Instruments drawn to the special attention of the House
Draft Customs Safety, Security and Economic Operators Registration and Identification (Amendment etc.) (EU Exit) Regulations 2020
Date laid: 14 October 2020
Parliamentary procedure: affirmative
These draft Regulations propose a temporary six-month waiver until 30 June 2021 for Entry Summary (ENS) declarations for goods that arrive in Great Britain from the EU and certain other territories after the end of the Transition Period. HM Revenue and Customs (HMRC) says that this is necessary to give businesses extra time to prepare for the new safety and security requirements, in particular in the context of the impact the pandemic has had on businesses. HMRC expects significant one-off costs and ongoing administrative burdens for businesses after the temporary waiver has expired. The instrument also proposes, on a permanent basis, shorter deadlines for the submission of ENS and Exit Summary declarations to avoid congestion and disruption at ports. The operation of new customs arrangements with the EU is a key aspect of the UK’s withdrawal from the EU, and the future arrangements between Northern Ireland and Great Britain, including in relation to safety and security declarations, are still the subject of ongoing negotiations with the EU.
The draft Regulations are drawn to the special attention of the House on the ground that they are politically or legally important and give rise to issues of public policy likely to be of interest to the House.
1.These draft Regulations have been laid by HM Revenue and Customs (HMRC) with an Explanatory Memorandum (EM), as part of the legislation that is needed to ensure that the UK has a customs safety and security regime in place at the end of the Transition Period (TP).
Background
2.The EM explains that the EU’s Union Customs Code (UCC) requires customs authorities to collect and risk assess data about goods before arrival and departure. Movements of goods such as food produce and clothing are risk assessed to detect prohibited and restricted items before they enter or leave. This involves the submission of Entry Summary (ENS) declarations before goods arrive in the EU’s customs territory and pre-departure declarations (Exit Summary (EXS) declarations). The UCC sets out different timing requirements for the submission of these ENS and EXS declarations for all movements of goods by sea to and from territories near the customs territory of the EU. The UCC further requires all businesses which are involved in activities which are covered by customs legislation to register with the customs authority of the Member State where the business is established. Businesses not established in the EU are also required to register with a customs authority in the Member State where a customs declaration is first lodged or where a customs decision is first requested.
The key changes proposed by this instrument
3.This instrument proposes a temporary waiver for six months from 1 January to 30 June 2021 on ENS declarations for goods imported to Great Britain (GB) from the EU and territories currently not required to submit an ENS.1 According to HMRC, this forms part of the phasing in of customs controls at the end of the TP, as announced by the Government in June 2020.2 HMRC says that the waiver aims to give businesses extra time to prepare to meet the new safety and security requirements and to mitigate the impact on readiness that the COVID-19 pandemic has had on the logistics industry. HMRC says that this is particularly relevant for hauliers which transport goods only within the EU and, while the UK remains in the TP and the UCC continues to apply, have not had to make such declarations for goods moved between the UK and the EU.
4.The instrument also proposes to amend the deadlines by which an ENS declaration must be submitted for maritime movements for short sea journeys (that is journeys to and from territories near the UK) for containerised and non-containerised cargo. These deadlines are to be changed from 24 hours pre-loading and four hours pre-arrival respectively, to two hours pre-arrival for both. The changes will be permanent. HMRC says that the shorter deadlines are needed as for shorter maritime movements decisions about routing are made much closer to the time of departure, and total journey times from depots may in some cases be less than the current requirements for submitting declarations. HMRC says that not reducing the ENS timing would create significant challenges for the flow of goods through ports that use roll-on roll-off vehicle movements, and that, if large numbers of hauliers had to wait at ports having submitted the ENS late, significant congestion and disruption at ports would result. The instrument also proposes to reduce the deadline by which EXS declarations need to be submitted for maritime containerised cargo from 24 hours pre-loading to two hours.
5.The instrument further proposes to maintain the UK’s existing registration system in full, so that businesses are required to register with HMRC if their activities are covered by the UK’s customs legislation and they are established in the UK. Businesses which are not established in the UK but will make a declaration in the UK or request a customs decision from HMRC are also required to register with HMRC. The instrument maintains the ability for future legislation to require businesses which do not fall within any of the previous groups to register with HMRC.
