EU Exit Business Readiness Weekly Bulletin

EU Exit Business Readiness Weekly Bulletin

Issue 20: 25 June 2019

Introduction

Welcome to the latest in a series of business readiness bulletins, aimed at keeping trade associations, business representative bodies and business intermediaries up to date on the latest information and guidance for business on the UK exiting the EU.  The objective of this Bulletin is to signpost you to tools and resources to help you and your members prepare for the UK’s Exit from the EU.

Recent Announcements

Workforce and People

NEW – Home Office have announced that it is engaging a range of stakeholders (including business) across the UK, and internationally, to listen to their views, to help shape the future immigration system: The UK’s future skills-based immigration system: engagement programme

NEW – Home Office has provided guidance for EU, EEA and Swiss frontier workers who wish to continue working in the UK after EU Exit (Frontier workers are EU, EEA and Swiss citizens who regularly commute to the UK because they are employed or self-employed here but live elsewhere): Rights and status of frontier workers in the UK after Brexit

Foreign and Commonwealth Office have provided Official information for British people moving to and living in Ireland, including EU Exit guidance, residency, healthcare and driving. Update – EU Exit update: added information on travel in EU, EEA and EFTA countries in the event of a no deal exit: Living in Ireland

NEW – Home Office have published Welsh communication materials that local authorities and community groups can use to support EU citizens and their families to apply to the EU Settlement Scheme: EU Settlement Scheme community leader toolkit: Welsh materials

Home Office have provided details of Locations where EU citizens can go to get their biometric ID document scanned if they do not have an Android device with near field communication (NFC). Update – Locations in Lewisham, Truro and Bristol now added: EU Settlement Scheme: ID document scanner locations

Regulations and Standards

NEW – Department for International Trade has provided guidance for UK businesses offering services in EU or EFTA countries if the UK leaves the EU with no deal: Providing services to any country in the EU, Iceland, Liechtenstein, Norway or Switzerland after EU Exit

HM Revenue and Customs have published details of  Statutory Instruments relating to Customs, Excise and VAT and the UK’s withdrawal from the EU. This guidance is necessary to ensure the UK’s Customs, VAT and Excise regimes will function in the event of leaving the EU without a deal. Update – Statutory Instruments for The Mutual Assistance on Customs and Agricultural Matters (Revocation) (EU Exit) Regulations 2019 and The Customs (Revocation of Retained Direct EU Legislation, etc.) (EU Exit) Regulations 2019 have now been laid before Parliament and published on the Legislation website: Statutory Instruments relating to EU Exit

Importing and Exporting

Department for Environment, Food & Rural Affairs has provided information on how to notify the Animal and Plant Health Agency (APHA) if you plan to import animals, germplasm and animal products from the EU. Update – Welsh translation now available: EU import of animals and animal products: notify authorities

Medicines and Healthcare products Regulatory Agency has provided information on the ‘Written Confirmation’ process, for active substances manufactured in the United Kingdom (UK), that will be adopted in a no deal scenario. Update – updated the Register of Written Confirmations for UK Active Substance Manufacturers document: Exporting active substance manufactured in the UK in a no deal scenario

Other

You can sign up to receive email alerts about Brexit on GOV.UK.  Please encourage your members and networks to do so as well: Brexit E-mail Alerts

Department for Business, Energy & Industrial Strategy hold a stakeholder working group which discusses research and innovation policy in the light of the UK’s exit from the EU. Update – terms of reference and membership for the group: EU exit, universities, research and innovation: stakeholder working group

NEW – Department for Exiting the European Union have published a privacy notice explaining how the Department for Exiting the European Union will process your personal data related to Freedom of Information Requests and Subject Access Requests it receives: Department for Exiting the European Freedom of Information and Subject Access Request Privacy Notice

Business Support

Triage Tool

GOV.UK has an online tool to help businesses prepare for the UK leaving the EU. Businesses can use the Triage Tool to find out:

  • what their business may need to do to prepare for the UK leaving the EU
  • what’s changing in their sector
  • information on specific rules and regulations

Businesses will need to answer 7 simple questions to get guidance relevant to their business.

