Week 28/21: Government law and guidance changes in Customs & Global Trade
A summary of EU, UK, German and Irish customs and trade laws, updates and guidance changes. Access all changes with a single click. Coverage: 12.07.2021-18.07.2021
CONTENT
Changes to Customs and Global Trade Legislation of the European Union in Week 28/21
Changes to Customs and Global Trade Legislation and Guidance of the United Kingdom in Week 28/21
Ireland: Updates and Notification from the Irish Revenue
Germany: Updates from the German Zoll
How we can help
Customs Manager Ltd. offers a customs and global trade legislation monitoring service for every country. We monitor legislative changes and government updates in the area of customs, trade agreements and export control. Other subjects can be added upon request. If you are trading with a specific country not listed here and would like to add the monitoring to your subscription, please contact us for a quote. We would be pleased to assist you.
Join our next Customs & Global Trade Update Event - 6 September 2021
Please join our next afternoon update event where we discuss the key changes of the past year and we look ahead to the changes that are coming. Get updated and debriefed in 2 hours and hear from your dedicated Customs Manager about practical steps that you can take to be compliant and trade effectively and efficiently.
When: Monday, 6 September 2021, from 3pm - 5 pm BST // 4pm-6pm CET
Where: Online, Zoom
How much: Included in your Virtual Customs Manager On-Going Support subscription
199 GBP + VAT for all others.
Download draft agenda
Customs and Global Trade Update 9 September 2021
.pdf
Download PDF • 296KB
1. Changes to Customs and Global Trade Legislation of the European Union in Week 27/21
Every week we monitor changes with EU law so you do not have to. This week we look at the Offical Journal of the European Union, so you do not have to: https://eur-lex.europa.eu/oj/direct-access.html.
The Official Journal of the European Union (OJ) is the main source of EUR-Lex content. It is published daily (from Monday to Friday regularly, on Saturdays, Sundays and public holidays only in urgent cases) in the official EU languages. It can be accessed here: https://eur-lex.europa.eu/oj/direct-access.html
It publishes EU law changes in the area of customs, trade, commercial policy, including trade agreements and export controls amongst many other areas. You can find the consolidated list of all weekly updates in this category on the expert blog:
https://www.customsmanager.org/customs-global-trade-blog/categories/law-update
The editions we looked at were:
16/07/2021 L253L254L255C284C285C286C287
13/07/2021 L247L247IL248C279C279AC280C281
12/07/2021 L245L246C277C277AC278
L = Legislation change
C = Information and Notices, with no legal character.
Not all editions cover customs, and global trade matters, so we have selected the ones that directly affect importers into the EU or exporters out of the EU, transport companies, customs brokers and anyone with an interest in customs and global trade. This analysis has been prepared by your team of dedicated Customs Managers to help you stay compliant.
What if I have a question...
Please use the chat function on the website www.customsmanager.org to ask any questions you may have in relation to this update. Your dedicated team of Customs Managers will endeavour to respond in less than 24 hours.
Court Rulings
Judgment of the Court (Seventh Chamber) of 12 May 2021 (Request for a preliminary ruling from the Bundesfinanzhof — Germany) — Hauptzollamt B v XY
(Case C-87/20) (1)
(Reference for a preliminary ruling - Protection of species of wild fauna and flora by regulating trade therein - Regulations (EC) No 338/97 and (EC) No 865/2006 - Sturgeon caviar - Introduction into the customs territory of to the European Union for personal and household effects - Import permit - Derogation - Limit of 125 grams per person - Exceeded - Intention to give as a gift to a third party)https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.C_.2021.278.01.0019.01.ENG&toc=OJ%3AC%3A2021%3A278%3ATOC
Brexit: Meat Products into Northern Ireland
Council Decision (EU) 2021/1157 of 30 June 2021 on the position to be taken on behalf of the Union in reaction to the unilateral declaration of the United Kingdom setting out the practice it intends to put in place as regards imports of meat products from Great Britain into Northern Ireland between 1 July and 30 September 2021
The EU-UK Withdrawal Agreement' provides for the application of Union law as listed in Annex 2 to the Protocol to and in the United Kingdom in respect of Northern Ireland.
The provisions of Union food law listed in Annex 2 to the Protocol include prohibitions and restrictions with regard to imports of certain meat products from third countries into the Union. Those prohibitions and restrictions apply to imports of such meat products from Great Britain into Northern Ireland as from the end of the transition period.
