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Technical Notices

The UK Government is publishing a large number of documents, referred to as technical notices, which set out information to allow UK businesses and citizens to understand what they would need to do in a ‘no-deal’ scenario, so they can make informed plans and preparations.

The UK Government has stated:

'A scenario in which the UK leaves the EU without agreement (a ‘no deal’ scenario) remains unlikely given the mutual interests of the UK and the EU in securing a negotiated outcome. Negotiations are progressing well and both we and the EU continue to work hard to seek a positive deal. However, it’s our duty as a responsible government to prepare for all eventualities, including ‘no deal’, until we can be certain of the outcome of those negotiations.'

Each notice is being carefully reviewed by the Cabinet Office and the relevant Isle of Man Government Department and a summary of the impact or relevance of each technical notice will be published here.

First tranche – published 23 August 2018

Technical NoticeImplications for the Isle of Man

UK Government’s preparations for a no-deal scenario

This technical note provides an overview of the publication of the Technical Notes, setting them in context, and making the following key points:

• The UK Government expects to find agreement on a deal with the EU

• It has, however, since the referendum, been making plans to leave the EU on the basis of either and agreed settlement with the EU, or potentially, in absence of such an agreement

The Isle of Man Government has been working with UK Government since the referendum to ensure that the Island is also prepared for the UK’s departure from the EU, and that it is aware of the measures being brought forward by the UK.

Horizon 2020

Isle of Man researchers, universities and businesses do not currently have access to EU-funded programmes such as Horizon 2020, and so this notice is not of direct relevance for Isle of Man based institutions.

Delivering humanitarian aid programmes

The UK Government has undertaken to continue to provide funding for humanitarian projects being carried out by UK NGOs using EU funding.

Isle of Man NGOs do not currently have access to EU-funded programmes, and so this notice is not of direct relevance.

State Aid

EU state aid rules have only limited application in the Isle of Man, and any notifications which may be required in respect of Isle of Man aid are currently made via the UK.

This is an area where the Isle of Man is already working closely with the UK to confirm our obligations post-exit.

UK Government’s guarantee for EU-funded programmes

Isle of Man businesses, individuals and NGOs do not currently have access to EU-funded programmes, and as such this notice is not of direct relevance for us.

Ensuring blood and blood products are safe

This notice makes it clear that, in the event of a no-deal exit, the UK will maintain equivalence with EU standards on the importation of blood and blood products. This is a measure to prevent any potential disruption to the importation of blood and blood products from the EU.

The Isle of Man’s blood transfusion service produces ‘whole blood’ on-Island and obtains other blood products (and some whole blood) from the UK. The Isle of Man will be in the same position as the UK post-exit.

Medicines, medical devices and clinical trials

This notice provides information in respect of the approval systems for medicines, medical devices and clinical trials.

Current standards in this area derive largely from EU law and this notice makes it clear that, in the event of a no-deal exit, the UK will maintain equivalence with EU standards and will largely accept EU authorisations (existing and new) to ensure that patients are able to access new and innovative medicines and devices.

The Isle of Man is a purchaser of medicines and medical devices and will be able to continue to benefit from the UK regulatory system in this area.

Quality and Safety of Organs, Tissues and Cells

All transplants required by Manx patients are carried out in UK hospitals.

In the event of a no-deal exit, the UK will maintain equivalence with EU standards in this area.

This notice, therefore, has no direct relevance for the Isle of Man.

Labelling tobacco products and e-cigarettes

Regulations and standards in the area of tobacco are largely derived from EU Directives. This notice makes it clear that, in the event of a no-deal exit, the UK will maintain equivalence with current EU standards, but will have the power to update them post-exit in response to emerging threats.

In the immediate term, it is likely that the picture warnings on tobacco products in the UK market would change as these are owned by the EU.

The Isle of Man does not manufacture tobacco products or e-cigarettes and is a purchaser from the UK market. The Isle of Man will therefore be able to continue to benefit from the UK regulatory systems in this area.

Batch Testing of Medicines

In the event of a no-deal exit, the UK will continue to accept batches of medicines tested in the EU. This is a measure to prevent any disruption to the importation of medicines from the EU.

As a purchaser from the UK medicines market, the Isle of Man will continue to benefit from UK approval systems.

Regulatory information on medicinal products

This notice explains the UK’s intention to establish its own processes and systems for the manufacturing of medicines and medical devices and the conduct of clinical trials. It makes clear that stakeholders may, in the future, need to make dual applications to UK and EU regulators.

The Isle of Man is not a manufacturer of medicines or medical devices covered by the regulations referred to in this notice, and we do not conduct any clinical trials which require applications to UK/EU regulatory authorities. We will therefore be able to continue to benefit from UK regulatory systems.

Payments to farmers

The Isle of Man determines its own agricultural policy and the Department for Environment, Food and Agriculture is responsible for providing support to our farmers.

The Isle of Man conforms to certain obligations in order to facilitate trade with the EU, such as official controls in respect of farm to fork traceability and animal welfare provisions.

The Isle of Man is engaged in discussions with the UK regarding how these obligations will function post-exit.

Civil Nuclear Regulation

This notice deals with the governance of the import and export of radioactive substances in things such as medical equipment (scanners etc.) for the hospital, certain equipment used in the construction industry and various other applications.

The Isle of Man has a requirement to regulate the import and export of ionising radiation substances, and will continue to do so irrespective of the outcome of Brexit negotiations

The Department of Environment, Food and Agriculture will ensure that it is in a position to continue carrying out this function after the UK’s exit, including bringing forward new legislation where necessary.

Nuclear Research

Nuclear research is not an area of direct relevance for the Isle of Man.

Producing and processing organic food

Currently, there are no businesses based on the Isle of Man which export organic food into the EU market.

Post-exit, new legislation may be required to facilitate this should demand arise.

Developing Genetically Modified Organisms (GMOs)

The Isle of Man’s Genetically Modified Organisms Act (2001) prohibits the import into the Island of any GMO and gives the Department of Environment, Food and Agriculture the power to make regulations in this area.

While the Isle of Man could potentially therefore diverge from the UK in this area, this would require careful consideration of the full implications.

Rural Development Programme

The Isle of Man determines its own agricultural policy and the Department for Environment, Food and Agriculture is responsible for providing support to our farmers.

The Rural Development Programme is therefore not of direct relevance to the Isle of Man.

VAT for Business

This notice outlines some of the effects that Brexit will have for VAT registered businesses in a no-deal scenario. Generally this will mean that trading with the EU will be the same as trading with other countries worldwide. Isle of Man traders will treat VAT with the EU27 in exactly the same way as they currently treat VAT with all other countries worldwide.

Some specific aspects of VAT will change, particularly the use of EU wide VAT schemes and the removal of the use of the terms “acquisitions” and “dispatches” from and to the EU27.