Department for Business, Energy and Industrial Strategy – Sector Primers

These sector primers aim to bring together on one webpage the top 3 – 5 issues for each sector and provide guidance.  The primers link through to more detailed material elsewhere on GOV.UK. Please could you pass on to your members and networks. The sectors covered are:

Department for Environment, Food and Rural Affairs – Sector Primers

Department for Digital, Culture, Media and Sport (DCMS)

NEW DCMS have issued new guidance on what to expect on day one of a ‘no deal’ scenario if you’re a creative business, small arts organisation or sports organisation that currently travels only to the EU, such as:

  • touring professional choir
  • touring chamber orchestra
  • touring string quartet
  • small touring ballet company
  • small touring theatre company
  • school football team
  • amateur sports team
  • pop or rock band

Check what you need to do

EU Exit: Business Intelligence and Engagement Team

Department for Business, Energy and Industrial Strategy

REACH EU exit no-deal provisions update

Leaving the EU with a deal remains the Government’s top priority. This has not changed. However a responsible government must plan for every eventuality, including a ‘no deal’ scenario. The DEFRA have therefore continued to work on the issues that would arise when leaving EU REACH.

One question was the status of authorisation applications still in progress at the time of exit. The effect of a recent European Court of Justice judgement against the European Commission which overturned some existing authorisations, combined with the extension of Article 50 to the end of October, means that there is an increasing backlog of EU decisions which will be undecided at the time of exit. Further to extensive discussions with stakeholders, the Government has developed a solution striking a balance between enabling business continuity and maintaining rigorous regulation of chemicals.

Under a ‘no-deal’ scenario, there will be a number of applications for authorisation for Substances of Very High Concern (SVHCs) which will not have been processed by ECHA and the EU Commission before the day that UK leaves the EU. The sunset date for some of those substances has already passed, or will pass before exit day. Where the latest application date (LAD) or sunset date for a substance passes before exit day, use of the substance in the UK would have to cease from exit day until such time as a UK authorisation is granted following a fresh application under UK REACH. This would have a significant impact on businesses which rely on being able to use substances while awaiting authorisation decisions.

The extension of Article 50 to 31 October has also meant that there will be more UK applicants submitting their applications to ECHA (rather than the UK authorities) to be able to continue to use those substances. After exit, they will need to redirect their applications to the UK authorities but they will not be covered by the provision that enables continued use after the sunset date where a decision is still pending. This is because they will not have been able to make their UK applications before the LAD.

To prevent supply chains being interrupted and businesses becoming non-compliant due to EU Exit, the Government has laid a Statutory Instrument (SI), which amends the REACH SI laid on 9 January 2019. This SI will set new LAD and sunset dates for those SVHCs which are listed in Annex XIV of UK REACH with current LAD or sunset dates after 29 March 2017. The SI moves the LAD and sunset dates to 18 months after exit day. The amending instrument therefore provides industry with greater business certainty that the substances for which they have applied for authorisation will be attended to by the UK regulatory authorities.

There are two categories of businesses that will benefit from the extension of the LADs and sunset dates. The first is the applicant if they were a UK entity. The second is a UK downstream user that uses the substance on the basis of an application by a UK entity or an EU-27 company. If the application was made by a UK entity, the new transitional provision will not apply if Article 127G applies to the application (i.e. if ECHA’s opinion is with the Commission to make a decision), as that already allows for continued use until such time as the UK application is determined. If the application was made by anyone else, the new transitional provision will not apply if the application was determined before exit day.

UK businesses wishing to continue their manufacture or use of the substance beyond the new sunset date will need to apply to the HSE for a UK REACH authorisation within 18 months of the UK leaving the EU. This will ensure a clear process and timescale for transitioning the authorisation procedure into UK REACH and contribute to the effective management of chemicals in the UK. 