Northern Ireland
6.We asked HMRC whether ENS and EXS declarations would be required for goods moved between Northern Ireland (NI) and GB. HMRC responded that:
“The NI Protocol requires HMG to implement the Union Customs Code in NI. As a result of this, some movements between GB and NI will attract a Safety & Security requirement, but the full extent of this is the subject of ongoing negotiations between the UK and the EU. Traders will be able to access help from the new Trader Support Service in NI to support them meeting their requirements.”
Impact
7.The EM states that because of the temporary nature of the waiver provision, a Regulatory Impact Assessment was not required. We asked HMRC about the impact on businesses after the six-month waiver has expired, when businesses will have to complete ENS and EXS declarations. HMRC explained that:
“As set out in the HMRC impact assessment for the movement of goods if the UK leaves the EU without a deal (third edition),3 which impacted the regulations establishing the need for Safety and Security procedures, whilst many carriers, specifically large economic operators, are experienced in transporting goods to both the EU and non-EU countries, HMRC anticipates that submitting an entry summary declaration (ENS) and, where applicable, an exit summary declaration (EXS) will present a significant ongoing administrative burden for carriers, as it will be a new legal obligation and an additional cost to submitting a customs declaration for import and export purposes.
In practice, HMRC expects the cost of submitting the data required to be passed on by the carrier or the operator to the importer. Carriers will either need to pay a Community Service Provider (CSP) per declaration or invest in their own software through which to submit declarations. Depending on the operators’ current experience and capabilities, particularly those operators who have previously only transported goods to the EU, they are likely to incur significant one-off costs in familiarising themselves with the new rules, purchasing software, training staff, setting up systems etc. In addition, many importers do not currently have access to all of the data required to complete a safety and security declaration so there will be an additional burden to them in obtaining this data.”
Conclusion
8.The operation of new customs arrangements after the end of the TP is a key aspect of the UK’s withdrawal from the EU. While this instrument proposes a temporary waiver for ENS declarations, HMRC expects significant one-off costs and ongoing administrative burdens for businesses when the waiver has expired. In addition, the arrangements between NI and GB, including in relation to safety and security declarations, are still subject of ongoing negotiations with the EU. These are significant issues that may be of interest to the House. The draft Regulations are drawn to the special attention of the House on the ground that they are politically or legally important and give rise to issues of public policy likely to be of interest to the House.
Draft Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020
Date laid: 13 October 2020
Parliamentary procedure: affirmative
The purpose of these draft Regulations is to implement the Northern Ireland Protocol (“the Protocol”), specifically in relation to restrictions on the use of ozone depleting substances and fluorinated greenhouse gases. As a result of the changes proposed by this instrument, two separate systems will operate in Northern Ireland (NI) and Great Britain (GB) after the end of the Transition Period, and there will be controls on the movement of relevant gases, substances and equipment between NI and GB, requiring checks between NI and GB. The Department says that this approach is necessary to implement the Protocol and to ensure that the UK remains compliant with its international obligations and can deliver its wider climate change commitments. This specific policy area is one of the international obligation exemptions to the wider unfettered market access policy that is being legislated for in the UK Internal Market Bill.
The draft Regulations are drawn to the special attention of the House on the ground that they are politically or legally important and give rise to issues of public policy likely to be of interest to the House.
9.The purpose of these draft Regulations, laid by the Department for Environment, Food and Rural Affairs (Defra) with an Explanatory Memorandum (EM), is to implement the Northern Ireland Protocol (“the Protocol”), specifically in relation to restricting the use of ozone depleting substances (“ODS”) and fluorinated greenhouse gases (“F gases”).
10.Defra explains that EU law4 restricts the use of ODS and F gases in order to protect the ozone layer and mitigate climate change. This instrument proposes changes to a previous EU Exit instrument,5 so that EU law in relation to ODS and F gases will apply directly only in Northern Ireland (NI) after the end of the Transition Period (TP) as required by the Protocol, whereas retained EU law will apply in Great Britain (GB). Under these new arrangements, NI will remain within the EU market for F gases and ODS, and there will be a separate, independent market within GB. This will require controls on the movement of relevant gases, substances and equipment between NI and GB. This specific policy area is one of the international obligation exemptions to the wider unfettered market access policy which is currently being legislated for through the UK Internal Market Bill.