The Isle of Man will not treat VAT any differently from the UK post-exit, maintaining its commitment to the Customs & Excise Agreement.

Trading with the EU

This notice covers the treatment of excise duty on the importation of oils, tobacco and alcohol. These products are normally imported into the UK before moving to the Island and this is unlikely to change post-exit, meaning that any excise charges would be dealt with in the UK rather than in the Isle of Man.

Should any direct imports occur in the Island, the relevant legislative changes to Manx Acts concerning excise duties will be made to correspond to the UK amendments, and therefore these imports will mirror the UK treatment.

Exporting controlled goods

This notice relates to a specialised area of trade, which businesses on the Island have very little involvement with. As the notice makes clear, these goods will require licences in order to be traded with the EU.

For individuals, for example someone moving firearms across borders in order to attend shooting competitions, the current system of temporary export of firearms used for the rest of the world will extend to include EU countries. Any individual using this will also need to confirm that the destination country will permit re-export to allow them to bring the firearm back to the Island after the competition.

Trade Remedies

In order to meet its obligations as a member of the WTO the UK is establishing a new Trade Remedies Authority.

It is not envisaged that the new Trade Remedies Authority would have any direct implications for the Isle of Man.

Classifying goods in the UK Trade Tariff

This notice clarifies that movements of goods to and from the EU post-exit will be treated as imports and exports, in the same way that other worldwide goods are treated now.

In respect of Ireland, the notice emphasises that the UK will seek to maintain its unique relationship with Ireland and that ‘a full range of outcomes’ will need to be considered to find the most workable solution including a customs solution in the event of a no deal scenario.

Direct trade between the Isle of Man and Ireland for Customs purposes is limited, and any goods crossing the Ireland/NI border for onward transit to the Island will be subject to customs clearance and charging in Northern Ireland. Once goods have passed through that border they will be in free circulation in the UK/IOM customs territory so there should not be any issues for Manx traders.

Workplace Rights

The UK Government has undertaken to ensure that Brexit will not result in workers losing any employment protection in the event of a no-deal scenario.

While influenced by many sources, Manx Employment rights ultimately derive from our own domestic legislation. There will be no direct effects on the rights of persons working on the Island as a result of Brexit.

Manx workers working in EU countries should check their position post-Brexit though it should be the case that people working in a particular country would continue to be protected under the employment law of that country.

Banking, Insurance and other Financial Services

The UK’s Notice explains that in the unlikely event of a no deal scenario, the UK will essentially lose member state access rights for financial services and fall back on regulatory equivalence measures and special arrangements to seek to maintain two way financial business as far as possible with the EU.

It confirms domestic financial services will largely remain unaffected.

The Isle of Man is already a third country for financial services business with the EU (as per Protocol 3) and has become a successful international finance centre despite.

Consequently the Isle of Man has only limited dependence on the EU for financial business compared with the UK.

The Isle of Man’s regulatory framework is also built around broader international standards rather than mirroring the EU and we have no legal implications that arise from a no-deal situation.

Consequently there are no specific consequences of a no deal Brexit identifiable from the UK’s published Notice for the Isle of Man other than the macro risk that a downturn in the UK economy through reduction in their financial services industry could lead to an element of downturn in the Isle of Man’s given the linkage that exists between our economies.

The exception is that the UK mentions it may lose access to SEPA (Single European Payments Area) which provides for fast low cost Euro payments and some banks in the Isle of Man who also access this system may have to use alternatives as will their parent or UK operations.

Erasmus+

The Erasmus+ programme has limited relevance to the Isle of Man as there are no participating educational institutions on the Island. Eligibility for the programme is based on the institution at which a student is enrolled, rather than the nationality of the student.

Second tranche - published 13 September 2018

Second tranche – published 13 September 2018
Technical NoticeImplications for the Isle of Man

Driving in the EU

This notice sets out how the UK intends to deal with the validity of driving licences. As a member of the EU, UK driving licences are currently recognised and can be exchanged with each member state. However, should the UK leave the EU without a deal, UK drivers would be required to obtain an International Driving Permit (IDP), to use in conjunction with their current UK driving licence, for any car journeys to EU countries.

This does not affect Isle of Man driving licence holders. The Isle of Man has never been a member of the European Union, and therefore islanders have never benefitted from the same level of recognition and exchange of licences as the UK. Manx drivers are required to carry an IDP when driving in the EU and this position remains the same, regardless of the outcome of EU/UK negotiations.

Recognition of seafarer certificates of competency

The situation outlined in the Technical Notice for UK seafarers holding UK Certificates is the same for Manx seafarers. The Isle of Man does not issue STCW (Standards of Training, Certification and Watchkeeping) certificates of competency. Manx Seafarers train in the UK and will therefore hold UK Certificates.

Slight differences exist in dealing with certificates issued by EU and non-EU countries.

The Isle of Man has signed individual undertakings (under the STCW convention) with individual EU states to enable the Isle of Man to issue Endorsements of Recognition (STCW 1/10) to holders of STCW certificates issued by these EU states.

The same applies to endorsements issued to seafarers recognising certificates of competency issued by non-EU countries. The Isle of Man has undertakings in place with all recognised countries.

Accessing public sector contracts

Currently the Isle of Man does not follow EU procurement procedures (as these are not required under our current Protocol 3 relationship with the EU). These procedures require that public bodies in the UK publish all tender opportunities in the Official Journal for the European Union (OJEU) to enable suppliers from other member States to bid for work.

The Technical Note sets out an alternative procedure that will apply in the event that the UK is no longer able to publish in EU’s Official Journal – this new process involves the setting up of a UK specific e-notification service which public bodies in the UK will be required to use.

The Isle of Man will not be impacted by these changes.

Fluorinated gases and ozone depleting substances

If there is no deal, the proposed separate UK licensing system is not likely to have any effect on Isle of Man businesses as there is no production of these substances, or manufacture of products which contain them.

Industrial emissions ‘Best Available Technique’ regime

The Isle of Man has not implemented these measures as they fall outside of the scope of its Protocol 3 relationship with the EU. The environmental controls which are in place sit outside of this relationship, therefore, and so will not be impacted by the UK’s withdrawal from the EU.

Consequently the UK’s proposed Industrial Emissions BAT regime should not have any effect on the Island.

Funding for UK LIFE Projects

The Life Programme is an EU fund supporting environmental, nature conservation and climate action projects throughout the EU. It is funded and administered by the European Commission. Isle of Man organisations are not currently eligible to apply for funding under the LIFE programme, and it is therefore not relevant to the island.

Vehicle type approval

This notice sets out how the UK intends to continue with vehicle type approval, maintaining similar standards to the EU. The international basis of vehicle components is driven by the United Nations UN-ECE (United National Economic Commission for Europe) Agreements and these are incorporated into European law through Whole Vehicle Type Approval. These principles are to be retained by the UK.