The extension of Article 50 has also impacted on timeframes set in the REACH SI. The amending SI has made the necessary corrections to reflect the original intention of the SI. As a result, where ‘grandfathering’ was specified to apply to any substance registered by a UK legal entity within 2 years prior to the UK leaving the EU, grandfathering will now apply to all substances registered by a UK entity at any point on or after 29 March 2017.

This SI also makes some minor amendments to reflect changes being made by another exit SI. Those amendments are to the Medical Devices Regulations 2002, which are cross-referred to in the UK REACH legislation. Furthermore, the SI makes some technical amendments to the REACH SI relating to recent amendments to the EU REACH Regulation in order to make them operable in the domestic context.

The amending SI and explanatory notes are available here. The SI will now make its way through the parliamentary processes, with the intention that it will come into force before the UK leaves the EU. Guidance on the HSE website will be updated to reflect these provisions.

EU Exit Business Readiness Weekly Bulletin 

EU Exit Business Readiness Weekly Bulletin

Issue 17: 3 June 2019

Introduction

Welcome to the latest in a series of business readiness bulletins, aimed at keeping trade associations, business representative bodies and business intermediaries up to date on the latest information and guidance for business on the UK exiting the EU.  The objective of this Bulletin is to signpost you to tools and resources to help you and your members prepare for the UK’s Exit from the EU.

EU Exit Business Readiness Forum

We will let you know as soon as possible with details regarding the date and time of the next forum.

If you have views about what would be useful for the Forums to focus on in future meetings, we would very much like to hear from you to help shape our future programme. We would also appreciate your views on whether you would like to see physical Forum meetings continued or whether we should focus on WebEx remote meetings. Please email sed@beis.gov.uk with your suggestions and views.

Recent Announcements

Regulations and Standards

NEW – Department for Business, Energy and Industrial Strategy have published how companies can comply with UK accounting and reporting requirements after the UK leaves the EU: Accounting if there’s no Brexit deal

NEW – Department for Business, Energy and Industrial Strategy have published what audit firms, auditors, and those with an audit qualification should do to prepare before the UK leaves the EU: Auditing if there’s no Brexit deal

Workforce and People

NEW – The Ministry of Defence have published guidance if the UK leaves the EU without a deal, there may be changes that affect your business: The defence sector and preparing for EU Exit

Department for Transport have updated what bus and coach drivers from the UK may need to do to drive in the EU and EEA if the UK leaves the EU without a deal on 31 October 2019. Update – How to exchange a UK Driver CPC for an EU Driver CPC: Prepare to drive in the EU after Brexit: bus and coach drivers

Department for Transport have updated what truck and lorry drivers from the UK may need to do to drive in the EU and EEA if the UK leaves the EU without a deal on 31 October 2019. Update – How to exchange a UK Driver CPC for an EU Driver CPC: Prepare to drive in the EU after Brexit: lorry and goods vehicle drivers

NEW – Department for Transport have updated how leaving the EU without a deal will affect rail safety and technical standards, travelling by train and running a rail service: Rail transport, safety and technical standards if there’s no Brexit deal

Home Office have updated the locations where you can go to get your biometric ID document scanned if you do not have an Android device with near field communication (NFC). Update – Updated list of locations: EU Settlement Scheme: ID document scanner locations

Importing and Exporting

The Department for International Trade want to maintain continuity in the trade relationships between the UK and the CARIFORUM states. Update – References have been updated to the EU Exit date and to the number of countries who have signed the agreement: Continuing the UK’s trade relationship with the CARIFORUM states: parliamentary report

NEW – Department for International Trade have published guidance explaining changes for UK exporters to Papua New Guinea if we leave the EU with no deal: Exporting to Papua New Guinea after EU Exit