On 17 December 2020, the UK made a unilateral declaration recorded in the minutes of the Joint Committee meeting under the Withdrawal Agreement, setting out the practice it intended to put in place as regards imports of meat products from Great Britain into Northern Ireland until 30 June 2021.
According to the United Kingdom's declaration, meat products would be imported from Great Britain into Northern Ireland under the following conditions:
they would be subject to a channelling procedure applicable from the designated point of exit in Great Britain to destination supermarkets in Northern Ireland;
they would be sold exclusively to end consumers in supermarkets located in Northern Ireland, and would not be sold to other operators in the food chain;
they would be accompanied by official health certificates issued by the competent authorities of the United Kingdom (based on similar models already existing for fresh meat, minced meat and meat preparations); and
they would be packed and labelled for end consumers, bearing a label reading: 'These products from the United Kingdom may not be sold outside Northern Ireland'.
The UK also noted that during that period, the United Kingdom will remain fully aligned with Union law applicable to meat products and listed in Annex 2 to the Protocol.
On 17 June 2021, the United Kingdom informed the Commission of its intention to continue applying a similar approach for three more months, i.e.until 30 September 2021. In its letter of 17 June 2021, the United Kingdom proposed 'to maintain the existing grace period arrangements that are in place for these movements'.
The United Kingdom issued a unilateral declaration on 30 June 2021, setting out the practice it intends to put in place as regards imports of meat products from Great Britain into Northern Ireland between 1 July and 30 September 2021.
It is therefore appropriate to establish the position to be expressed to the Joint Committee co-chair on the Union's behalf in reaction to that unilateral declaration by the United Kingdom,
HAS ADOPTED THIS DECISION:
Article 1
The position to be expressed on the Union's behalf in reaction to the United Kingdom's unilateral declaration setting out the practice it intends to put in place as regards imports of meat products from Great Britain into Northern Ireland between 1 July and 30 September 2021 shall be based on the unilateral declaration of the Union attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
ANNEX
APPLICATION OF UNION LAW RELATED TO MEAT PRODUCTS IN NORTHERN IRELAND AFTER THE END OF THE TRANSITION PERIOD
UNILATERAL DECLARATION BY THE EUROPEAN UNION
The European Union takes note of the United Kingdom’s unilateral declaration setting out the practice it intends to put in place as regards imports of these meat products from Great Britain into Northern Ireland for the period 1 July until 30 September 2021. The Union notes that certain adjustments to supply chains have already taken place during the first six months of 2021. According to trade statistics, this is the case in particular as regards minced meat. The purpose of this additional period is to allow stakeholders, and in particular supermarkets in Northern Ireland, to complete the adjustment of their supply chains.
This practice will inform the position of the Union as regards recourse to the exercise of the powers referred to in Article 12(4) of the Protocol.
As referred to in the United Kingdom’s letter of 17 June proposing to extend the approach set out in its unilateral declaration of 17 December 2020 for three more months, during this period the United Kingdom proposes ‘to maintain the existing grace period arrangements that are in place for these movements’.
The Union recalls that the full implementation of the Withdrawal Agreement is an international legal obligation for the Union and the United Kingdom.
The Union notes that meat products that are subject to the channelling procedure referred to in the United Kingdom’s unilateral declaration must remain under the control of the Northern Ireland competent authorities at all stages of that procedure.
The Union also underlines the importance of ensuring that Border Control Posts in Northern Ireland have the necessary infrastructure and resources to be able to perform all the controls required by the EU’s Official Controls Regulation.
2. Changes to Customs and Global Trade Legislation and Guidance of the United Kingdom in Week 27/21
Every week we monitor changes with UK law and guidance so you do not have to. This week we look at the legislation changes on www.legislation.gov and the changes to customs and global trade guidance on gov.uk
Supplementary Declaration
Get your personal supplementary declaration planner here:
If you’ve chosen to delay making customs import declarations on non-controlled goods that you’ve brought in from the EU this year, you have to make a supplementary declaration within
175 calendar days of your shipment arriving in Great Britain. This planner sets out the key actions you need to take to complete your supplementary
declaration within 175 calendar days of importing your goods.
DOWNLOAD
Personal_supplementary_declaration_planner by HMRC published by Cusotms Manager Ltd
.pdf
Download PDF • 59KB
Updated by Gov.uk in the last week
Check if a business holds Authorised Economic Operator status
Use this list to see if a business holds Authorised Economic Operator status with HMRC.