Whole Vehicle Type Approval which is the basis of most, if not all, new vehicles arriving on the island. Individual specialist vehicles are subject to IVA (Individual Vehicle Approval) as part of European Whole Vehicle Type Approval. The Isle of Man will add British Type Approval to domestic legislation to ensure continuity.

Getting an exemption from maritime security notifications

The contents of this notice are not directly relevant to the Isle of Man and activities in this area will continue unaffected.

European Social Fund grants

The European Social Fund provides funding for employment schemes, education and training, to support society’s most disadvantaged people and help them to acquire relevant skills to support entry into employment and progression in work. Funding is not currently available for individuals or organisations based in the Isle of Man, and it is not envisaged that there will be any implications for the Isle of Man should there be a negotiated settlement between the UK and the EU, or not.

Trading in drug precursors

The type of business activity referred to in this notice does not currently take place in the Isle of Man. There are, therefore, no anticipated implications.

European Regional Development Funding

The current European Regional Development Fund Programme provides funding to support regional growth and reduce differences in economic performance between regions. Funding is not currently available for individuals or organisations based in the Isle of Man, and it is not envisaged that there will be any implications for the Isle of Man should there be a negotiated settlement between the UK and the EU, or not.

Mobile roaming

The Isle of Man already sits outside of the EU roaming regulations and so does not currently benefit from them. This means EU operators can impose higher rates on Isle of Man operators today.

 

Local operators therefore have to negotiate roaming contracts directly with operators in other jurisdictions. The Communications Commission and the mobile operators have advice on roaming on their websites.

Upholding environmental standards

This Notice is not of direct relevance to the Isle of Man.

The Island upholds its own standards in respect of environmental issues.

Travelling in the Common Travel Area

Click here to view the Isle of Man-specific Technical Notice relating to the Common Travel Area

Reporting CO2 emissions for new cars and vans

This notice sets out how the UK intends to deal with emissions standards. This is a very critical area where deviance from a standard makes economic production of vehicles a difficulty. This does not apply to the Isle of Man as no vehicles are manufactured on the Island.

Telecoms

In the Isle of Man telecommunications is regulated by the Communications Commission through the Telecommunications Act 1984. The Commission issues licences to Island telecommunications providers. However, the Island does work with the UK regulator Ofcom on a range of matters such as telephone numbering and spectrum allocation.

The UK Wireless Telegraphy Act 2006 is extended to the Island by statutory instrument. Ofcom is therefore responsible for the licensing of spectrum in the Isle of Man and awards spectrum in consultation with the Commission. The UK’s intention is that the way Ofcom carries out its functions in relation to spectrum would be essentially unchanged.

Broadcasting and video on demand

This notice covers Broadcasters based in the UK who are licensed by Ofcom and broadcasting into the EU under the Audio Visual Media Services Directive.

The Isle of Man has its own legislation to issue licences to broadcasters based on Island and accordingly this notice does not have direct relevance for the Island.

Handling civil legal cases that involve EU countries

The proposals in this notice affect:

  • Jurisdiction – which country’s court hear a civil, commercial or family law case raising cross-border issues with other EU countries
  • Applicable law – which country’s laws apply
  • Recognition and enforcement – how a judgement obtained in one EU country should be recognised and enforced in another
  • Cross border legal procedural matters.

It is unlikely that the suggested changes in these areas will impact on the Isle of Man.

Travelling to the EU with a UK Passport

Click here to view the Isle of Man-specific Technical Notice relating to Passports

Satellites and space programmes

This Technical Notice specifically relates to:

  • the European satellite navigation programmes, Galileo and European Geostationary Navigation Overlay Service (EGNOS)
  • the Copernicus Earth Observation space programme
  • the EU Space Surveillance and Tracking (EUSST) programme.

The Isle of Man is not a member of the EU, and has over a number of years developed a small but important space industry.

Trading under the mutual recognition principle

In terms of exports from the Island there would appear to be little practicable impact. At present, where there is trade in non-harmonised goods, an exporter who complies with UK standards can avoid the need to meet local standards in another member state. As the UK leaves the EU without a trade agreement, a UK (including IOM) exporter would no longer be exempt from local standards.

In practice, the majority of Isle of Man exports to the EU are in harmonised goods, so as the UK leaves the EU the technical standards will remain the same.

Trading goods regulated under the ‘New Approach’

The CE mark is a proof of compliance with relevant safety standards for manufactured goods. The testing and application of CE marks is very specialist area and an Island company requiring type approval for safety would have to go to the UK (or beyond) to find a certificated testing house. The obligation on an Island company wishing to export goods covered by CE marking would be the same as for any UK company.

Appointing nominated persons to your business

Island businesses which use UK based agents for exports to the EU will need to find a new agent based inside the EU. However, there are likely to be very few businesses affected by this. The UK is the Island’s largest export market and this would be unaffected.

Connecting Europe Facility energy funding

The Trans-European Networks-Energy (TEN-E) regulation sets out the criteria and process for an energy project to earn the status of Project of Common Interest (PCI) (key infrastructure projects that are of EU benefit, especially cross-border projects, that link the energy systems of EU countries) including benefiting from a streamlined permitting process. PCI status is the first step for a project to be eligible for a CEF energy grant award under the linked CEF regulation, which provides the possibility of part funding PCI energy projects for studies and construction.

To be eligible for funding, projects must connect EU countries. This funding would not therefore apply to connections to and from the Isle of Man.

Data Protection

This notice sets out the terms upon which the UK intends to continue with the EU standards for the purposes of protection of personal data and in particular enabling continued flow of data between the UK and the EU in the event of a no deal exit. It is stated that the UK will maintain equivalence with EU standards relating to the protection of personal data as they are set out at an EU level, in the General Data Protection Regulation (GDPR), through the Data Protection Act 2018 (UK) which broadly implements a GDPR standard in data protection.

The Isle of Man has its own independent supervisory authority and legislative regime, and although the implementing legislation is similar to the UK, the legal framework is established for all controllers and processors in the Isle of Man independently of the UK and directly imports the GDPR into domestic law. However, whilst personal data could continue to be transferred to the UK from the Isle of Man (as a jurisdiction with a current adequacy decision), additional safeguards may be required in the short term, to continue to allow that free flow of data to a jurisdiction which is neither a member state, nor a third country with adequacy.

Organisations may need to consider an alternative legal basis for the transfer other than reliance upon an adequacy decision. The Isle of Man is engaged in discussions with the UK regarding the intentions for adequacy for the UK post- exit.

Merger review and anti-competitive activity

This notice sets out how merger review and investigations into anti-competitive activity would be affected if the UK leaves the EU with no deal.

The provisions relating to mergers should not have any impact on the Island.