Animal and Plant Health Agency and the Department for Environment, Food, & Rural Affairs published current issues related to protecting plant health and trade of plants, fruit, vegetables or plant material including Xylella fastidiosa. Update – New commodities subject to import regulation from 1 September 2019 have been added: Protecting plant health: topical issues 

NEW – Department for International Trade have issued guidance explaining changes for UK exporters to Malta if we leave the EU with no deal: Exporting to Malta after EU Exit

Other

Cabinet Office have published the third European Union (Withdrawal) Act and Common Frameworks statutory report detailing the progress on the development of common frameworks. Update – PDF has been made accessible: European Union (Withdrawal) Act and Common Frameworks report

You can sign up to receive email alerts about Brexit on GOV.UK: Brexit E-mail Alerts 

Business Support

Triage Tool

GOV.UK has an online tool to help businesses prepare for the UK leaving the EU. Businesses can use the Triage Tool to find out: 

  • what their business may need to do to prepare for the UK leaving the EU
  • what’s changing in their sector
  • information on specific rules and regulations

Businesses will need to answer 7 simple questions to get guidance relevant to their business.

Department for Business, Energy and Industrial Strategy – Sector Primers

These sector primers aim to bring together on one webpage the top 3 – 5 issues for each sector and provide guidance.  The primers link through to more detailed material elsewhere on GOV.UK. A final batch have now been published, please could you pass on to stakeholders and ask them to cascade through their networks. The sectors covered are:

Department for Environment, Food and Rural Affairs – Sector Primers

EU Exit: Business Intelligence and Engagement Team

Department for Business, Energy and Industrial Strategy

EU told to ‘brace’ for multi-billion Trump tariffs this summer

EU told to ‘brace’ for multi-billion Trump tariffs this summer

— By Hans von der Burchard, Jakob Hanke and Maxime Schlee
5/28/19, 6:50 PM CET | View in your browser

The Tariff Man is on track to hit hard again this summer, and it’s bad news for EU companies ranging from Dutch cheesemakers to industrial heavyweight Airbus.

European Commissioner for Trade Cecilia Malmström warned the EU’s trade ministers at a meeting on Monday that they needed to steel themselves for U.S. President Donald Trump to hit billions of euros-worth of European goods with tariffs, ramping up a decades-long dispute over unwarranted subsidies for Airbus.

Three officials in the room said Malmström warned them that the U.S. had rejected attempts to negotiate a deal on aviation subsidies and added that Washington was now willing to proceed with the tariffs, which would be legal under World Trade Organization (WTO) rules.

“We should brace for this,” the officials cited Malmström as saying.

Although the WTO ruled that not only Airbus but also its American competitor Boeing benefited from illegal state aid, the U.S. case against Airbus is more advanced. Washington said last month it wants to levy retaliatory tariffs on up to $21 billion of European products, a decision that still needs to be confirmed by a WTO arbitrator. The verdict is expected to come in July.

“There is a big probability that the U.S. will apply these tariffs as soon as the WTO arbitrator has ruled,” said one EU diplomat who attended Malmström’s briefing. The diplomat added that the U.S. duties would likely hit the EU by the end of July or early August: “It’s what this U.S. administration likes.”

The likely incoming tariffs risk further souring transatlantic trade relations, which have already deteriorated over U.S. duties on European steel and aluminum exports, a pending threat to impose hefty auto tariffs as well as a stark disagreement on the scope for bilateral trade talks. One EU official described the U.S. approach as “hit first, talk later.”

President Trump has expressed his willingness to impose the tariffs: “The World Trade Organization finds that the European Union subsidies to Airbus has adversely impacted the United States, which will now put Tariffs on $11 Billion of EU products!” he tweeted last month, adding: “The EU has taken advantage of the U.S. on trade for many years. It will soon stop!”

Although the $11 billion mentioned by Trump represents the harm caused by EU subsidies, according to the Office of the U.S. Trade Representative, the list of targeted products actually covers $21 billion worth of European exports. The U.S. can choose products and then tax them at different rates in order to claw back the claimed $11 billion in damage.

