Brexit

The UK left the European Union (EU) on 31 January 2020 (commonly known as Brexit). Following a transition period, the UK and the EU have, with effect from 1 January 2021, agreed a trade and cooperation Agreement and there are new rules in place.

There are several specific topics which are of interest to the gases industry, for which BCGA provides links to relevant Government websites. Government guidance is being updated, and BCGA will continue to monitor any changes and share key relevant information with members. Please consult the Government's Transition Period webpage for the latest information, which can be found here: https://www.gov.uk/transition

Useful Links

Please see below for the most up to date information from Government on various aspects of Brexit, which are of relevance to BCGA members.

Equipment

Transportable pressure equipment will comply with the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations [SI 2009 N0. 1348] (as amended). It is expected that the UK Government will enact amendment Regulations to clarify this policy.

After 1st January 2021, The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 [SI 2020 No 1111] will come into force. From 1st January 2021 Great Britain will no longer recognise the authority of the European Transportable Pressure Equipment Directive (TPED) as GB legislation, however, TPED remains in force across Europe. The changes introduced will affect, for example, the movement of transportable pressure equipment across national boundaries, placing on the market and how and by whom conformity assessment takes place.

BCGA has created a set of Frequently Asked Questions for:

NOTE: BCGA has sought the advice of the relevant Competent Authorities and will regularly review these FAQs in-line with any guidance received.

The UK Conformity Assessment (UKCA) mark-  https://www.gov.uk/guidance/prepare-to-use-the-ukca-mark-after-brexit

Status of conformity assessment bodies- https://www.gov.uk/guidance/conformity-assessment-bodies-change-of-status-from-1-january-2021

UK Accreditation Service and Brexit- https://www.ukas.com/customer-area/ukas-and-brexit/

Placing manufactured goods on the UK market from 1st January 2021- https://www.gov.uk/guidance/placing-manufactured-goods-on-the-market-in-great-britain-from-1-january-2021

Placing manufactured goods on the EU market from 1st January 2021- https://www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-market-from-1-january-2021

Manufacture and supply of new equipment - https://www.hse.gov.uk/work-equipment-machinery/manufacturer-supply-new-work-equipment.htm

Taxation, Customs and Excise

Import, export and customs for businesses- https://www.gov.uk/topic/business-tax/import-export

WTO Tariffs 2020: https://www.wto.org/english/res_e/booksp_e/tariff_profiles20_e.pdf

Regulation of chemicals

The UK is currently establishing its own regulatory system for REACH. Defra own the regulation itself, with HSE acting as the operator of the policy and enforcer. Please see below for further information on this and other chemical regulations:

REACH (HSE guidance)- https://www.hse.gov.uk/brexit/reach-guidance.htm

REACH (Defra guidance)- https://www.gov.uk/guidance/how-to-comply-with-reach-chemical-regulations

REACH (European Chemicals Agency guidance)- https://echa.europa.eu/uk-withdrawal-from-the-eu

CLP-https://www.hse.gov.uk/brexit/clp.htm

PIC- https://www.hse.gov.uk/brexit/pic.htm

Biocides- https://www.hse.gov.uk/brexit/biocides.htm

Fluorinated gas (F gas) and ozone-depleting substances (ODS) Regulations

Equipment and Machinery- https://www.hse.gov.uk/brexit/regulating-equipment.htm

Healthcare

Due to the complexity of the regulation for medical devices and transportable pressure equipment these products will not be subject to the new UK framework, and separate arrangements will apply.

Medical industry guidance- https://www.gov.uk/government/collections/mhra-post-transition-period-information

Medical devices- https://www.gov.uk/guidance/regulating-medical-devices-from-1-january-2021

Regulation of medical devices from 1 January 2021 - MHRA Presentation.

Transport

The UK will continue to comply with existing legislation for the International carriage of dangerous goods. Road transport will comply with the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations [SI 2009 N0. 1348] (as amended). It is expected that the UK Government will enact amendment Regulations to clarify this policy.

Transporting goods by road: https://www.gov.uk/transport-goods-from-uk-by-road

Vehicle approvals: https://www.gov.uk/guidance/vehicle-type-approval-if-theres-no-brexit-deal

Air, sea, road and rail transport from January 2021: https://www.gov.uk/government/collections/air-sea-road-and-rail-transport-from-january-2021

Relaxation of EU Drivers Hours: https://www.gov.uk/government/publications/temporary-relaxation-of-the-enforcement-of-the-eu-drivers-hours-rules-all-road-haulage-sectors-in-great-britain/temporary-relaxation-of-the-enforcement-of-the-eu-drivers-hours-rules-all-road-haulage-sectors-in-great-britain

Standards

The British Standards Institute (BSI) has advised that its membership of the International Organizations for Standards ISO and IEC is unaffected by Brexit. Membership of the European Standards Organizations CEN and CENELEC will involve a transition period following Brexit to ensure that BSI can continue its membership of both organizations on a permanent basis.

Standards and EU Exit- https://www.bsigroup.com/en-GB/about-bsi/uk-national-standards-body/standards-policy-on-the-uk-leaving-the-eu/

FAQs on Brexit and Product Certification- https://www.bsigroup.com/globalassets/localfiles/en-gb/brexit/brexit-product-certification-faqs.pdf