The provisions relating to anti-competitive activity are relevant, in theory, to any local business trading into the UK. In practice however because of our scale it seems highly unlikely that an Isle of Man business could be capable of producing a measurable distortion of a UK market; let alone an EU market.

Running an oil and gas business

This notice explains to businesses engaged in energy sector activities (e.g. oil and gas exploration and production operations), and companies obligated under the UK's Compulsory Stockholding of Oil regime, how these will apply should the UK leave the EU in March 2019 with no agreement in place.

The provisions referred to in this notice are not directly relevant to the Isle of Man.

European Firearms Pass

The EFP is a form of passport for firearms and is designed for use by those who are travelling with their firearms between EU countries. EFPs are issued by the EU country in which a firearm owner is resident.

The European Directive concerning the EFP does not apply on the Isle of Man. At present, transfers of firearms to and from EU member states and the Isle of Man do not require an EFP and therefore no change is anticipated for Island residents. 

Third tranche - published 24 September 2018

Third tranche – published 24 September 2018
Technical NoticeImplications for the Isle of Man
Registration of veterinary medicines

In the event of a no-deal exit, the UK intends to continue to accept batch testing of veterinary medicines carried out in the EU/EEA or any third countries with whom the EU has made arrangements. Products that meet EU requirements could continue to be placed on the UK market without any need for re testing or re-marking. This would apply for a time-limited period and sufficient notice would be given to businesses before that period ends.

As a purchaser from the UK Veterinary medicine market, the Isle of Man will continue to benefit from UK approval systems. The Isle of Man does not manufacture/market any Veterinary Medicines.
Regulation of veterinary medicines

As a purchaser from the UK Veterinary medicine market, the Isle of Man will continue to benefit from UK approval systems. The Isle of Man does not manufacture/market any Veterinary Medicines.

Aviation Safety

This notice on aviation safety and related matters in the event of no deal refers to changes in the responsibilities of the respective aviation oversight and certification bodies in the EU (EASA) and the UK (CAA).

No major change in envisaged for the operations of the Isle of Man’s Civil Aviation Authority or the Island’s Aircraft Registry as a result of the UK’s exit from the EU. Both bodies seek to ensure compliance with International Civil Aviation Organisation (ICAO) Standards and Recommended Practices (SARPs). The UK’s ratification of the Chicago Convention extends to include the Isle of Man and is not impacted by the UK’s withdrawal.

The IOM Civil Aviation Authority can currently apply EU aviation legislation into Isle of Man law and this is based on the proactive incorporation of ‘best practice’ and contemporary international legislation. This is an approach designed to put the Island at the forefront of regulation, to support a thriving business climate and to promote the Island as an Aviation Centre of Excellence. The power to introduce EU and other international legislation into effect on the Island will not be affected by the UK’s withdrawal from the EU.

The Isle of Man has a significant aerospace design, manufacturing and aircraft maintenance cluster which collectively has customers globally (including the UK and EU), and already supplies goods and services to the standards certified and determined by those under which their customers operate (whether or not EU or UK specified). Businesses in these sectors will need to ensure they can adapt to any changes in customer requirements as a result of changes in the corresponding oversight bodies.
Generating low-carbon electricity The Isle of Man is not eligible for UK renewable energy incentives i.e. feed-in tariffs, renewable obligation certificates or contract for difference etc. Therefore, the origin of generation of renewable energy and certification of installers is not applicable in the IOM.
Regulating chemicals (REACH) The Isle of Man does not currently have an equivalent of REACH in Health and Safety legislation but works with the UK in the importation and registration of chemicals where required.

It is likely that these informal arrangements will continue post-exit.

If there is a no-deal exit Isle of Man Government would be likely to look to the new UK regime to ensure a united approach to REACH (or any new UK equivalent following 29 March 2019), or if this were not possible, the Isle of Man would have to draft its own equivalent legislation.
Exporting animals and animal products If there is no deal between the UK and the EU, an Export Health Certificate (EHC) will be required for all exports of animal products and live animals from the UK and Isle of Man, to the EU.

Consignments will have to enter the EU through a Border Inspection Post (BIP). EHCs would need to be signed by an Official Vet or authorised signatory following inspection of the consignment.

Requirements for trade with third countries, outside the EU, should not change however some changes may be required to the documentation to reflect that the UK (including the Isle of Man for this purpose) is no longer part of the EU. Exporters would need to check for the latest version of the EHC for that particular destination.

Transporters wishing to transport live animals in the EU would need to appoint a representative within an EU Member State and apply to their relevant government department to obtain a valid Transporter Authorisation, Certificate of Competence, Vehicle Approval Certificate and where necessary a Journey Log.
Importing animals and animal products After the UK’s withdrawal from the EU, access to the EU import notification system (TRACES) will cease, so a new import notification system is being developed by the UK.

For an interim period the UK has indicated that it will continue to recognise transporter authorisations, certificates of competence, vehicle approval certificates and journey logs issued in the EU.

Importers would be required to notify the UK (or Isle of Man if appropriate) authorities using the new import system and would be directed to an existing UK (Border Inspection Post) BIP where relevant checks would take place.

Live animal imports to the Isle of Man direct from third Countries will continue to be prohibited.

Importers of high risk food from the EU would be required to notify the UK Food Standards Agency (FSA) of all imports, using the new import notification system. Notifications would be made electronically in advance and would be managed by the FSA. Further details relating to this system are due to be released by the FSA in the Autumn.

High risk foods imported from third countries would need to be notified as above and would then be directed to an existing UK BIP where relevant checks would take place.
Taking your pet abroad Pets (dogs, cats and ferrets) would still be able to travel from the Isle of Man to the EU however there will be additional requirements, the details of which depend on the deal reached. The extra requirements are likely to involve additional documents and health checks.

Pet owners intending to travel to the EU after exit are advised to discuss their pet travel arrangements with their private veterinary surgeon at least 4 months in advance of the date they wish to travel. This is to allow time for vaccination, subsequent blood testing and a qualifying period should they be required. In addition to this a new health certificate will be required for each journey to the EU.

On arrival in the EU, pet owners traveling with pets would be required to report to a designated Travellers Point of Entry (TPE) where they would be required to present proof of microchip, vaccination and blood test results along with their pet’s health certificate.
Commercial Road Haulage This notice relates to access to the EU for UK road haulage companies including permit arrangements, registration requirements for trailers, professional qualifications for drivers and traffic management at borders. It also relates to the previously published notice ‘Driving in the EU’.

The notice explains that in the event of a no-deal exit, hauliers in the UK may need to apply for specific permits in order to continue being able to haul goods internationally. There will be a set number of these permits available and it is anticipated that demand will exceed supply. The UK has set out the criteria for the allocation of these permits to businesses in regulations under the Haulage Permits and Trailer Registration Act 2018.

