Your business may need to make changes before the UK leaves the EU.
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Get ready for Brexit on 31 October. This page tells you how to prepare for Brexit. It will be updated if anything changes, including if a deal is agreed.
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Regulations and standards
Recognising CAA and EASA licences
If the UK leaves the EU without a deal, flights which operate for the oil and gas industry may need new or updated certification, licences and documents for maintenance and operation of aircraft.
Certificates which were issued by the CAA, or for a UK based organisation by EASA, before the UK leaves the EU would no longer be automatically accepted after Brexit.
Read about how businesses can apply for valid safety certification for the EASA system before the UK leaves the EU through third country approval or transferring your licence to another EASA state.
The European Commission Regulation 2019/494 states that if the UK leaves the EU without a deal:
- type certificates (and a number of related certificates) and design organisation approvals issued by EASA to UK organisations before the UK leaves the EU will remain valid for 9 months
- Authorised Release Certificates, Certificates of Release to Service and Airworthiness Review Certificates issued before the UK leaves the EU by organisations approved by the CAA will be valid with no time limit
Businesses with UK-issued certificates for aircraft registered in the EU should check the European Commission’s notice and with the relevant EU authorities.
Further guidance is available on preparing to work and operate in the European aviation sector after Brexit.
After the UK leaves the EU there will be changes to all chemical regulations. This may have an impact on your market access in the EU and UK or your ability to move goods between them.
The regulations include EU REACH (the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation) and:
- classifying, labelling and packaging chemicals
- regulating pesticides
- exporting and importing hazardous chemicals
- using and trading in fluorinated gases and ozone-depleting substances
- trading in drug precursors
- controls on mercury
- controls on persistent organic pollutants
- exporting controlled goods
Importing or using chemicals
If the UK leaves the EU without a deal, the EU REACH regulations will be brought into UK law to create ‘UK REACH’.
If you use or import chemicals then you will need to check whether you have new obligations under UK REACH.
For example, if you currently purchase a chemical substance directly from an EU/EEA supplier, you must make sure any substances you purchase are covered by a valid UK REACH registration by someone within your supply chain. Otherwise, in order to remain compliant you will need to register as an ‘importer’. To do so, you must:
- open an account on REACH IT once it is established and provide initial information on your registration within 180 days of the UK leaving the EU
- provide full technical information on your registration within 2 years of the UK leaving the EU.
Ensure you can continue to manufacture and export chemical products
There may also be new actions you need to take if you manufacture or export chemicals. Further information is provided on the HSE website.
Participating in the EU Emissions Trading Scheme
The government is discussing the implications of our exit from the EU on the EU Emissions Trading Scheme (EU ETS) with the European Commission.
In the event that the UK leaves the EU ETS in a no deal scenario, current participants in the EU ETS who are operators of UK installations will no longer take part in the system.
In this scenario, there will be no requirement to surrender EU ETS allowances from 1 January 2019 onwards for these emissions.
However, to retain as much continuity as possible, all operators currently participating in the EU ETS should continue to comply with the regulations for the monitoring, reporting and verification of greenhouse gases. These regulations will support the new UK Carbon Emissions Tax, which will apply to all UK stationary installations currently participating in the EU ETS. The tax will be introduced on 4 November 2019 and will be set at £16 per tonne for 2019. The aviation sector would not be subject to the Carbon Emissions Tax.
Subject to state aid approval, an equivalent to the scheme to compensate energy-intensive industries for the indirect costs of the EU ETS will be established to compensate for the indirect emission costs of the new Carbon Emissions Tax.
Accounts administered by the UK in the EU ETS allowance registry and Kyoto Protocol registry will be blocked from the point of the UK leaving the EU. Operators wishing to retain access to their allowances after the withdrawal date should consider opening an account in another member state’s registry for this purpose, and should consider the amount of time this is likely to take. Clean Development Mechanism project developers with a UK Letter of Authority will also need a letter of approval from a different Designated National Authority.
Importing and exporting
Preparing for disruption to trade at the UK-EU border
Get a UK EORI number (this starts with GB) so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you.
Decide if you want to hire an import-export agent, or make the declarations yourself.
Contact the organisation that moves your goods (for example, a haulage firm) to find out what information they need to make the declarations for your goods, or if you will need to make them yourself.
Read the guidance on simplified customs procedures for trading with the EU if we leave without a deal.
Further information is provided in HMRC’s advice for businesses trading with the EU.
Preparing to move goods between Ireland and Northern Ireland
If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made.
Exporting controlled goods
You will need a new export licence if you are exporting dual-use items from the UK to the EU or the Channel Islands.
- Register on the online export licensing system (SPIRE).
- Check how to apply to use the Open General Export Licence.
This new export licence will remove the need for you to apply for individual licences. You can use it immediately after the UK leaves the EU.
Preparing for changes to existing trade agreements
Check the way you currently trade with non-EU countries. When the UK leaves the EU the way you access existing favourable arrangements with these countries may change. Changes may be different for each country.
Read the guidance on changes to trading with non-EU countries that have a free trade agreement with the EU.
Preparing for changes to import tariffs
If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime. This would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken.
Under the temporary tariff regime the majority of UK imports would be tariff-free.
In certain sectors, tariffs would be maintained to support the most sensitive agricultural industries, the automotive sector, vulnerable industries exposed to unfair global competition, and to maintain the UK government’s commitment to developing countries.
Digital and data
Your business will need to make sure it follows data protection law if the UK leaves the EU without a deal.
If you operate across the EU or exchange personal data with organisations in the EEA, there may be changes you need to make before the UK leaves the EU.
You can also check if you can use standard contractual clauses (SCCs) for transfers from the EEA to the UK.
Employing EU, EEA and Swiss citizens
Right to work checks
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021.
You will not need to distinguish between EU/EEA and Swiss citizens who were resident in the UK before or after the UK leaves the EU.
EU/EEA and Swiss citizens living in the UK before the UK leaves the EU
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status. This will mean they can continue to live, work and study in the UK.
EU/EEA and Swiss citizens must apply by 31 December 2020 if the UK leaves the EU without a deal.
You can use the EU Settlement Scheme guidance for employers to give further information to your employees.
EU/EEA and Swiss citizens who arrive in the UK after the UK leaves the EU
If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
After free movement ends, if they want to stay for longer than 3 months, they can read the guidance on staying in the UK to find out what they’ll need to do.
Irish citizens can continue to live, work and study in the UK, just as before.
From 1 January 2021, a new skills-based immigration system will launch.
For non-EU nationals, Brexit will not affect the application process for work visas.
Check the guidance for travellers visiting the EU to find out what you need to do when going abroad for work.
Oil and Gas UK
UK Petroleum Industry Association
UK Onshore Oil and Gas
Energy Industries Council
Tank Storage Association
Downstream Fuel Association
Federation of Petroleum Suppliers
Petroleum Retailers Association
UK Liquefied Petroleum Gas
UK Lubricants Association