‘Unnecessary trade tensions’

Although the European Commission expects the WTO arbitrator to rule that the U.S. can only target a lower sum than requested, Brussels is nonetheless expecting a negative impact for exporters of iconic European foods such as Dutch Gouda and Edam cheese, French wine and Spanish olive oil.

“I cannot see any reason to make basically the U.S. cheese aficionados pay for the aircraft battle, since they would have to pay the higher prices for the dairy products from the EU,” said Léa Vitali from the European Dairy Association.

A large coalition of winemakers from France, Italy and Spain wrote a letter to Malmström last week, urging both sides to work together and “reduce or eliminate wine tariffs, not raise them.”

Besides food products, the U.S. tariffs also target high-value exports of European aircraft parts, which threatens the supply chains for Airbus investments in the U.S.: “The investment of Airbus in Mobile, Alabama would be deeply affected,” a senior Commission official said last month, adding that this “would also destroy jobs in the U.S.”

Airbus spokesperson Stefan Schaffrath called the proposed U.S. duties on supply parts “totally unjustified” and warned of “unnecessary trade tensions.”

In addition to the economic impact comes the psychological damage, because the EU would for months be exposed to hefty U.S. tariffs that are completely legal under WTO rules without being able to retaliate. The U.S. could use this as leverage in trade negotiations.

Although Brussels has presented its own hit list targeting about $20 billion of U.S. exports in response to illegal state aid for Boeing — including airplanes, tractors, suitcases, frozen fish, fruits, wine, liquors and ketchup — the WTO arbitrator is unlikely to issue a decision on that retaliation before February or March next year. “The U.S. has an advantage here because their case is advanced by six to nine months,” said the EU diplomat.

Even if Brussels is allowed to hit back at the U.S. with its own tariffs by early next year, the European Commission cautioned that an escalating trade battle would fail to address an emerging challenge from China. While the EU and U.S. were fighting, “others are heavily subsidizing aircraft in the world, elsewhere than in the United States and the EU,” said the senior Commission official.

“The only reasonable solution is a negotiated settlement” between Brussels and Washington, said Airbus spokesperson Schaffrath.

Related stories on these topics: Airplanes, Multilateral trade, Subsidies (in Agriculture and Food), Subsidies (in Trade), Tariffs, Trade (in Agriculture and Food), Trade (in Mobility), Trade war, United States (in Agriculture and Food), United States (in Mobility), United States (in Trade), Cecilia Malmström (in Agriculture and Food), Cecilia Malmström (in Trade), Donald Trump, World Trade Organization (WTO)

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U.S. Department Of Commerce Issues Affirmative Preliminary Antidumping Duty Determination on Aluminum Wire and Cable from China

 

FOR IMMEDIATE RELEASE 
Thursday, May 30, 2019 

News Media Contact:
Office of Public Affairs, 202-482-4883

U.S. Department Of Commerce Issues Affirmative Preliminary Antidumping Duty Determination on Aluminum Wire and Cable from China

WASHINGTON – Today, the U.S. Department of Commerce announced the affirmative preliminary determination in the antidumping duty (AD) investigation of imports of aluminum wire and cable from China, finding that that exporters from China have dumped aluminum wire and cable in the United States at a margin of 58.51 to 63.47 percent.

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of aluminum wire and cable from China based on the preliminary rates noted above.

In 2017, imports of aluminum wire and cable from China were valued at an estimated $157.2 million.

The petitioners are Encore Wire Corporation (McKinney, TX) and Southwire Company, LLC (Carrollton, GA).

The strict enforcement of U.S. trade law is a primary focus of the Trump Administration. Since the beginning of the current Administration, Commerce has initiated 168 new antidumping and countervailing duty investigations – this is a 223 percent increase from the comparable period in the previous administration.

Antidumping and countervailing duty laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of the unfair pricing of imports into the United States. Commerce currently maintains 482 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

Commerce is scheduled to announce the final determination on or about October 9, 2019.