The notice also advises that the limited number of haulage permits combined with the potential for increased checks on goods moving between the UK and the EU may lead to delays in supply chains. Businesses on the Isle of Man should consider what contingency plans they need to have in place for the movement of goods if there are delays at ports.
Patents The Isle of Man does not have its own Patent Office. Instead, patent applications to the UK Intellectual Property Office automatically cover both the UK and the Isle of Man.

However UK and EU law on patents applies to the Isle of Man. The notice sets out the UK’s intention that the existing systems, such as that for supplementary protection certificates, will remain in place. The Isle of Man will similarly work with the UK to ensure that those mechanisms continue in a “no deal” scenario.

The notice also refers to the Unitary patent and Unified Patent Court. The Isle of Man has already put in place legislation to prepare to apply the Unified Patent Court Agreement to the Island. If the Unified Patent Court comes into force, the Isle of Man will work with the UK to explore whether it is possible to remain within the system in a “no deal” scenario.

The notice in addition highlights the fact that there need be no immediate action taken in relation to correspondence addresses and confidentiality for UK patents, as the current rules remain in place at the point the UK exits the EU.
Copyright As is the case for the UK and other EU member states, international treaties on copyright apply to the Isle of Man. Copyright protection is underpinned by the rules contained in those treaties and does not depend on the UK’s membership of the EU, so will not be affected if the UK leaves the EU without a deal.

In this Technical Notice the UK sets out a number of specific “cross-border” EU mechanisms. Only one of those mechanisms, for sui generis database rights recognised across the EEA, is presently provided for in the Isle of Man and would be ‘lost’ under a no deal scenario and therefore businesses affected may need to consider other protections such as restrictive licensing agreements.
European Territorial Cooperation funding The current European Territorial Cooperation programmes support projects that enable businesses, universities, local and regional authorities and the voluntary and community sectors in different countries to work together on shared issues.

These programmes are not currently open to organisations in the Isle of Man, and it is not therefore the case that the UK’s withdrawal from the EU will have any effect in relation to these programmes.
Operating bus or coach services abroad This notice provides guidance for bus and coach operators on the implications for access to EU markets in the event that the UK leaves the EU in March 2019 with no agreement in place.

Currently UK bus and coach operators carrying out international journeys must hold a Standard International Operator’s Licence along with a Community Licence for journeys to and from the EU. If there’s no deal, UK bus and coach operators could no longer rely on automatic recognition by the EU of UK-issued Community Licences. EU countries may choose to recognise that UK-issued operator licences and associated authorisations are based on the same standards as EU Community Licences and not require further authorisations. This would ensure continued passenger movement, but cannot be guaranteed.

There are currently no Isle of Man-based bus or coach operators providing services within the EU (other than the UK) and therefore there should be no direct implications for Island businesses. Island residents booking coach services to or within the EU operated by a UK company would be advised to check with that company to ensure that they will still be able to operate the service after the UK leaves.
Exhaustion of Intellectual Property rights Exhaustion of intellectual property rights refers to the loss of the right to control distribution and resale of a product after it has been placed on the market in a particular territory by the right holder. Currently the UK (and the Isle of Man) is part of a regional EEA exhaustion scheme. This means that a right holder loses the right to control distribution and resale once they have been put on the market anywhere in the EEA with the permission of the right holder.

In a “no deal” scenario the UK intends to continue to recognise the EEA regional exhaustion scheme. The Isle of Man similarly will seek to recognise the EEA regime and the Island’s rules on imports of goods will follow those in the UK. However the notice also makes clear that businesses exporting goods from the UK to the EEA may need any intellectual property right holder’s consent. Similar considerations will apply in the case of those exporting from the Island to the EEA.
Importing and exporting plants This notice sets out how businesses and individuals that trade in plants and plant products with countries within and outside the EU would be affected if the UK leaves the EU in March 2019 with no deal.

In the event of a no deal exit, the UK would be treated as a third country for importing plants and plant products into the EU and would lose access to the EU plant passport regime.

The Isle of Man does not currently export any ‘passportable’ materials and will therefore not be affected by changes in the way these goods are exported to the EU.

In respect of imports of plants and plant products from the EU, this notice outlines the UK’s intended approach and the Isle of Man will work with the UK to ensure a joined up approach between our jurisdictions.
Vehicle insurance As this notice explains, if the UK leaves the EU in March 2019 with no deal in place, access to the Green-Card free circulation area where motorists can currently drive in the EU, EEA, Andorra, Serbia and Switzerland without having to carry a ‘Green Card’ as proof of third party motor insurance cover would end.

This would mean that UK motorists would need to request a Green Card from their insurance provider and carry this card with them when travelling in the EU, EEA, Andorra, Serbia and Switzerland. The same requirement would apply to drivers from the Isle of Man when driving in these jurisdictions.
Flights to and from the UK The purpose of this notice is to inform air passengers, the aviation industry and the public of the actions the UK Government is taking to prepare for the unlikely scenario that the UK leaves the EU in March 2019 with no deal.

If there is ‘no deal’ with the EU, airlines wishing to operate flights between the UK and the EU would have to seek individual permissions to operate from the respective states (be that the UK or an EU country). This notice outlines the permits that EU airlines would need to obtain to operate in the UK, and vice versa.

The rights of air passengers in the UK will remain unchanged in any scenario as the UK intends to bring in existing EU passenger rights legislation into domestic law.

There are no Isle of Man-based airlines currently operating. The airlines serving Isle of Man Airport will need to ensure that they make appropriate contingency plans in order to continue operating their routes without disruption in a no-deal scenario.
Food Labelling Labelling provisions are set out primarily in the EU Regulation 1169/2011, certain provisions of which are enforced in the Isle of Man by the Food Information Regulations 2014. Compositional standards for certain foods (e.g. honey, chocolate products, jam) are also set out in corresponding Isle of Man Regulations.

After exit, EU based provisions will be rolled over as part of the European Union (Withdrawal) Bill 2018 and specific national rules would remain unchanged.

Use of the term EU in origin labelling would no longer be correct for food/ingredients from UK or the Isle of Man. Products sold in the EU would need to provide an address for the responsible business or importer into the EU, in one of the remaining EU member states. An Isle of Man address alone will not be sufficient for products produced in the Isle of Man and sold in the EU.

Natural Mineral Waters currently recognised in the UK, as stipulated in EU Directive 2009/54/EC, may no longer be accepted in the EU and producers wishing to export natural mineral water to the EU may need to be prepared to apply for recognition of their water through an EU member state. Currently there are no businesses based on the Isle of Man which export natural mineral water into the EU market. In the future, new legislation may be required to facilitate this, should demand arise.
Aviation security This notice explains that the UK will retain the existing EU aviation security regulations and procedures in domestic law in the event of a no-deal exit. The UK therefore anticipates that the EU will recognise its aviation security regime as equivalent to, or higher than, the EU’s standards. This would mean there would be minimal change to the experience of passengers travelling through airport security in the UK or the EU.

