Business Readiness Bulletin      

Business Readiness Bulletin

Issue 43: 11 February 2020

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 guidance for business whilst the UK is in a transition period which will last until the end of the year. This Bulletin aims to provide you and your networks/members with important information from Government, to help prepare for the end of the transition period.  

Controls at the Border

NEW – Yesterday, the Chancellor of the Duchy of Lancaster delivered a speech where he confirmed the Government’s plans to introduce full import controls for goods moving  into and out of the EU to Great Britain after the transition period ends on 31 December 2020.

This means that all goods entering the UK from the EU will be subject to the same checks and controls as goods coming from the rest of the world and that there will be new processes that UK exporters and importers of EU goods will have to comply with, whether we reach a new trade agreement or not.

Businesses will need to prepare for life outside the EU and many have already done so. For example, from 1 January 2021 businesses will need to make customs declarations to move goods into and out of the EU. Businesses can prepare for border controls by making sure they have an EORI number if they don’t already have one and also look into how they want to make declarations such as using a customs agent.

It was also announced yesterday that HMRC have extended the deadline for businesses to apply for customs support funding to 31 January 2021. There is still at least £7.5 million available so that more businesses can hire or train experts to deal with customs declarations. Details can be found here.

Freeports Consultation

NEW – Yesterday a public consultation on Freeports policy was launched. It will last for ten weeks.

It is proposed that up to 10 Freeports will be introduced across the UK, which will be national hubs for trade, innovation and commerce. The Government’s aim is for Freeports to attract new businesses, jobs, investment and opportunity.

You can find more information and respond to the consultation by 20 April 2020 here.

UK Global Tariff Consultation

NEW – The UK Government has launched a consultation on the UK’s independent tariff policy to apply from 1 January 2021.

In setting the tariff rates, the Government will uphold the principles set out in the Taxation (Cross-border Trade) Act 2018, and seeks to balance strategic trade objectives, such as the delivery of the UK’s FTA trade agenda, and to maintain the Government’s commitment to developing countries to reduce poverty through trade.

The consultation offers respondents the opportunity to provide:

  • views on changes to the Common External Tariff to create a bespoke UK tariff regime;
  • specific feedback on individual products or commodity codes of importance to them, including on the corresponding tariff rate; and
  • information on their interactions with MFN tariffs and the importance of tariffs to their sectors.

The consultation will close on 5 March 2020 and an announcement on the UK’s new Global Tariff schedule will follow shortly afterwards.  The consultation can be found here.

Business Readiness Forum

Please see the attached PDF of the slides from our Business Readiness Webinar from 6 February 2020. Our next forum will be a webinar on Thursday 20 February 2020. Further details will be sent to relevant organisations under a separate cover. Please share your thoughts, feedback or topics you would find useful with us via sed@beis.gov.uk.  The forum will continue throughout the transition period although the frequency is under review.

New Online Tool ‘Check How to Export Goods’

NEW – The Department for International Trade has launched a digital tool to give businesses the information they need to export goods out of the UK market. The free tool, called ‘Check How to Export Goods’, has launched on GOV.UK.

The tool helps any business, particularly SMEs, to trade with over 160 markets by providing up to date information and guidance on what they need to know and do in order to export goods to an EU country or to the rest of the world.

Businesses input their product commodity code and export destination and can then access product-level and country specific information including duties, regulations, customs procedures and trade agreements between the UK and other markets.

The tool saves time by providing the information that is needed to trade goods in one place.

‘Check How to Export Goods’ includes key information on:

  • Commodity codes
  • Duties, taxes, charges and quotas
  • Rules of origin
  • How to move your goods out of the UK
  • How to move your goods into other countries/destinations

The service is free to use and is available here.

Click here for more information and advice on exporting.

Actions you can take now that do not depend on negotiations

Following its departure from the EU on 31 January 2020 the UK is now in a transition period until the end of 2020, while the UK negotiates a free trade agreement. This link provides a list of actions of what you can do now, all transition period information and the opportunity for you to sign up to email alerts about the transition period.

Recent Announcements

NEW – The Department for International Trade and Export Joint Control Unit have published a notice of the current export licensing arrangements which will continue to apply until the end of the transition period on 31 December 2020. Notice to exporters 2020/03: exporting and trading items subject to strategic controls during the transition period.

Companies House has produced guidance to help you find out whether your business will need to change its company registration from 1 January 2021, and how to do this. Changing your company registration from 1 January 2021.

Business Readiness Bulletin      

Business Readiness Bulletin

Issue 42: 3 February 2020    

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 guidance for business whilst the UK is in an 11-month transition period. This Bulletin aims to provide you and your networks with important information from Government, to help your members and networks prepare for when we exit the transition period.    

