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As the UK will no longer be a Member State of the EU, the PIC Regulation will no longer apply to you. It will be in the hands of the UK legislator to establish rules for exports by companies based in the UK. As the UK is a Party to the Rotterdam Convention on the Prior Informed Consent procedure, the UK will maintain a Designated National Authority (DNA) that will implement PIC at a global level. We suggest that you contact the UK DNA to inform yourself on any national procedures in place regulating your export.
After the UK’s withdrawal, as a UK-based exporter, you will no longer have any obligations under the PIC Regulation. Consequently, ECHA will disable any export notification submitted by any UK-based company so that it can no longer be used by those companies for exporting in 2019 and beyond.
The PIC Regulation will apply in the United Kingdom until the UK withdrawal takes effect. Article 10 of regulation obliges exporters to inform, during the first quarter of each year, the designated national authority of their Member State regarding the quantity of the chemical, as a substance and as contained in mixtures or in articles, shipped to each Party or other country during the preceding year. Thus, you will need to report on your exports/imports of PIC chemicals which took place in 2018.You will have no obligations for reporting data on exports/imports after 2019. However, we recommend that you check with the relevant national authority in the UK to verify whether you will have reporting obligations under the national UK legislation.
As a UK-based company, you will no longer have access to ePIC and do not need to notify your exports in this way. However, in this case, even though you hold the contract for this export, in accordance with Article 3(18)(b) of the PIC Regulation, the EU-based branch of your company will take on the role of the exporter. They should therefore contact their DNA within the EU (contact details available here: https://echa.europa.eu/information-on-chemicals/pic/designated-national-authority) in case they are not already aware of their obligations under the PIC Regulation.
The UK is itself a Party to the Rotterdam Convention. Therefore, you will still have obligations when exporting chemicals that are included in Annex III to the Convention. If you are exporting to an EU Member State, you must first check in the latest PIC Circular whether the EU has provided an import response. In the absence of a response, you should contact the PIC DNA in the UK for further information.
Pursuant to Article 8(2) of Regulation (EU) No 649/2012 on the export and import of hazardous chemicals, exporters are required to notify their exports 35 days before the expected date of export. To cover exports taking place in the first 35 days of 2021 if there is no confirmation of the extension of the transition period, a procedure will be reactivated to allow EU27-based exporters to notify the planned export to the United Kingdom in advance of the end of the transition period. These export notifications will take effect if the end of the transition period is confirmed.
Instructions on how to proceed are described in the document “How to notify PIC exports to the UK in the absence of a decision on the UK’s withdrawal from the EU”.
Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland. ECHA will in due course amend the reply accordingly.
Under the provisions of the REACH Fee Regulation, our Agency will indeed charge the foreseen fee. The circumstance of the UK withdrawal from the EU does not provide a legal basis for waiving the charge of fees.