Background
11.The EM states that current EU law bans all ODS, with derogations for essential uses and where no technically feasible alternatives are available. Their use is controlled and monitored: imports and exports must be licensed and annual reports on production and consumption must be submitted to the UN Ozone Secretariat. Defra says that, at present, the European Commission (“the Commission”) carries out most of these control functions on behalf of the UK. Producers and users of ODS must apply each year for a quota which sets a quantitative limit on the amount they can use for certain permitted uses. All imports and exports of ODS between the EU and third countries must be licensed and companies must report annually to the Commission on their use of ODS. Through this licensing system, the EU and the UK comply with their legally binding obligations under the UN Montreal Protocol on Substances that Deplete the Ozone Layer (“the Montreal Protocol”).
12.The EM states that F gases have largely replaced ODS and while they do not harm the ozone layer, they are powerful greenhouse gases.6 They are used in refrigeration, air-conditioning, insulation foams, electrical equipment, aerosol sprays, medical inhalers, solvents, fire extinguishers and other industrial applications. EU law requires a 79% cut in the use of hydrofluorocarbons (HFCs), which are the main group of F gases, between 2015 and 2030, and a phasing down of the amount of HFCs that can be placed on the EU market by allocating steadily reducing quotas to HFC producers and importers. According to Defra, this quota allocation process is the main mechanism by which the EU and the UK meet their obligations to phase down HFCs under the Kigali Amendment to the Montreal Protocol, which came into force in 2019. These emission reductions are factored into the UK’s current carbon budget calculations and emissions reduction targets.
Key changes
13.Defra says that the changes proposed by this instrument will continue to restrict the use of ODS and to phase down the use of HFCs after end of the TP by transferring as closely as possible the requirements of current EU law into UK law. The instrument proposes provisions to control the movement of F gases and ODS between GB and NI, which will be treated as third country movement from 1 January 2021 and will be deemed as imports/ exports for the purposes of F gas and ODS trade. Defra says that controlling F gas and ODS trade between GB and NI in this way is necessary to maintain the integrity of the GB and EU F gas and ODS quota and licensing systems, implement the Protocol and ensure that the UK remains compliant with its international obligations under the Montreal Protocol and able to deliver its wider climate change commitments.
14.We asked Defra about the practical impact of these controls, as this is not clearly explained in the EM. The Department told us that the control of relevant gases, substances and equipment “would apply to the movement of all F gas and ODS goods/trade” between NI and GB, including household fridges, air-conditioning products and aerosol sprays. Defra added that “at the NI-GB boundary this means that checks would be mandated for both NI-GB and GB-NI trade to regulate the licences and quota and ensure the integrity of the GB and EU systems and markets”. As NI will remain in the EU F gas and ODS systems and market, there will not be any changes to the movement of F gases and ODS between the EU and NI.
Conclusion
15.These draft Regulations deal with a specific policy area that is one of the international obligation exemptions to the Government’s unfettered market access policy. There will be two separate systems in GB and NI that will require the introduction of controls and checks on the movement of certain gases, substances and equipment between NI and GB. This and the potential practical impact on trade between NI and GB, are issues that the House may wish to explore further. The draft Regulations are drawn to the special attention of the House on the ground that they are politically or legally important and give rise to issues of public policy likely to be of interest to the House.
Draft Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020
Date laid: 13 October 2020
Parliamentary procedure: affirmative
Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (SI 2020/1112)
Date laid: 13 October 2020
Parliamentary procedure: negative
The purpose of these two instruments is to implement the Northern Ireland Protocol (“the Protocol”) in relation to product safety and metrology and help to ensure that qualifying Northern Ireland goods have unfettered access to the whole of the UK market after the end of the Transition Period, in line with the Government’s commitment and in the wider context of the UK Internal Market Bill. SI 2020/1112 makes provisions in an area where there appears to be a potential difference in the positions of the UK Government and the EU on the interpretation of the Protocol, specifically whether bodies in Great Britain that assess the product safety conformity of products will be able to continue to carry out that role for products placed on the market in Northern Ireland. These are issues that the House may wish to explore further.
The instruments are drawn to the special attention of the House on the ground that they are politically or legally important and give rise to issues of public policy likely to be of interest to the House.
16.These two instruments have been laid by the Department for Business, Energy and Industrial Strategy (BEIS), each accompanied by an Explanatory Memorandum (EM). Together, the instruments implement the Northern Ireland Protocol (“the Protocol”) in relation to product safety and metrology (that is products used for scientific and industrial measurement) and help to ensure that qualifying Northern Ireland (NI) goods have unfettered access to the market within Great Britain (GB) after the end of the Transition Period (TP). The key changes made by the instruments are summarised below.
