The UK has left the EU. From 1 January 2021 the UK will automatically drop out of the EU’s main trading arrangements and new rules will apply also to vaping businesses.
Some of the major changes appling from January 2021:
- Notification: the notifications of new vaping products for the UK market must be submitted to the MHRA portal, while the notifications for the EU markets will continue to be submitted to the EUCEG. Products previously notified on EU-CEG for the UK will automatically be transferred to MHRA portal.
- Conformity assessment or marking: the UKCA mark will be the conformity assessment marking for Great Britain for most goods currently subject to CE marking. The CE marking will be accepted in the UK until 1 January 2022 only for certain products.
- Any product placed on the market in the EU or the UK before the end of the transition period can still be available and circulate until it reaches its end-users. it’s important to keep documentary proof that the good was placed on the market in the EU or in the UK before the end of the transition period
- Chemicals Regulations: UK will have independent chemicals regulatory framework, UK REACH and UK CLP.
- Northern Ireland: in Northern Ireland EU’s trading arrangements will continue to be applied.
In addition, if your business is EU based:
- Notification: when submitting an updated version of a previous notification to EU-CEG, EU manufacturers and importers will need to ensure that the UK market is not mentioned in the submission.
- VAT and customs: supplies and movements of goods between the EU and the UK will be subject to VAT rules on imports and exports. Goods will therefore be subject to customs supervision and may undergo customs controls.
- Northern Ireland: movements of goods between Northern Ireland and the Member States will be considered intra-EU transactions
- Chemicals Regulations: manufacturers and importers have a duty to register chemicals that access the UK market. The competent Authority is HSE.
If your business is UK based:
- Cross-border distance sales: Businesses that supply e-cigarettes to consumers directly within the European Economic Area1, must perform a dedicated registration within each EEA State. Registration is not required for businesses who trade exclusively with other businesses and UK retailers selling exclusively to customers located outside the EEA.
- Northern Ireland: movements of goods between Northern Ireland and other parts of the UK will be treated as imports / exports.
- Chemicals Regulations: EU REACH registrations held by UK-based companies will carry across directly into UK REACH, legally ‘grandfathering’ the registrations into the new regime. GB-based companies currently registered with EU REACH will no longer be able to sell into the EEA market without transferring their registrations to an EU/EEA-based organisation. They also need a valid UK REACH registration to maintain access to the UK market.