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(S,P) The EU-UK TCA is essential for zero duty trade. Find out what's in it. The EU-UK Trade and Cooperation Agreement concluded between the EU and the UK sets out preferential arrangements in areas such as trade in goods and in services, digital trade, intellectual property, public procurement, aviation and road transport, energy, fisheries, social security coordination, law enforcement and judicial cooperation in criminal matters, thematic cooperation and participation in EU programmes. It is underpinned by provisions ensuring a level playing field and respect for fundamental rights. The Trade and Cooperation Agreement was signed on 30 December 2020, was applied provisionally as of 1 January 2021 and entered into force on 1 May 2021. The EU-UK Trade and Cooperation Agreement consists of a Free Trade Agreement, with ambitious cooperation on economic, social, environmental and fisheries issues, a close partnership on citizens’ security, an overarching governance framework. Foreign policy, external security and defence cooperation is not covered by the Agreement as the UK did not want to negotiate this matter. Since January 2021, there is therefore no framework in place between the UK and the EU to develop and coordinate joint responses to foreign policy challenges, for instance the imposition of sanctions on third country nationals or economies. In addition, the Trade and Cooperation Agreement does not cover any decisions relating to equivalences for financial services, the adequacy of the UK data protection regime, or the assessment of the UK’s sanitary and phytosanitary regime for the purpose of listing it as a third country allowed to export food products to the EU. Indeed, these are unilateral decisions of the EU and are not subject to negotiation. What's covered? The agreement covers not just trade in goods and services, but also a broad range of other areas in the EU's interest, such as investment, competition, state aid, tax transparency, air and road transport, energy and sustainability, fisheries, data protection, and social security coordination. It provides for zero tariffs and zero quotas on all goods that comply with the appropriate rules of origin. What about the level playing field? Both parties have committed to ensuring a robust level playing field by maintaining high levels of protection in areas such as environmental protection, the fight against climate change and carbon pricing, social and labour rights, tax transparency and State aid, with effective, domestic enforcement, a binding dispute settlement mechanism and the possibility for both parties to take remedial measures. Big Changes Single Market vs EU TCA While it will by no means match the level of economic integration that existed while the UK was an EU Member State, the Trade and Cooperation Agreement goes beyond traditional free trade agreements and provides a solid basis for preserving our longstanding friendship and cooperation. See this comparison to show how the agreement does not replicate the same level of access to the EU Single Market that Member States hold. Circle: specific conditions related to EU-UK Trade and Cooperation Agreement Key Achievements for goods-trading business 100% tariff liberalisation The United Kingdom and the European Union have agreed to an unprecedented 100% tariff liberalization. The Agreement establishes zero tariffs or quotas on trade between the UK and the EU, where goods meet the relevant rules of origin. This means there will be no tariffs or quotas on the movement of goods we produce between the UK and the EU. This is the first time the EU has agreed to a zero tariff zero quotas deal with any other trading partner. The UK and EU have agreed on rules of origin Chapter which contains modern and appropriate rules of origin ensuring that only ‘originating’ goods are able to benefit from the liberalized market access arrangements agreed in the TCA, while reflecting the requirements of UK and EU industry. The Chapter also provides for full bilateral cumulation (cumulation of both materials and processing) between the UK and the EU, allowing EU inputs and processing to be counted as UK input in UK products exported to the EU and vice versa. The ambitious arrangements include facilitations on average pricing, accounting segregation for certain products, as well as all materials, and tolerance by value. The rules are also supported by predictable and low-cost administrative arrangements for proving origin. There is a protocol on mutual administrative assistance on customs matters. Authorised Economic Operators (AEOs). There will be mutual recognition of the Parties’ respective Authorised Economic Operator security and safety schemes. As a result, AEOs assessed and recognised under either the UK or EU scheme will face fewer controls relating to safety and security when moving their goods between the UK and the EU, facilitating trade and flow at the border. Structure 7 Parts The Agreement is structured into 7 Parts: Part 1 covers the common and institutional provisions in the Agreement; Part 2 covers trade and other economic aspects of the relationship, such as aviation, energy, road transport, and social security; Part 3 covers cooperation on law enforcement and criminal justice; Part 4 covers so-called “thematic” issues, notably health collaboration; Part 5 covers participation in EU Programmes, principally scientific collaboration through Horizon; Part 6 covers dispute settlement; Part 7 sets out final provisions. Final Version DOWNLOAD THE EU COMMISSION's Questions & Answers Top 10 documents for download 1. EU Press Release 2. The timeline from Referendum to the new Partnership Agreement 3. The infographic (summarizing the Agreement): 4. The brochure explaining the new relationship EU/UK. 5. Overview of consequences and benefits 6. Big changes are still to come - Comparison 7. Summary by UK government of the UK-EU Trade & Cooperation Agreement 8. Speech by UK Prime Minister Boris Johnson 9. Speech by Michel Barnier 10. Speech by Ursula von der Leyen - EU Commission Downloads The Draft EU-UK Trade and Cooperation Agreement The Draft EU-UK