Written Ministerial Statement on UK negotiations with the European Union

The Prime Minister has today, Monday 3 February 2020, laid a statement in the House of Commons that sets out the Government’s proposed approach to the negotiations with the EU about our future relationship. Further details on this and other trade negotiations will be made available, as the process develops.

Actions you can take now that do not depend on negotiations

After 31 January 2020 there will be a transition period until the end of 2020, while the UK and EU negotiate a Canada-style free trade agreement. This link provides a list of actions of what you can do now, all transition period information and the opportunity for you to sign up to email alerts about the transition period.

Business Readiness Forum

Our next forum will be a webinar on Thursday 6 February 2020. Further details will be sent to relevant organisations under a separate cover. Please share your thoughts, feedback or topics you would find useful with us via sed@beis.gov.uk.

Recent Announcements

NEW – The Competition and Markets Authority has published guidance on its functions under the Withdrawal Agreement. The guidance is intended for businesses and their legal advisors but may also be of interest to other enforcers. UK Exit from the EU: Guidance on the functions of the CMA under the Withdrawal Agreement.

NEW – The UK is introducing a points-based immigration system from 2021. The Home Office has created this page which will be updated with the latest information about the new-points based immigration system. You can also sign up for email alerts. New immigration system: what you need to know.

NEW – The Department for International Trade have published guidance to help you find out which trade agreements with non-EU countries are in place during and after the transition period. UK trade agreements with non-EU countries.

NEW – The Intellectual Property Office has produced information on trademarks, designs, patents, copyright, and exhaustion of IP rights during the transition period. Intellectual property and the transition period.

NEW – The Department for Exiting the European Union produced guidance on International Agreements with third countries during the transition period. International Agreements with Third Countries during the Transition Period.

NEW – The Intellectual Property Office has produced guidance for businesses and organisations holding EU trademarks at the end of the transition period. EU trademark protection and comparable UK trademarks.

NEW – The Intellectual Property Office has produced guidance for business holding registered community designs and international trademarks and designs after the end of the transition period. Changes to EU and international designs and trade mark protection from 1 January 2021.

NEW – The Intellectual Property Office has produced guidance for businesses who have unregistered community designs. Changes to unregistered designs from 1 January 2021

NEW– The Ministry of Justice has produced guidance for legal services business owners on preparing the end of the transition period.  Legal services business owners from 1 January 2021

NEW – The Intellectual Property Office has produced guidance on how protection in the EU for databases produced in the UK will change after the end of the transition period. Sui generis database rights from 1 January 2021.

NEW – The Intellectual Property Office has produced guidance covering the impacts on UK right holders, businesses, cultural heritage institutions and consumers. It is not legal advice. Changes to copyright law from1 January 2021.

NEW– The Intellectual Property Office has produced guidance on actions that parallel exporters to the EEA and intellectual property rights holders will need to take after the transition period. Exhaustion of IP rights and parallel trade from 1 January 2021.

NEW – The Intellectual Property Office has produced guidance on international trademark registrations protected in the EU under the Madrid Protocol will no longer enjoy protection in the UK after the transition period. Changes to international trade mark registrations from 1 January 2021.

NEW – Companies House has produced guidance to help you find out whether your business will need to change its company registration from 1 January 2021, and how to do this. Changing your company registration from 1 January 2021.

Business Intelligence and Engagement Directorate

Department for Business, Energy and Industrial Strategy

Latest Brexit Business Readiness

Brexit Business Readiness Bulletin

Issue 41: 20 December 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 guidance for business on the UK exiting the EU. This Bulletin aims to provide you and your networks with important information from Government and rally businesses to get ready for Brexit.  

The Withdrawal Agreement Bill

Following the State Opening of Parliament by HM The Queen on Thursday 19 December, the Leader of the House of Commons, Rt Hon Jacob Rees-Mogg MP, announced that the Withdrawal Agreement Bill will have its Second Reading on Friday 20 December 2019.  The Withdrawal Agreement Bill has been published and can be viewed here.  The Bill reflects the agreements made with the EU and the passing of the Bill will pave the way for the UK to leave the EU by the end of the extension period.

Brexit Business Readiness Forum

The forum will return in the new year. The next forum will be held on  Thursday 23 January 2020. Further details will be sent to relevant organisations under a separate cover.   Topics for the January Forum will be published in the January edition of the Bulletin.

Update from GOV.UK – Export control training bulletin


Update on GOV.​UK.

Export control training bulletin

Page summary
Courses, seminars and workshops to help exporters understand their obligations under export control legislation.

Change made
Latest edition published covering November 2019 to April 2020. Includes an HTML version of the bulletin with separate downloadable booking form.

