UK – Brexit: scenarios in case of no-deal

The Health and Safety Executive (HSE) have issued technical notices detailing what will happen if the UK leaves the EU without an agreement (‘no deal’).

Regarding PPPs, in a no deal scenario, the UK would establish an independent standalone PPP regime, with all decision making repatriated from the EU to the UK. HSE would continue to operate as the national regulator.

All current active substance approvals, PPP authorisations, and Maximum Residue Levels (MRLs) in place on 29 March 2019 would remain valid in the UK after the Brexit, so businesses could continue to trade and products would continue to be available.

After the Brexit, all applications for products to be authorised in the UK, and all active substances and MRLs would be considered under the national regime. The format of applications and basic data requirements would remain the same as under the current regime. Applications for EU approvals would need to be submitted separately to the EU for their consideration.

To ensure that processes run smoothly, there would be an extension of three years to active substance approvals which are due to expire in the three years after the Brexit. This would provide time for establishment of national renewal arrangements.

Applications which are being considered by the UK at the point of exit will be progressed to completion under the national regime.

At medium or long-term, HSE envisage developing a UK legislation divergent from the EU legislation.

Action for business:

• No immediate action is required in respect of current active substance approvals, PPP authorisations, and MRLs. These will all remain valid in the UK and EU after exit day as now.
• Start to consider what new applications businesses might wish to make under both the UK and EU regimes in the period after EU exit, and to plan ahead for any applications under each regime relating to renewals of existing approvals and authorisations as they expire over time.
• Keep in touch with HSE as the regulator with respect to any current applications.

To download:

Plant Protection Products (PPP) regulation – ‘Regulating pesticides if there’s no Brexit deal’

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’

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) regulation – ‘Regulating chemicals (REACH) if there’s no Brexit deal’

See also our previous article:

UK: Notice on the BREXIT impact for applicants

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