Q&As

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The UKs withdrawal from the EU

PIC

After the end of the transition period, will my EU-based company need to notify an export of a chemical subject to the PIC Regulation to the UK(Great Britain)?

Yes. The EU PIC Regulation places obligations on companies based in the EU who wish to export chemicals listed in Annex I to non-EU countries. After the end of the transition period,  any such exports to the UK(Great Britain) will need to be notified.

In Northern Ireland the PIC Regulation continues to apply after the transition period. Therefore, shipments from the EU to Northern Ireland and vice-versa are not subject to PIC obligations. Please refer to Q&A 1711 and QA 1568 for further details.

After the end of the transition period, will my EU-based company need to notify an export of a chemical listed in Annex III to the Rotterdam Convention (and therefore also to the PIC Regulation) to the UK(Great Britain)?

The UK is itself a Party to the Rotterdam Convention. Therefore, if after the end of the transition period you are planning to export a chemical listed in Annex III to the Rotterdam Convention to the UK, you must check in the latest PIC Circular whether the UK has provided an import response. In case there is a positive response, it will be sufficient to submit a special RIN request (please see the factsheet);

In the absence of a response, you must submit an export notification, and an explicit consent from the authorities in the UK will be required in order for the export to take place.

In Northern Ireland the PIC Regulation continues to apply after the transition period. Therefore, shipments from the EU to Northern Ireland and vice-versa are not subject to PIC obligations. Please refer to Q&A 1711 for further details.

After the UK withdrawal, will my EU-based company need to notify an export of a chemical subject to the PIC Regulation to Gibraltar?

As Gibraltar is currently (i.e. even prior to the UK withdrawal) not a part of the EU customs territory, you will simply need to continue notifying your exports of chemicals subject to the PIC Regulation also after the UK withdrawal.

My EU-based company buys a product from a company based in the UK(Great Britain) and it is subsequently shipped directly to my customer who is based in another non-EU country. Do we need to notify the export?
As the product you hold the contract for does not come from an EU country nor is in free circulation within the EU custom territory, it does not fall within the notion of “export” pursuant to Article 3.16 (a) or (b) of the PIC Regulation. Consequently, no export notification will be needed under the EU PIC Regulation.
 
However, please note that the following circumstances may lead to exceptions:
 
  • Any national legislation regulating exports in place in the UK;
  • If the exported chemical is listed in Annex III to the Rotterdam Convention (as well as being subject to the EU PIC Regulation).
In Northern Ireland, the PIC Regulation continues to apply after the end of the transition period. Therefore, if the company shipping the product to a third country (i.e. any other custom territory than those of the EU and UK(Great Britain) is located in the Northern Ireland, and your company is the holder of the contract, then the EU company should notify the export to your DNA.
My EU-based company imports chemicals subject to PIC from companies based in the UK(Great Britain). Will we have any additional obligations after the end of the transition period?

Yes, pursuant to Article 10(1) of the PIC Regulation, in the first quarter of the year following the import you should provide details on the import(s) to your Designated National Authority (DNA) by means of ePIC.

In Northern Ireland the PIC Regulation continues to apply after the transition period; therefore,  shipments from companies located in Northern Ireland to the EU and vice-versa are not subject to such reporting obligations under PIC.

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