If Commerce’s final determination is affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about November 22, 2019. If Commerce makes an affirmative final determination of dumping, and the ITC makes an affirmative final injury determination, Commerce will issue an AD order. If Commerce makes a negative final determination of dumping, or the ITC makes a negative final determination of injury, the investigation will be terminated and no orders will be issued.

Click HERE for a fact sheet on today’s decision.

The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade law and does so through an impartial, transparent process that abides by international law and is based on factual evidence provided on the record.

WE HAVE MOVED OFFICES

ALFED are happy to announce that we have moved offices! Please see the address below;

Suite 9, Alcora Building

Mucklow Hill

Halesowen

West Midlands, B62 8DG

Our new contact number is 0330 236 2800

SUBCON SHOW 4-6 JUNE

SUBCON

THE UK’S PREMIER SUBCONTRACT MANUFACTURING SUPPLY CHAIN SHOW

Subcon is firmly established as the must-attend event for subcontract manufacturing professionals across all industry sectors, looking to source suppliers, benchmark capabilities and secure the right partners to help them remain competitive in a global market.

The best of British manufacturing will be on display alongside a wealth of market leading international suppliers all looking to help UK manufacturers optimise their supply chain strategy in 2019 and beyond.

Register for Free: http://www.subconshow.co.uk/?utm_source=ALFED_eventlisting_web&utm_medium=Banner&utm_content=sub19_ALFED_eventlisting_register&utm_campaign=SUB19_regnow

ASI Newsletter – April 2019

In the April edition of the ASI Newsletter:

  • Understanding ASI’s outcomes and impacts
    ASI Certification is not an end itself – ASI’s vision is to maximise the contribution of aluminium to a sustainable society. This will mean practices and performances in the value chain need to keep improving. How will we know whether ASI is helping to contribute to a better world?
  • LME Responsible Sourcing Consultation
    The London Metal Exchange (LME) last week announced the next phase of development of new responsible sourcing standards for their listed brands, including aluminium. A new round of market-wide consultation by LME, open until 30 June 2019, seeks feedback on their proposed rules for all LME-listed brands. LME will be presenting on its proposals at the ASI AGM Week in Norway in early June.
  • ASI AGM Week – last chance to register
    We have an exciting program lined up – don’t miss out!
  • ASI Certifications update
    One member attained ASI Certification in April and another member expanded their Chain of Custody Certification scope.
  • New educationAl content
    In April, ASI and ASI Civil Society Member Nomogaia hosted a webinar on Human Rights Impact Assessment (HRIA). Krista West was joined by Nomogaia’s Executive Director Kendyl Salcito to provide an overview of HRIA and how it is applied within criterion 2.5 of the ASI Performance Standard.
  • Membership update
    ASI welcomed two new Production & Transformation members and one General Supporter in April.

 

 Read the April ASI Newsletter

Advanced Engineering Show 2019 – 30 & 31 October

The UK’s largest annual exhibition for manufacturers and supply chain professionals

New technologies, new contacts, new business:

Bringing together thousands of attendees from OEMs, tier 1 manufacturers, and supply chain partners, Advanced Engineering is the UK’s largest annual advanced engineering and manufacturing event.

With a two-day attendance of some 15,000 engineering professionals, Advanced Engineering promotes supply chain business and technology transfer across aerospace, automotive, medical technology, energy, and indeed any sector that involves high-value manufacturing, R & D and innovation.

The most recent edition of Advanced Engineering in 2018 enjoyed a 10% rise in OEM and tier 1 attendance compared to its previous outing, positioning it as the UK industry’s truly must-attend event. As a result, exhibitors have already been booking at a record rate for 2019, keener than ever to showcase their products and solutions for design, test, measurement, inspection, production, and manufacturing technology.

Find out more about the show: https://www.easyfairs.com/advanced-engineering-2019/advanced-engineering-2019/

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