Time updated
10:33am, 5 November 2019

No Deal Readiness Report

No Deal Readiness Report

No deal Readiness report

The content of the No-Deal Brexit Readiness report;

Foreword by the Prime Minister 3
Preface by the Chancellor of the Duchy of Lancaster 5
Executive summary 7
1. Borders 13
A: Flow at the Border – Goods 13
B: Cross-Border Transport Operations 22
C: Import Tariffs 25
D: Export Tariffs 29
2. Citizens 32
A: EU Citizens in the UK 34
B: EU Citizens Coming to the UK after Brexit 37
C: UK Nationals in the EU 40
D: UK Nationals Travelling to the EU (Including for Work or Study Purposes) 45
E: Transport 48
F: Tax and Customs for Parcels Sent from Abroad 51
3. Data Protection 52
4. Energy and Environment 56
A: Civil Nuclear 56
B: Electricity and Gas Interconnectors 59
C: Fuel Supplies 61
D: EU Emission Trading Scheme (EU ETS) and Carbon Emissions Tax 62
E: Environment 65
5. Services 67
A: Service Sectors 67
B: Financial Services 71
C: Legal Services 75
6. Industry 78
A: Manufactured Goods Regulation 78
B: Medical Devices 83

Chemical Provisions in the Environment Bill

Following the Queen’s Speech, the Environment Bill has been introduced into Parliament

Here is the link to the Bill documents.

The Bill now contains chemicals-related provisions with enabling powers to amend the Articles REACH as it applies in UK law and the REACH Enforcement Regulations.  These provisions are clause 122 and Schedule 20 in the Bill.  The relevant paragraphs in the Explanatory Notes are 967-969 and 1612-1624, and in the Delegated Powers Memorandum are 511-535.

The REACH Regulation draws a distinction between the Articles and Annexes of the Regulation.  As REACH is carried into UK law the Annexes can be amended by the Secretary of State through Statutory Instrument but the Articles cannot generally be amended.  However, this risks freezing the UK REACH Regulation in its current form. The power in the Bill will allow the Secretary of State to take further steps where necessary to ensure a smooth transition to a UK chemicals regime following the UK’s exit from the EU.  It will also make it possible to keep the legislation up to date and respond to emerging needs or ambitions for the effective management of chemicals.

For example, the Secretary of State may want to amend the detailed operation of the regulatory processes such as evaluation, authorisation and restriction to ensure they remain efficient and effective and respond to the experience of applying them in a UK-only context. The Secretary of State may also want to amend the provisions on independent scientific advice if experience shows that they need to be refined to take account of the fact that they are operate more effectively.

The REACH Exit SI inserted provisions designed to provide a smooth transition into the UK system for existing dutyholders under the EU REACH Regulation.  At the same time the policy intention is to preserve the underlying principles of the EU REACH regime, including ensuring a high level of protection of human health and the environment.  It is important that it remains possible to amend the transitional provisions to ensure both a smooth transition into the UK REACH system and continued effective management of chemicals for the protection of human health and the environment.

A number of safeguards are included in relation to the exercise of this power. The Secretary of State must publish an explanation of why she considers any amendments to be consistent with Article 1 of REACH (aim and scope).  There is also a series of protected provisions which cannot be amended.  These relate to the fundamental principles of REACH, the role of the Devolved Administrations, and the transparency of the regime.

The REACH Enforcement Regulations 2008 were made under section 2(2) of the European Communities Act 1972.  However, the European Union (Withdrawal) Act 2018 repeals the European Communities Act. This means that after exit day the only way to amend the Enforcement Regulations will be by providing new powers through primary legislation.

The next stage will be Second Reading in the House of Commons, which is the debate on the main principles of the Bill.  We haven’t got a date for that yet but the convention is that there should be a minimum of two weekends between Introduction and 2nd Reading.

Please get in touch with Keith.Bailey@defra.gov.uk if you have further questions.

Brexit Business Readiness Weekly Bulletin  

Edition: Brexit Business Readiness Weekly Bulletin

Issue 35: 3 October 2019

Next week The Department for Business is  hosting a series of webinars in partnership with the British Library. Each webinar will have an individual focus and there will be the opportunity to ask questions to the officials in every webinar. These webinars are aimed at businesses, especially smaller businesses, and we encourage you to share details  with  your networks. Please see webinar details below.

Tuesday 8 October, 11am, Managing Personal Data

In the event the UK leaves the EU without a deal, any organisation that receives personal data from organisations in the EU – including addresses in delivery details, personnel files, and intra-company transfers of customer details – will need to take steps to ensure these transfers can legally continue. Officials from the Department for Digital, Culture, Media, and Sport (DCMS) are hosting a WebEx seminar to talk through steps organisations should take.

Linked here.