Security of Information Agreement The Draft EU-UK Civil Nuclear Agreement The Draft EU-UK Declarations Press release: EU-UK Trade and Cooperation Agreement: protecting European interests, ensuring fair competition, and continued cooperation in areas of mutual interest Questions & Answers: EU-UK Trade and Cooperation Agreement Remarks by Chief Negotiator Michel Barnier at the press conference on the outcome of the EU-UK negotiations - 24 December 2020 Press conference by European Commission President Ursula von der LEYEN and Chief Negotiator Michel BARNIER, on the outcome of the EU-UK negotiations - 24 December 2020 EU-UK Trade and Cooperation Agreement: A new relationship, with big changes - Brochure EU-UK Trade and Cooperation Agreement: A new relationship, with big changes - Overview of consequences and benefits EU-UK Relations: From the UK referendum to a new Trade and Cooperation Agreement - Timeline EU-UK Relations: From the UK referendum to a new Trade and Cooperation Agreement - Infographic EU-UK Relations: Big changes compared to benefits of EU membership. 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(S,P) When Customs selects your goods for inland pre-clearance checks, here are tips on what need to do when they carry out checks on your goods. Customs authorities may select your goods for inland pre-clearance checks if you’re: a business importing goods into a country/jurisdiction. acting as an intermediary for imports into a country/jurisdiction. Checks away from the border Customs authorities may select goods for checks to make sure everything relating to your customs declaration is correct before we release your goods. They can use inland pre-clearance to conduct our checks away from the border to reduce congestion. What the checks may include The checks may include: an examination of your declaration and supporting documents an examination of your goods a sampling of your goods What happens when we select your goods Your goods arrive in the country and customs select them for checks. Customs may move them from the place of importation to one of their inland locations. email you to invite you to the checks and set a date. carry out full checks on your goods. tell you the outcome and what you need to do next. clear your goods from customs control ready for their release (if we have not seized them or called for a payment of security). You arrange collection of your goods. Before the check If Customs selects your goods for checks, they may email or get in touch with you in any other you. An email could very well be a primary method of contact during the check process, but there may be instances where they may contact you by letter or phone. You’ll need to follow all instructions communicated to you. Before the checks you may need to: confirm you are content to communicate by email confirm if you have authorised others to represent you tell Customs if you want to attend the examination of your goods give Customs information if they request it If you choose not to attend, you could possibly e-mail them to nominate a person to go in your place. But if you do not reply within the time frame they may still go ahead with the examination. If you do not respond to our requests for information, then they may pause the check. You can either choose to attend, send a nominated person or attend with them. Customs may agree with you on a suitable date and time for the examination. You may need to: give Customs the full names of those attending have photo ID for attendees at the examination If you are sending a nominated person, Customs may need to confirm whether they are authorised to represent you. You may need to bring your own personal protective equipment (PPE), including safety footwear and a high visibility vest or jacket. You cannot attend without this. How long checks may take Checks may take quite a long time, sometimes even up to 5 weeks, to be completed. While many will be completed within this time, some checks may take longer. The time it takes starts with the selection of a consignment for checks and ends with the outcome of the checks. The time it takes to complete checks depends on the: type and quantity of goods we examine amount of time you or your agent take at certain points in the process (for example, delayed replies to our questions) Customs will hopefully keep you informed of the progress of the checks. If you feel there has been an unreasonable delay in carrying out the checks, please contact us for support and we can help. Checking your goods During the check, Customs may: ask questions about the declaration or the goods examine any records relating to the declaration take details from the declaration and documents take samples to help classify and identify the goods mark goods, documents or items to show they have inspected them ask for your help when carrying out a physical inspection detain or seize goods found to be held contrary to customs law If you have any questions at any stage you can usually tell the officer dealing with the check. Customs can only answer questions about the consignment they examine. If you have to pay financial securities relating to your declaration, you may need to pay this before, so Customs can release your goods. After the check After the check Customs may: tell you the outcome of the examination either seize or release your goods Check if you have received an email or other message and the time you have to respond to our decision. If Customs need any further evidence, you should provide them with any information and documentation you feel may inform their decision. After the outcome of the checks, they may also carry out post-clearance compliance checks. They will tell you if they are going to carry out a post-clearance check-in our correspondence with you. Releasing your goods To release your goods you may need to complete a payment of security. You’ll find more information in the email they may have send you. Customs may ask you to make arrangements to collect your goods if they release them after the checks are complete. For further guidance, you can check UK general information about customs inland pre-clearance checks (CC/FS1j).