Aviation security arrangements in the Isle of Man are unlikely to be changed as a result of the UK’s withdrawal from the EU.
Trade marks and designs This notice sets out the implications for EU trade marks and registered Community designs in the event of a “no deal” Brexit. Anyone in the world can apply for an EU trade mark or registered Community design. These rights cover all EU member states, including the UK. These rights are also recognised in the Isle of Man. The UK intends that, after its exit from the EU, equivalent UK protections will be granted to existing right holders. The Isle of Man will work with the UK Government to ensure that those rights also cover the Island in that event.

The notice also covers unregistered Community designs. Once again, the Island would work with the UK to ensure that the UK’s proposed new unregistered design right, which mirrors the EU design right, will apply to the Isle of Man.

In addition the notice sets out that there will be no immediate changes to the UK address for service and privilege rules in relation to a UK trade mark or design.
Protecting geographical food and drink names This notice informs UK producers about what might happen to Geographical Indication (GI) protection, and action they may wish to consider taking, should the UK leave the EU in March 2019 without a deal.

Applications for GI protection in respect of Manx produce are currently made through the UK, to the European Commission. There are two Manx GIs at present, for Isle of Man Queen Scallops and Manx Loaghtan Lamb.

Should the UK leave the EU without a negotiated settlement, the Isle of Man is not likely to establish its own separate scheme, and has indicated that it would wish to be included in the overall UK scheme, subject to the detail being published for consultation in early 2019.

It should be noted that the mutual recognition of GIs is one area within the UK/EU Withdrawal Agreement which remains to be resolved.
Buying and selling timber This notice sets out how buying and selling timber products covered by the EU Timber Regulation (EUTR) and Forest Law Enforcement Governance and Trade (FLEGT) regulation would be affected if the UK leaves without a deal.

The export of timber from the Island is currently under discussion between DEFA, the Office of Fair Trading, UK Sawmill enterprises and the Forestry Commission.

Ensuring illegal timber is not imported and sold in the Island is covered in existing Manx FLEGT Regulations currently regulated by Isle of Man Customs & Excise.

Manufacturing and marketing fertiliser The manufacturing of fertilisers does not currently take place on the Isle of Man.

Importing and marketing of fertilisers does take place on the Island and there is provision in the Fertilisers and Feeding Stuffs Act 1975 (of Tynwald) for DEFA to regulate this area with the Office of Fair Trading undertaking a sampling regime and the government analysis lab undertaking testing. Food safety legislation also contains provisions for testing residues of medicated feedstuffs in food.

Where necessary, the Isle of Man will be bringing in new secondary legislation specific to analysing and sampling to ensure that the Isle of Man's approach is consistent with that of the UK.

Accessing animal medicine IT systems In the event that it leaves the EU without a deal, the UK's Veterinary Medicines Directorate will ensure that it has processes and systems to manage UK veterinary medicines and regulatory activities separate from existing EU systems.

The Isle of Man is working closely with the UK to ensure access to the new systems and this will prevent any disruption in the supply of veterinary medicines to the Island. Additionally, DEFA will be updating Isle of Man legislation in respect of veterinary medicines by the end of 2018 to ensure that we are in alignment with the UK ahead of Brexit.

Fourth Tranche – published 12 October 2018

Fourth tranche – published 12 October 2018
Technical NoticeImplications for the Isle of Man

Rail transport

This notice relates to how EU law regulates rail operations and how this will change in the UK after exit.

No EU law relating to railways is applicable on the Isle of Man and our heritage railways operate under Manx legislation.

Auditing and accounting

This notice explains the UK’s position on accounting and audit work in a no-deal scenario, given that the UK would effectively become a third country.

The UK currently follows EU rules and regulations on accounting and audit. These provisions are largely contained in the UK Companies Act 2006. Following withdrawal, the UK intends to maintain the same regulatory regime as far as possible.

However, the fact that the UK will no longer be a Member State means it will likely experience some changes in the ability to conduct cross-border audit and accounting work and preparing of group accounts. Additional arrangements for the recognition of audit qualifications may also need to be made.

While following international standards, the Isle of Man is already a third country in relation to the EU, for these purposes (i.e. accounting regulation and audit) and the principal requirements for accounting and audit (including recognition of qualifications) are governed by our own Companies Acts.

Isle of Man accounting and other professionals including CSPs/TSPs in particular may wish to take stock of this notice, however, in the context of any UK or EU work or structures they have an interest in.

Providing services including those of a qualified professional

While the Mutual Recognition of Professional Qualifications Directive is essentially tied to the EU four freedoms/single market the regulation of such professions rests with the regulators in the Member States. Thus, although the recognition of qualifications is enshrined in EU law, the determination of a professional’s right to practice in a member state is vested in the regulator.

At present, the Isle of Man requires practitioners in the principal health and care professions to be registered with the relevant UK authority (e.g. doctors must be registered with the General Medical Council). The technical notice makes it clear that existing registrants at the time of a no deal Brexit will retain their status. A new system for the recognition of qualifications and the registration of non-UK professionals will be put in place.

In this area the Isle of Man will suffer no immediate detriment in the event of a no-deal Brexit.

Consumer rights

This notice outlines the effect that a no-deal Brexit would have on the rights of UK consumers. The UK is taking legislative steps to ensure that consumers retain the same rights as they currently have when buying from UK businesses, but there may be an impact on the extent to which UK consumers are protected when buying goods and services from EU countries.

Consumers should not see any immediate differences in protection between UK law and that of EU Member States as UK and EU law is highly aligned. However, consumers should always check the terms of consumer protection offered by the seller and the Member State the seller is located in.

Most large and reputable online traders actually provide a level of consumer service that exceeds the minimum standards under EU law. Given that businesses will still want to trade into markets that become cross-border it would be unlikely that consumers will see any differences.

There may be added complexity in resolving problems if things do go wrong in cross-border transactions. The notice suggests that the UK and the EU-27 may reach agreement in this area, though this is not guaranteed and may not be implemented until a later date.

Exporting objects of cultural interest

This notice relates to circumstances under which licences are required for the export of ‘objects of cultural interest.’ The EU Regulation relating to objects of cultural interest that applies in the UK does not apply to the Isle of Man.

The legislation that currently controls the export of cultural objects from the Isle of Man is:

• The Export of Objects of Cultural Interest (Control) Order 2003 (as applied in the Island by the Export of Goods Etc. (Control) (Application) Order 2004); and

• The Customs and Excise Acts (Dealing in Cultural Objects) (Application) Order 2004, which applied a UK Act, the Dealing in Cultural Objects (Offences) Act 2003, but only those provisions concerned with import and export offences.

