regulation - ‘Regulating pesticides if there’s no Brexit deal’
- Prior Informed Consent (PIC) regulation - ‘Export and import of hazardous chemicals if there’s no Brexit deal’
- Regulation on mercury - ‘Control on mercury if there’s no Brexit deal’
- Regulating Persistent Organic Pollutants (POPs) - ‘Control on Persistent Organic Pollutants if there’s no Brexit deal’
- Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) - ‘Regulating chemicals (REACH) if there’s no Brexit deal’ (already published in September 2018)
Implications of Brexit for fertilisers
Date: 27 September 2018
On Sep 25th the European Commission published a new notice to stakeholders on the withdrawal of the United Kingdom and EU rules in the field of fertilisers.
In general, the EU rules for EC fertilisers, that is Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers, will no longer apply in the United Kingdom after Brexit which will affect imports and exports of fertilisers in various ways. In regards to the responsibilities for importers of fertilisers, the notice to stakeholders highlights that due to this, ‘a manufacturer established in the United Kingdom will no longer be an economic operator established in the EU [as required for EC fertilisers]. As a consequence, an economic operator established in the EU-27 and placing EC fertilisers coming from the United Kingdom on the EU-27 market, until then considered as a distributor, will become an EU importer in relation to such products. This operator will therefore have to comply with the respective obligations for manufacturers’.
Further information and updates are available on the EU Commission website.