Draft of legislation amendments that address changes to explosive sector regulations if UK leaves without an exit deal with the EU

HSE have advised that the operability fixes to the Explosives Regulations 2014 in the event that the UK leaves the EU with a ‘No Deal’ in place have now been laid before Parliament.  They are part of a Department for Business, Energy & Industry Strategy (BEIS) bundle as a Statutory Instrument (SI) entitled  “The Product Safety & Metrology etc. (Amendment etc.) EU Exit Regulations 2019.”  This document can be accessed at [Insert link from message].  There is a technical notice published earlier in the year which explains the fixes in the SI including specific provisions on civil explosives.  This is available using the following link [insert the trading goods if there’s no deal in place]

It is important that members bear in mind that these draft regulations, once passed, only become effective if a “No Deal” situation occurs on the day the UK leaves the EU.  HSE set this view in their circulation  “The SI will ensure the product safety and metrology legal frameworks remain operable after Exit in a ‘no deal’ scenario.”

In looking through the draft SI, which covers a great deal more than our sector, there are other areas that could be of interest to members and, there are also provisions to amend Northern Ireland explosive related legislation.  The Legal & Compliance team are currently looking at the material and will be circulating further once the draft has been considered.  For members assistance the following are the locations within this large document of the areas for our sector –

  • Schedule 16 contains amendments to the Explosives Regulations 2014 and associated provision relating to retained direct EU legislation.  This can be found on pages 94 to 121 of the draft
  • Schedule 19 contains amendments to the Pyrotechnic Articles (Safety) Regulations 2015.  These are on pages 122 to 150
  • Schedule 25 containing amendment of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016, are on pages 290 to 319

For members in Northern Ireland, or who do business that is subject to Northern Ireland legislation the material is contained in Part 4 of the document the following

  • Schedule 30 contains amendment of the Identification and Traceability of Explosives Regulations (Northern Ireland) 2013 and is on page 497
  • Schedule 31 contains amendments of the Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016.  These and on pages 498 to 524
  •  Schedule 32 containing amendment of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017.  These are on pages 525 to 553

Members will be advised of any update on this issue as soon as we have anything further.  If members have any queries please feel free to contact members of Legal & Compliance.

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