The Customs and Excise Division of the Treasury is responsible for the issuing of export licences in relation to cultural objects; however, cultural items of a Manx interest may also be subject to a requirement for a licence from Manx National Heritage (MNH) under section 21 of the Manx Museum and National Trust Act 1959.

Items exported with a United Kingdom cultural interest may also require an export licence issued by Arts Council England (ACE).

The Customs and Excise Division may consult both ACE and MNH on matters concerned with export controls on cultural objects.

The Isle of Man Government will ensure that the provisions governing export controls on cultural objects correspond with those in UK law. However, as the EU Regulation does not apply to the Island, there is less impact for cultural objects of Manx interest, as these do not require an EU licence currently.

Commercial fishing

When the UK leaves the EU, it will formally leave the Common Fisheries Policy and the current version of the Fisheries Management Agreement will no longer be effective. The need to review existing Fisheries Management Agreements with the Crown Dependencies has been acknowledged in the UK’s Fisheries White Paper and the Isle of Man is in discussions with the UK on this matter.

After Brexit, there will be no change to the access rights of Manx vessels to fish in UK waters. There will be no automatic right for Manx vessels to fish in EU or third-country waters, though the majority of the Manx fleet’s activity is within local waters. Similarly, there will be no automatic right to land in EU ports, though this is unlikely to impact Manx vessels.

The notice refers to the European Maritime And Fisheries Fund. The Isle of Man has never been eligible to apply for this funding, and so there will be no change after exit. The Isle of Man’s own Agriculture and Fisheries Grant Scheme will not be affected.

To ensure continued trade with the EU, it will be essential for all Isle of Man fisheries processors to comply with the EU requirements for food marketing and labelling.

The Isle of Man is working closely with the UK on the development of the catch certification process which will be necessary for the export and import of fisheries products post-Brexit.

Taking horses abroad

In a no-deal exit, third-country rules would apply when transporting equine animals to the EU.

In order to travel into the EU, a horse or other equine would require an appropriate ID document and appropriate health documentation (a third country export health certificate). The health requirements may be more stringent than at present, though this depends on the detail of any agreement reached. Any equines exported to the EU will have to enter via a Border Inspection Post (BIP).

Breeding animals

In the event of a no-deal exit, UK and Isle of Man-recognised breed societies and operations involved in the trade and movement of purebred livestock, semen and embryos would no longer be recognised societies or operations in the EU.

Initially, the UK and Isle of Man would still recognise EU breed societies and operations. Existing EU legislation allows for trade with third country breed societies and operations.

If the UK or Isle of Man breed societies or operations meet certain EU requirements they should be treated as a listed third-country breeding body by the EU. This would allow them to enter pedigree breeding animals into equivalent EU breeding books or registers as they can now, provided the animals are accompanied by a zootechnical certificate in accordance with existing EU legislation.

Health marks on meat, fish and dairy products

This notice explains what health and identification marks on meat, fish and dairy products will look like in a no-deal exit.

Premises on the Isle of Man producing meat, fish or dairy products for export off-Island must be approved under Regulation (EC) 853/2004 which is enforced on the Island by DEFA.

All produce from approved premises must carry the appropriate health or identification mark. Health or identification marks are currently oval in shape and state that it is produced in the EU, that it is from the Isle of Man, and carries a unique approval number.

After the UK’s withdrawal from the EU, the UK (and the Isle of Man) will no longer be entitled to use the EU abbreviation. In order to maintain trade with EU countries, any new health mark would have to meet EU ‘third country requirements’ and as a minimum the EU abbreviation would have to be removed.

The UK Food Standards Agency are currently considering what form the ‘new’ health mark will take and intend to communicate what changes need to be made by November 2018. DEFA will closely monitor these communications and update local businesses as soon as possible.

Importing high-risk food and animal feed

After the UK’s withdrawal from the EU, access to the EU import notification system (TRACES) will cease, so a new import notification system is being developed by the UK.

Importers of high risk food and animal feed, from both the EU and the rest of the world, would be required to notify the UK authorities using the new import system and would be directed to an existing UK (Border Inspection Post) BIP where relevant checks would take place.

Notifications would be made electronically in advance and would be managed by the UK Food Standards Agency (FSA). Further details relating to this system are due to be released by the FSA in the Autumn.

It is not envisaged that high risk foods and animal feed will be permitted to be imported directly to the Isle of Man.

Structuring your business

This notice explains the position for UK companies operating in the EU and EU companies operating in the UK in the event of a no-deal exit.

The UK currently follows EU rules and regulations under this area of company law and reflects these mainly through its Companies Act 2006. Following withdrawal, the UK intends to maintain the same regulatory regime as far as possible.

However, the fact that the UK will no longer be a Member State means that UK companies operating in the EU and EU companies operating in the UK (and their advisers) will need to be aware of the possible changes and impacts.

The Isle of Man is already a third country for these purposes (i.e. in relation to any Isle of Man businesses operating in EU Member States and vice versa) and so is unlikely to be directly affected by changes which would arise and as identified in this notice.

Isle of Man professionals including CSPs/TSPs in particular may wish to take note of this notice, however, in the context of any UK and/or business structures that they service.

Sanctions policy

This notice outlines what would happen to sanctions, which would impose immigration, trade, financial and transport restrictions, in the event of a no-deal exit.

The Isle of Man Government policy in relation to sanctions is to maintain lists of those affected by financial sanctions so that they correspond to those adopted in the United Kingdom.

Currently the Island implements and enforces sanctions regimes agreed by the UN Security Council and applies EU Regulations in relation to sanctions using the European Communities (Isle of Man) Act 1973 to ensure Island law corresponds with UK law.

It is the intention of the Isle of Man Government to extend the UK’s Sanctions and Anti-Money Laundering Act 2018 (the Parts which relate to sanctions) to the Island. This (and any regulations made under the Act) will come into operation at the same time as the UK Act comes into force, with the same transitional provisions as the UK.

Meeting rail safety and standards

This notice relates to how EU law regulates rail operations and how this will change in the UK after exit.

No EU law relating to railways is applicable on the Isle of Man and our heritage railways operate under Manx legislation.

Exporting GM food and animal feed products

After the UK’s withdrawal from the EU, any UK based businesses that are currently authorised to export GM food and feed will have to establish in the EU or have a representative who is established in the EU in order to be allowed to continue trading with EU countries.

There are currently no businesses in the Isle of Man exporting GM food or feed.

Funding for British Overseas Territories

This notice provides an overview of how the UK government’s guarantee for EU funded programmes applies to the British Overseas Territories, if the UK leaves the EU with no deal.

The Isle of Man is not a British Overseas Territory and does not receive any funding through EU programmes. This area, therefore, will not have any impact on the Isle of Man.

Geo-blocking of online content

This notice explains the UK’s position in terms of addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the single market.