Wednesday 9 October, 11am Carbon Pricing RegulationTo help businesses understand how they need to prepare, officials from the Department for Business, Energy and Industrial Strategy (BEIS), HM Treasury, and HM Revenue & Customs are hosting a WebEx seminar concerning carbon pricing policy in the event of no deal. Topics covered will include the implications for UK businesses of leaving the EU Emissions Trading System, emissions monitoring and reporting requirements in 2019 and 2020, and compliance with the Carbon Emissions Tax.

Linked here.

Thursday 10 October, 11:30am, Employing EU Citizens and Providing Services to the EU

To help businesses understand how they need to prepare, officials from the Department for Business, Energy and Industrial Strategy (BEIS) and the Home Office are hosting a WebEx seminar. The Home Office will be presenting on the EU Settlement Scheme. The presentation will cover background to the Scheme, as well as employers’ rights and obligations. We will also be providing information on the recently announced, European Temporary Leave to Remain scheme. The presentation will also cover information on services to EU based clients or exporting services to the EU. When the UK leaves the EU, UK businesses and professionals will be treated as originating from a ‘third country’ and will not have the same kind of access to EU markets. Investment in EU businesses or the establishment of businesses within the EU will also be affected. At this session we will outline new rules you may need to comply with if the UK leaves the EU without a deal, focusing on:

  • Market access (including remote access)
  • Recognition of professional qualifications
  • Business travel

Linked here.

Friday 11 October, 11am, Importing and Exporting Services to the EU

The presentation will also cover information on services to EU based clients or exporting services to the EU. When the UK leaves the EU, UK businesses and professionals will be treated as originating from a ‘third country’ and will not have the same kind of access to EU markets. Investment in EU businesses or the establishment of businesses within the EU will also be affected. At this session we will outline new rules you may need to comply with if the UK leaves the EU without a deal, focusing on:

  • Market access (including remote access)
  • Recognition of professional qualifications
  • Business travel

Linked here.

EU EXIT: Business Intelligence and Engagement Team

US tariff measures annoucement (Airbus WTO Dispute)

Conference call invitation Friday 4 October 2019 for 13:30US tariff measures announcement (Airbus WTO Dispute)

The World Trade Organisation (WTO) has released its report on US retaliatory rights in relation to the Airbus dispute.

DIT’s Press Statement can be found here.

Take part in the information session that DIT will be hosting to inform stakeholders who will be affected by or have an interest in this report. This will take place on Friday 4 October 2019 at 13:30. To join the call and receive dial-in details please register here. The conference ID number is 2875695. If you would like to attend in person or have any questions regarding the call please email TradeDisputes@trade.gov.uk.

Actions for UK importers & exporters to prepare for a no-deal brexit

The UK will leave the EU on 31 October 2019

You are receiving this email from the Department for International Trade (DIT) because we support businesses to trade internationally.

If you are a UK business that imports and/or exports, you will need to act now to prepare for the changes that will affect your trading with Europe and the rest of the world.

Businesses are taking action and by following some simple steps, you can better prepare your business for Brexit.

You should check the latest guidance and steps to:

Further information and key actions for UK businesses in a no-deal Brexit:

Further information and key actions for UK importers of goods in a no-deal Brexit:

The Government is holding events to help your business get ready for Brexit. Sign up to:

Keep up-to-date on Brexit and get tailored guidance:

Sign up for alerts (regular Brexit updates) on subjects including the Article 50 process, trade negotiations, and announcements about changes to trading.

Get detailed information and tailored guidance on Brexit by answering a few questions at gov.uk/brexit. If you can’t find the answers to your questions contact the imports and exports helpline.

EU Exit information for our members

EU Exit information and event links

EU Exit Advice for SMEs

https://www.gov.uk/government/publications/leaving-the-eu-advice-for-smes

EU Exit advice videos on a range of key topics including the UKCA mark, authorised representatives and importer labelling, business legal requirements: cross-border mergers and operating in the UK, business legal requirements: merger review and anti-competitive activity, use of personal data, EORI registration, transitional simplified procedures registration, using a customs agent, exporting, hauliers and business travel.

https://twitter.com/beisgovuk/status/1177100488363274245

https://twitter.com/HMRCgovuk/status/1177115706573434885

https://twitter.com/beisgovuk/status/1177281682623254528

https://twitter.com/HMRCgovuk/status/1177232320350367744

https://twitter.com/beisgovuk/status/1177266586295533569

HMRC webinars with information for businesses importing and exporting between the UK and the EU  

https://register.gotowebinar.com/rt/6556129852233668609?source=Sep-HMRC-Comms-BEIS

Sign-up for Brexit Business Readiness Events, being held across the country

https://registration.livegroup.co.uk/brexitbusinessreadinessevents/

A call for input to inform the UK’s approach to our future trading relationship with Japan

https://www.gov.uk/government/consultations/trade-with-japan