17.BEIS says that the two instruments complement changes made by other statutory instruments which together will provide a product safety and metrology framework for NI that meets the requirements of the Protocol.7 There are also instruments laid by other Departments that implement the requirements of the Protocol in relation to specific sectors or products, such as hazardous substances and packaging or construction products.8
Draft Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020
18.An earlier EU Exit instrument9 established a stand-alone UK product safety and metrology regime, covering products ranging from lifts and machinery to toys and cosmetics, to mirror the current EU regime. This included the introduction of a framework for a new UK product conformity marking (UKCA) to be affixed to products to indicate conformity with relevant product safety and metrology requirements, to replace the current EU marking (CE) after the UK’s withdrawal from the EU.
19.These draft Regulations would allow products that meet the requirements of the EU product safety regime and lawfully bear the CE marking, to be recognised automatically as also satisfying the requirements of the GB regime, so that these products can be circulated on the GB market, but only for a period of 12 months after the end of the TP. The earlier EU Exit instrument introduced such a transition period but did not specify an end date.
20.The draft Regulations also propose the introduction of a new UK(NI) indication that is to be used after the end of the TP. BEIS explains that under the new arrangements, if a business wants to place a product on the NI market, it will need to manufacture that product to EU requirements and apply a CE or other relevant conformity marking.10 If that product requires a third party conformity assessment under the relevant EU legislation, and if a UK Notified Body (see para 26 below) is used to do that, then both a UK(NI) indication and the CE marking or any other relevant conformity marking will need to be applied. The UK(NI) indication will show that a UK notified body has been used to test against EU requirements. According to BEIS, such goods may be placed on the NI market but not sold in the EU. The instrument sets out in Schedule 1 the design of the new UK(NI) indication.
21.The draft Regulations also propose changes to implement the UK’s policy on qualifying NI goods, as defined by an earlier EU Exit instrument that we drew to the special attention of the House.11 According to BEIS, the changes are to ensure that qualifying NI goods have unfettered access to the GB market if they are products within scope of this instrument, the economic operators (that is manufacturers, importers, and distributors) meet the EU’s product safety and metrology requirements as they apply in NI under the Protocol, and the importer of those goods to GB carries out the required checks.
22.BEIS says that the new arrangements will ensure that NI businesses will be able to continue to manufacture products in line with EU requirements and place them on the market in GB as qualifying NI goods. In practice, it will mean that NI manufacturers of machinery, for example, will be able to place products with a CE mark or products marked with CE and the new UK(NI) mark on the GB market without having to take any further steps. Businesses which are distributors or wholesalers in NI of products manufactured or imported into the EU which then move to GB will take on the legal obligations associated with placing those products on the market in GB in the same way as any other business placing goods on the GB market. According to BEIS, these obligations include providing contact details and holding any necessary technical documentation about the product. The draft Regulations include provisions to ensure that existing, individually identifiable goods legally placed on the European Economic Area market before the end of the TP may continue to circulate on the GB market until they reach their end-user. The draft Regulations also propose changes to reflect updates made to EU product safety and metrology legislation during the TP that were not included in earlier EU Exit instruments.
23.The EM states that the analysis developed to inform this instrument demonstrated that “there are limited/negligible additional costs to business associated with the specific provisions made in this instrument”. We note that the EM to another instrument, which implements the Protocol in relation to hazardous substances and packaging,12 states that a regulatory triage assessment (RTA) that was conducted for these draft Regulations will be “published later this year”. The Department told us that a De-Minimis Assessment has now been signed by the Minster and will be published shortly. The Assessment, which has been shared with us, estimates that “between 10,000 and 17,000 UK manufacturers and up to 135,000 UK wholesalers and retailers will be impacted” and that over a ten year period “there will be costs of £25.7m for conformity marking, £3.7m for conformity assessment and £6.6m for familiarisation for businesses”, with the total cost for businesses estimated to be £35.9 million.
24.Given the significant number of businesses that will be affected by the changes, it would have been helpful to include this information in the EM. We are disappointed that the Assessment was not ready when the instrument was laid before Parliament: it is important that all supporting material is available at the time of laying to enable Parliament to scrutinise the legislation effectively.
Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (SI 2020/1112)
25.This instrument places the Protocol on a legal footing for the product safety and metrology frameworks as they relate to certain manufactured goods, by making changes to the UK’s existing EU derived underlying product safety and metrology legislation. This is to ensure that EU law will continue to be implemented in NI, as required by the Protocol. The new UK product safety and metrology regime established by earlier EU Exit instruments will apply to GB only.
26.BEIS explains that under current EU derived product safety and metrology legislation economic operators are required to demonstrate that certain products, before they can be placed on the market, conform with the essential statutory requirements. This is done by conformity assessments carried out by third party conformity assessment bodies which are referred to as “Notified Bodies”, as they have to be notified to the European Commission and Member States. Before placing the product on the market, the manufacturer must affix to the product a CE or other relevant conformity marking which indicates that the product meets all relevant statutory requirements. There are additional requirements as to the information that must be supplied along with the products, such as instruction manuals or the name and address of the manufacturer and/or importer.
27.Amongst other changes, this instrument clarifies that conformity assessment bodies based in the whole of the UK can continue to assess products that are placed on the market in NI after the end of the TP. BEIS states at paragraph 2.5 of the EM that this is “in accordance with the UK’s interpretation of Article 7 of the Protocol”. We asked the Department whether this meant that the UK and the EU interpreted Article 713 differently. BEIS explained that:
“The UK government is clear that, as set out in the text of the Protocol, Article 7.3 allows for assessments, registrations, certificates, approvals and authorisations issued or carried out by the competent authorities of the United Kingdom or by bodies established in the United Kingdom to be valid in Northern Ireland. The EU’s technical notice on Industrial Goods states that only bodies in NI can carry out this activity14 — we do not agree with this view but with the clear reading of Article 7.3.”
28.We note that this instrument makes provision in an area where the positions of the UK Government and the EU appear to differ. We draw this apparent difference to the attention of the House since it is, we believe, likely to be an issue on which the House will wish to press the Minister for clarification.
Conclusion
29.The purpose of these two instruments is to implement the Protocol in relation to product safety and metrology and help to ensure that qualifying NI goods have unfettered access to the GB market after the end of the TP. There appears to be a difference, however, in the positions of the UK Government and the EU with regard to the ability of bodies in the UK to assess products for product safety conformity for the NI market after the end of the TP. The House may wish to seek clarification on this from the Minister. The instruments are drawn to the special attention of the House on the ground that they are politically or legally important and give rise to issues of public policy likely to be of interest to the House.
Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020 (SI 2020/1125)
Date laid: 16 October 2020
Parliamentary procedure: negative
Following a review, this instrument revises the arrangements for the temporary authorisation of a COVID-19 or flu vaccine during a public health emergency. It also facilitates provision for mass vaccination by allowing a wider range of people to administer vaccines where necessary, and simplifies administration for the vaccine supply chain. Despite the obvious need for speed, the Department of Health and Social Care conducted a short consultation and its results have improved safeguards: we commend this as good practice.
These Regulations are drawn to the special attention of the House on the grounds that they give rise to issues of public policy likely to be of interest to the House.
30.These Regulations have been laid by the Department of Health and Social Care (DHSC) and are accompanied by an Explanatory Memorandum (EM) and an Impact Assessment (IA). They make permanent changes to the Human Medicines Regulations 201215 to strengthen existing provision for the temporary authorisation of the supply of unlicensed medicines, including vaccines, and for their delivery to the public.
31.Although subject to the negative resolution procedure (which usually involves a 21-day period before coming into effect), most of the instrument has been brought into effect immediately. DHSC state in the EM that, at the time of laying, there was no immediate prospect of the deployment of a medicine temporarily authorised under the revised powers, but it was possible that regulatory decisions may need to be taken, within the 21-day period, in anticipation of such deployment; for example in relation to the annual flu vaccination programme.
Background
32.Until the end of the Transition Period, the licensing of some medicinal products in the UK, including a potential COVID-19 vaccine, still needs to be undertaken by the European Medicines Agency. However, the relevant Directive does make provision for any Member State to authorise temporarily an unlicensed vaccine’s sale or supply in their territory, if they consider this to be justified on public health grounds.
33.In the UK, medicines are regulated by the Medicines and Healthcare products Regulatory Agency and the long-established independent Commission on Human Medicines which advises the UK government on the safety, quality and efficacy of medicines. (The future role of these organisations is being considered as part of the Medicines and Medical Devices Bill currently going through the House.)
