News 01 February 2018

EU Commission issues notice on effect of Brexit on import/export licences

The European Commission has published a notice on the effect of Brexit on import and export licences (25 January). The notice states that in the absence of a ratified withdrawal agreement specifying a new exit date, all EU legislation will no longer apply to the UK from 30 March 2019. The UK will then be classed as a ‘third country’.

The notice states that stakeholders engaged in the shipment of goods subject to import/export licences ‘are reminded of the legal repercussions’ in event of this outcome. It also outlines some of the sectors in which import/export licences are used, which include:

  • Waste (Regulation (EC) No 1013/2006)
  • Certain hazardous chemicals (Regulation (EU) No 649/2012)
  • Ozone-depleting substances (Regulation (EC) No 1005/2009)
  • Mercury and certain mixtures of mercury (Regulation (EU) No 2017/852)
  • Drug precursors (Council Regulation (EC) No 111/2005)
  • Genetically-modified organisms (Regulation (EC) No 1946/2003)
  • Specimens of endangered species (Council Regulation (EC) No 338/97)
  • Cultural goods (Council Regulation (EC) No 116/2009)
  • Rough diamonds (Council Regulation (EC) No 2368/2002)
  • Dual-use goods (Council Regulation (EC) No 428/2009)
  • Firearms and ammunition (Regulation (EU) No 258/2012)
  • Military technology and equipment (Council Common Position2008/944/CFSP)
  • Certain goods which could be used for capital punishments/torture (Council Regulation (EC) No 1236/2005)

Stakeholders are advised to consider taking ‘the necessary steps’ to prepare for this possible eventuality.