EU Exit Update from BEIS 29.03.19

Please find below this week’s EU Exit and Trade update from the BEIS Infrastructure and Materials team.  In this edition, we cover information on the following:

  • The latest Position on the EU Exit Timetable
  • A simple leaflet showing the most important actions to take in preparation for a no-deal Exit: please share this with anyone who might benefit from checking which actions they can take to prepare
  • An update on the legal status of REACH regulation
  • Road freight for exports to the EU- confirmation that UK hauliers will have their licences accepted
  • Consolidated guidance on importing and exporting, including process diagrams, videos and a forum for asking HMRC technical questions
  • Further changes to import customs procedures to remove admin and cash burdens
  • Slimmed-down guidance on goods regulations and market access
  • Videos to help explain no-deal UK import tariffs
  • A Reminder on Data Protection; and
  • Further country-specific guides published for businesses providing services to EEA and EFTA countries

The latest Position on the EU Exit Timetable

I imagine you have all seen this already but for the sake of completeness, unless there is another legal change, the UK will leave the EU without a deal at 11pm (UK time) on 12 April.

We do not yet have clarity with regard to the implications of recent votes in the House of Commons, including the one today.  Leaving the EU with a deal is the Government’s top priority but our advice remains to make yourself aware of no-deal guidance and take actions to be prepared.

A simple leaflet showing the most important actions to take in preparation for a no-deal Exit

EU Exit leaflet for businesses

 An update on the legal status of REACH regulation

On Tuesday 26 March the REACH SI (which makes provision for ‘UK REACH’ to be brought into law, if the UK leaves the EU without a withdrawal agreement) was approved by the House of Lords, having already been approved in the House of Commons. This means that this secondary legislation will now be incorporated into the UK statute book, so that in the event of a ‘no deal’ scenario, UK REACH regulations will be in place for exit day.

Road freight for exports to the EU- confirmation that UK hauliers will have their licences accepted

EU Ministers have formally adopted laws which mean that permits will not be required for the vast majority of journeys to the EU until the end of 2019. This means that should the UK leave without a deal, hauliers and traders can continue to use their EU Community Licence until 31 December 2019. However, businesses would still need an ECMT permit to transport goods through EU and EEA countries to non-EU and EEA countries who are ECMT members. For example, a haulier would need an ECMT permit to transport goods through France to deliver in Switzerland. Further guidance on how to apply for short-term ECMT permits can be found here.

Guidance has also just been updated on the documents needed by hauliers carrying goods to and from the EU, which is available here.  It might be helpful to check that you would be able to provide the relevant data.

Consolidated guidance on importing and exporting, including process diagrams, videos and a forum for asking HMRC technical questions

HMRC has published a new section on G‌O‌V.U‌K bringing together several key bits of guidance with more emphasis on clearly listing the actions to help you prepare if you are moving goods to or from the EU.

For exports, the Trading and moving goods from the UK to the EU if the UK leaves with no deal’ page includes guidance on:

  • What to do in advance, including how to register for a UK EORI number
  • How to make a customs declaration
  • What you need to do after your goods leave the UK – with details of how long you’ll need to keep your commercial invoices and customs paperwork.

For imports, please refer to the ‘Trading and moving goods from the EU to the UK if the UK leaves with no deal’ page.

Process diagrams below; one document has simplified versions; the other has more detail and some narrative sections on different parts of the process.

Detailed no deal Roll-on Roll-off road freight business requirements

No deal Roll-on Roll-off road freight process flowcharts

This information was also discussed in an HMRC live webinar which took place on 22 March and is now available online for you to view.

HMRC’s online EU Exit Customer Forum can be used to ask questions of HMRC officials and has answers to previous business queries on subjects such as EORI, TSP and VAT.

Further changes to import customs procedures to remove admin and cash burdens (all reflected in the guidance mentioned above)

HMRC has announced changes to its Transitional Simplified Procedures (TSP) scheme, details of which can be found here.  Once a business has registered for an EORI number, it can take the simple next step and register for TSP.  Both are free and quick to do.  The business will be able to transport goods from the EU into the UK without having to make full customs declarations at the border or pay import duties straight away, to allow time to prepare for standard import processes. The headline changes are:

  • an extension of the date when the first supplementary customs declarations must be submitted, and any import duties must be paid, to 4 October 2019, with subsequent declarations submitted monthly
  • making TSP available at all UK ports if the UK leaves the EU without a deal, not just roll-on roll-off road freight locations, as previously announced

For most goods imported using TSP, traders will be able to delay putting in customs declarations for the first 6 months after EU exit. Businesses will have until 4 October 2019 to submit declarations and pay any import duty for goods imported up to 30 September 2019. After that, customs declarations and payments will need to be made on the fourth working day of the following month.

HMRC is also giving importing businesses until 30 September 2019 to provide a guarantee that is required to cover any customs duties that they wish to defer. This will apply for all importers, not just those who have registered for TSP.

More details on making declarations by TSP is available here.

Slimmed-down guidance on goods regulations and market access

Videos to help explain no-deal UK import tariffs

The Department for International Trade has created three videos to explain how the UK’s import tariff schedule would work in a no-deal scenario.

A Reminder on Data Protection

Does your business send any personal data between the UK and the EU?  If so, have you put in place Standard Contractual Clauses (for transfers to another company) or Binding Corporate Rules (for transfers within your company)?

Please consult the ICO (information Commissioner’s Office) guidance:

If you have any questions or concerns at all, let us know and we can put you in touch with colleagues from the Department for Digital, Culture, Media and Sport (DCMS).

Further country-specific guides published for businesses providing services to EEA and EFTA countries

If the UK leaves the EU with no deal, UK businesses will no longer be treated as if they were local businesses, and UK businesses and professionals providing services in the EEA will be regarded as originating from a ‘third country’.  If you’re a UK business or professional providing services in the EEA, you’ll need to check the national regulations to understand how best to operate.  You can find out more by looking at the relevant country guides here.

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