34.DHSC state that no new vaccine will be deployed unless stringent standards have been met through a comprehensive clinical trial programme.
Key features
35.This instrument modifies and extends existing arrangements to:
- clarify the temporary authorisation process for medicines, allowing the DHSC to impose conditions as part of a temporary licence;
- make an exception to the ban on advertising unlicensed medicines to allow authorised vaccines to be promoted during a pandemic;
- allow for the expansion of the workforce able to administer COVID-19 and influenza vaccines to include other healthcare professionals until April 2022, and potentially non-healthcare professionals;
- give those administering immunisations a degree of liability cover if working under these protocols; and
- provide an exemption to NHS providers and the military from the need to hold a wholesale dealer’s licence so as to speed up the supply chain for COVID-19, flu vaccines, and other medicines for treatment of pandemic disease.
Consultation
36.DHSC held a three-week consultation which attracted over 188,000 responses and also held a number of meetings with health and social care professional bodies and pharmaceutical industry representatives. This has resulted in the clarification of certain provisions and added safeguards. We regard this as good practice and a way of making it more likely that these emergency arrangements will operate without any unintended consequences.
Impact
37.The costs of delivering mass vaccination include employing and training an enlarged workforce of vaccinators (estimated at £45 to £60 million) and producing and administering the vaccines (estimated at around £1,765 million). This is offset by the benefits of decreased morbidity and the likelihood of less hospitalisation if the frequency and severity of the disease is reduced. However, the IA is clear that these outcomes are simply informed guesses until the characteristics of a viable vaccine are known.
1 These territories are Andorra, Monaco, Norway, Liechtenstein, Switzerland, Ceuta and Melilla, Heligoland, San Marino, the Vatican, the municipalities of Livigno Campione d’Italia and the Italian national waters of Lake Lugano between the bank and the political frontier of the area between Ponte Tresa and Porto Ceresio.
2 Cabinet Office, News Story: Government accelerates border planning for the end of the Transition Period on 12 June 2020: https://www.gov.uk/government/news/government-accelerates-border-planning-for-the-end-of-the-transition-period.
3 HMRC, ‘Impact assessment for the movement of goods if the UK leaves the EU without a deal (third edition)’ (7 October 2019): https://www.gov.uk/government/publications/hmrc-impact-assessment-for-the-movement-of-goods-if-the-uk-leaves-the-eu-without-a-deal/hmrc-impact-assessment-for-the-movement-of-goods-if-the-uk-leaves-the-eu-without-a-deal-third-edition [accessed 22 October 2020].
4 Regulation (EU) No 517/2014 on fluorinated greenhouse gases (“the F gas Regulation”), Regulation (EC) No 1005/2009 on substances that deplete the ozone layer (“the ODS Regulation”) and related implementing legislation.
5 Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/583).
6 A NASA study from 2015 suggests that while hydrofluorocarbons (HFCs) are only weak ozone-depleting substances, they are strong greenhouse gases and that, if production trends continue, the amount of global warming by all HFCs could be as large as 20 percent that of carbon dioxide by 2050. See NASA, Press Release: NASA Study Shows That Common Coolants Contribute to Ozone Depletion on 22 October 2015: https://www.nasa.gov/press-release/goddard/nasa-study-shows-that-common-coolants-contribute-to-ozone-depletion.
7 The other instruments include, for example, the Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (SI 2020/678).
8 Draft Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, see para 60 of this report and the Draft Construction Products (Amendment etc.) (EU Exit) Regulations 2020.
9 Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/696), see: SLSC Sub-Committee B, 17th Report, Session 2017-19 (HL 293).
10 For example, the reversed epsilon “Э“conformity marking that is required for aerosols.
11 Draft Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020, 31st Report, Session 2019-21 (HL 153).
12 Draft Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, see para 60 of this report.
13 DExEU, ‘Article 7, Protocol on Ireland/Northern Ireland to the Withdrawal Agreement’ (17 October 2019): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/840230/Revised_Protocol_to_the_Withdrawal_Agreement.pdf [accessed 22 October 2020]
14 European Commission, ‘Notice to Stakeholders – Withdrawal of the United Kingdom and EU rules in the field of industrial products’ (13 March 2020): https://ec.europa.eu/info/sites/info/files/notice_to_stakeholders_industrial_products.pdf [accessed 22 October 2020].
15 SI 2012/1916, as amended.