The list of Authorised Economic Operators has been updated.
Read more about AEO: https://www.customsmanager.org/post/uk-aeo-list-revealed-is-your-company-aeo-certified
Apply for an Advance Origin Ruling
If you import into or export from Great Britain you can get a decision on the origin of your goods. We at Customs Manager Ltd can support you in applying for ATR rulings,
https://www.gov.uk/guidance/apply-for-an-advance-origin-ruling
UK Export Controls and Sanctions
Financial sanctions, Syria Syria is currently subject to UK financial sanctions.This document provides a current list of designated persons.
Financial sanctions, Belarus Belarus is currently subject to UK financial sanctions. This document provides a current list of designated persons. Updated with ‘Latest HM Treasury notice, 12/07/2021, Belarus’.
Financial sanctions, Global Human Rights The Global Human Rights regime operates under the UK’s Sanctions and Anti-Money Laundering Act 2018. This page contains the current list of designated targets. Updated with ‘Latest HM Treasury notice, 16/07/2021, Global Human Rights’.
Who is subject to financial sanctions in the UK? A guide to the current consolidated list of asset freeze targets, and a list of persons named in relation to financial and investment restrictions under the Russia regulations. Updated with ‘Latest HM Treasury notice, 16/07/2021, Global Human Rights’.
3. Ireland: Updates and Notification from the Irish Revenue
Irish Revenue is the customs authority of the Republic of Ireland. They apply the Union Customs Code and have several national systems which require regular updates. For our Irish subscriber or those trading with Ireland, we publish the latest changes published by the Irish authorities. We consult the following webpage for you, so you do not have to:
eCustoms Helpdesk Notification
E Customs Notification 44/2021
Importing vehicles from Northern Ireland (NI)
Following the withdrawal of the United Kingdom (UK) from the European Union (EU), an import of a vehicle from Great Britain is treated as an import from a third country, i.e. a non-EU country. If a vehicle is imported from Great Britain (GB) into Ireland, the importer is required to complete a customs declaration prior to import and pay customs duty, if applicable, and VAT at the standard rate.
It will not be possible to register the vehicle if an import declaration has not been filed. Under customs law, VAT at import is chargeable on the customs value of the goods. The fact that VAT has been charged in Great Britain on used vehicles subsequently imported into the State has no bearing on their liability to VAT at import when imported into the EU.
Under the Protocol on Ireland and Northern Ireland, Northern Ireland will continue to apply and adhere to EU rules in relation to trade in goods with the result that there are no customs formalities, including customs declarations or payment of tariffs, on trade between Ireland and Northern Ireland.
However, on 14 January, the UK introduced significant changes to the UK VAT margin scheme for used cars imported from Great Britain into Northern Ireland. These changes mean that vehicles first registered in Great Britain (GB), and subsequently registered in Northern Ireland after 31 December 2020, will be subject to temporary additional requirements if imported into the State. These additional requirements must be completed prior to presenting the vehicle for registration at an NCT centre.
More details see here: https://www.revenue.ie/en/customs-traders-and-agents/customs-electronic-systems/aep/ecustoms-notifications/2021/ecustoms-notification-44-2021.pdf
Detailed information in relation to the customs requirements are set out at this link https://www.revenue.ie/en/customs-traders-and-agents/brexit/customs-declarationroles-and-responsibilities/importer/index.aspx
Ireland: Export Licencing Unit
https://enterprise.gov.ie/en/What-We-Do/Trade-Investment/Export-Licences/Exporter-Notifications/
4. Germany: Updates from the German Zoll and BAFA
German Zoll
German Zoll is the customs authority of Germany. They apply the Union Customs Code and have several national systems which require regular updates. For our German subscriber or those trading with Germany, we publish the latest changes published by the German authorities. We consult the following webpage for you, so you do not have to:
Updates for participants in ATLAS
Mit der ATLAS-Teilnehmerinfo werden Informationen bezüglich Softwareänderungen und deren Auswirkung in fachlicher und gegebenenfalls betrieblicher Hinsicht bekannt gegeben. Sie sind für Teilnehmer relevant. https://www.zoll.de/DE/Fachthemen/Zoelle/ATLAS/ATLAS-Publikationen/Teilnehmerinformationen/teilnehmerinformationen_node.html
No updates this week