The notice goes on to explain that the UK is adopting the EU’s Geo–Blocking Regulation from 3 December 2018 which governs this, but it would then cease to apply within the UK in a no deal Brexit, save that traders from the UK and third countries (such as the Isle of Man) selling goods and services into the EU, would need to comply with it.

The notice further explains that the cross-border purchase of goods online and electronically supplied services (such as webhosting or cloud storage) are included in this but copyrighted material such as eBooks and streamed movies are not.

The Isle of Man is not party to the new EU Geo–Blocking Regulation and therefore should not be affected by the UK’s Brexit position on this; however, any Isle of Man online traders operating into the EU will need to be aware of and comply with the new Regulation in terms of that business in any event.

Control on mercury

The Isle of Man is not believed to import or export any mercury compounds/mixtures listed in Annex 1 to the EU Regulation 2017/852 on mercury, or carry out any industrial processes or production of products containing mercury regulated under this instrument.

Consequently the Regulations and the Minamata Convention on Mercury are unlikely to affect the Island.

However, the Isle of Man does export very limited Annex II products, namely fluorescent tubes, for recycling in compliance with the Basel Convention and this is expected to continue unaffected post-Brexit.

Currently, the UK has no facility to dispose of mercury or mixtures of mercury as waste and consequently would in any case be unable to accept dental amalgam waste if the mercury concentration is greater than 95% by weight. It is likely that such waste would need to be exported and as such a DRR (Duly Reasoned Request) may need to be negotiated with the receiving country to facilitate any such disposal. 

Dental amalgam and florescent tubes containing Mercury are currently being phased out so there is only likely to be an issue over the next decade with disposal of such waste.

Control on persistent organic pollutants

This notice outlines how the UK will continue to comply with the Stockholm Convention and the Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (CLRTAP) post-exit.

These conventions do not apply directly to the Isle of Man and no change is anticipated for the Island in this area.

Maintaining the continuity of waste shipments

Should the UK leave the EU without a deal, the Isle of Man will be required to continue to apply the procedures laid down in the Basel Convention and OECD Decision (C (2001)107). The potential effects for the Island will depend on if the UK changes its policy or procedures for imports of waste for disposal from Crown Dependencies.

In the absence of the EU Waste Shipment Regulations a new Duly Reasoned Request (DRR) will need to be negotiated with the Environment Agency to permit export of notified (hazardous) wastes to the UK.

Trading gas with the EU

This notice explains that the broad mechanisms of cross-border trading in gas are not expected to change (at least in the short-term) so there should no impact on trading arrangements between Great Britain and Ireland and therefore no impact for the Isle of Man.

Manx Utilities will, as always, continue to engage on an ongoing basis with the relevant regulatory authorities in respect of any proposals that might affect arrangements.

Trading electricity

This notice explains how cross-border trading and supply of electricity would be affected if the UK leaves the EU with no deal.

The Isle of Man Interconnector is a Distribution Interconnector that is fully embedded within the Great Britain network. Because it is connected to Great Britain and not an EU country, trading over the Interconnector will continue with Great Britain ‘business-as-usual’.

There will be no impact on the Isle of Man in respect of our Interconnector and electricity trading activities in the event of a no-deal exit.

Existing free trade agreements

The purpose of this notice is to inform businesses and other interested parties about the UK’s plans to ensure continuity for existing (EU) trade agreements with third countries if it cannot reach agreement with the EU on the terms of withdrawal prior to 29 March 2019.

In the event of a ‘no deal’, there will be no implementation period. In this scenario, the UK government will seek to bring into force bilateral UK-third country agreements from exit day, or as soon as possible thereafter.

These new agreements will replicate existing EU agreements and the same preferential effects with third countries as far as possible. It is anticipated that these continuity agreements will replicate the existing EU agreements’ territorial scope, and they would therefore apply to the Isle of Man to same limited extent as they do currently.

Regulating Biocidal products

This notice concerns the production and authorisation of Biocidal products and the placing of these products on the market.

There is currently no manufacturing of Biocidal products on the Isle of Man for domestic use or for export, but organisations do use pesticides.

Currently the UK’s Health and Safety Executive authorises Biocidal products for the UK market on behalf of the Secretary of State and the devolved administrations. In a ‘no deal’ Brexit, the process will be very similar to the current regime but will operate nationally rather than at an EU international level.

Classifying, labelling and packaging chemicals

Currently, the Classification, Labelling and Packaging of substances etc. Regulations (CLP) require manufacturers and importers to notify details of their substance classifications to the European Chemicals Agency (ECHA). There is no IOM equivalent to this legislation.

The post-March 2019 proposal is that the UK establishes a standalone chemicals regime to replace the ECHA arrangements administered through the EU. This would mean companies in the UK dealing with the UK’s Health and Safety Executive (HSE) instead of the ECHA.

The UK scheme would be based on the existing EU regulatory regime in order to provide continuity for UK businesses. The UK’s HSE would act as the CLP competent authority for the UK and they would require companies to use their new UK arrangements and IT tools.

Export and import of hazardous chemicals

This notice concerns the Export and Import of Hazardous Chemicals Regulation. There is no Isle of Man equivalent to this legislation.

The Isle of Man is discussing how the import and export of hazardous chemicals will be regulated post-Brexit.

Regulating pesticides

This notice concerns the production and authorisation of pesticides and placing these products on the market.

There is currently no manufacturing of Biocidal products on the Isle of Man for domestic use or for export, but organisations do use pesticides.

Currently the UK’s Health and Safety Executive (HSE) authorises pesticide products for the UK market on behalf of the Secretary of State and the devolved administrations, following a ‘no deal’ Brexit the process will be very similar to the current regime only that it will operate on a national level rather than at an EU level and the UK would adopt EU standards and processes.

Meeting climate change requirements

This notice outlines how climate change regulations, emissions trading, ecodesign and energy labelling would be affected if the UK leaves the EU with no deal.

The EU's climate change regulations do not apply to the Isle of Man, though the Island has ratified the Kyoto Protocol on climate change.

The notice also talks about environment-related rules and labelling requirements for electronic products, and makes it clear that the UK will align its rules with the EU position so that at a practical level for consumers there will be no change in a no-deal exit.

The UK's exit from the EU is not expected to have any impact on the Isle of Man in relation to climate change.

Plant variety rights and marketing of seed and propagating material

This notice outlines how plant breeders and businesses that trade in seeds and propagating material with the EU will be affected if the UK leaves the EU with no deal.

The Isle of Man has legislation in place to protect growers who might wish to obtain intellectual property rights in respect of plant varieties.

Trading and moving endangered species protected by CITES

This notice explains how trading in endangered species of animals, plants or products regulated under the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) would be affected if the UK leaves the EU.

The Isle of Man is presently outside of the EU's (and UK's) CITES controls. Permits are currently required for the movement of specimens between the Isle of Man and the UK or other EU countries. In the event of a no-deal exit, this will not change.

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