(S,P) The ban of live bivalve molluscs to the EU from UK waters and the UK's request to get it back on EU menus shows the consequences of leaving the EU are not yet fully understood. Let me and a UK Brussels reporter share our views... A personal commentary & analysis by Arne Mielken, founder of the customs & global trade advisory and training company Customs Manager Ltd. The UK government cannot understand why the long-standing trade in live bivalve molluscs to the EU from UK waters should stop. After all, this "has benefited both our own shellfish industry and EU restaurants and retailers, which rely on these premium products from the UK". Why would the EU destroy this trade now and risk an international incident? The UK said, in it's recent UK parliament debate, see below, that the European Commission has changed its position in recent weeks. "It advised us in writing in September 2019 that the trade could continue. We shared the Commission’s view and worked with the industry on that basis, and that included explaining that for one small part of the industry—wild-harvested molluscs from class B waters—there would need to be a pause while we awaited new export health certificates to become available in April, but that, in line with the guidance from the EU, trade in the molluscs from farms could continue uninterrupted". Read the full letter of the UK to the EU here: What are the rules? The rules for third countries to import shellfish and other products are laid down in "Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (Text with EEA relevance). The export health certificate to be completed is complex enough to start with (this alone can put you off exporting forever): What is the problem with the shellfish from the UK? Well, it is true, more than a month ago, shellfish exports to the EU from the UK were perfectly fine, out of the sudden they are no longer? It is still the same shellfish? What changed? Well, nothing and everything. Nothing: The shellfish is still in the same water as it was before. Everything: BREXIT - the rules of the game have changed dramatically. UK fishing waters of bivalve molluscs are apparently classed by the EU as ‘Class B’. The UK Food Agency explains that the "classification of a production area determines the treatment required before Live Bivalve Molluscs (shellfish) may be marketed for human consumption". It looks like shellfish production and relay areas are classified according to the levels of E. coli detected in shellfish flesh. A production area will be classified as A, B or C, with A as the least and C as the most contaminated. The UK says that Class B shellfish can be supplied for human consumption after one of three processes. The options are: purification in an approved establishment relaying for at least one month in a classified Class A relaying area an EC approved heat-treatment process. So, these must be depurated before they are fit for human consumption. Before 01 January this year, UK shellfish was normally purified or processed in the EU before it was distributed for human consumption to supermarkets and eateries. Since 01 January, UK firms have been able to send only pre-purified, ready-to-eat shellfish – accompanied by the export health certificate (see above) – to buyers in the EU’s 27 member states. The UK believed that the ban originally applied only to wild-caught bivalve molluscs and was understood to have been caused by new EU animal health regulations which are due to come into force on 21 April. What new regulation? Regulation (EU) No 2016/429 on transmissible animal diseases ("Animal Health Law") was adopted on 9 March 2016. It constitutes a new European Union (EU) legal framework for animal health providing comprehensive, simple and clear rules for the prevention and control of transmissible animal diseases. These new rules will apply from 21 April 2021. The principles and rules of the new Regulation apply to kept and wild terrestrial, aquatic and other animals, germinal products and products of animal origin. The Regulation lays down rules for the prevention, control and eradication of transmissible animal diseases, including emergency measures, and for intra-EU movements and entry into the EU of animals and products of animal origin. The previous EU legislation on animal health, scattered across numerous legal acts, has been replaced by this single and comprehensive legal framework. The new legal framework for animal health has been complemented by a series of regulatory acts detailing a number of implementing measures including Commission Delegated Regulation (EU) 2020/990 of 28 April 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health and certification requirements for movements within the Union of aquatic animals and products of animal origin from aquatic animals (Text with EEA relevance). These strict EU hygiene rules and others mean shellfish that are not ready to be eaten are no longer allowed to enter the bloc, resulting in this multi-million-pound trade grinding to a halt overnight. Is the ban justified? In the email sent on Tuesday, January 19th, and seen by PoliticsHome, an EU official said it was “strictly forbidden for bivalve molluscs originating from third countries, [such] as UK" not ready for human consumption to enter the EU at any time, and that "molluscs accompanied by an aquaculture certificate, wild or from aquaculture, cannot, in any case, reach a depuration centre in the EU". The explainer guide on shellfish imports of the EU explains: "Specific conditions apply for imports of live or processed bivalve molluscs (e.g. mussels and clams), echinoderms (e.g. sea urchins) or marine gastropods (e.g. sea-snails and conchs). Such products may only be imported into the EU if they come from production areas which have been approved by the competent authority and listed by the Commission on its website. The competent authorities of exporting countries are required to give guarantees on the classification of these products and the close monitoring of the production areas to exclude contamination with certain marine biotoxins causing shellfish poisoning". The UK says that "On 27 September 2019 the Commission Services provided advice to the UK Chief Veterinary Officer that when these animals are exported to the EU for purification, they can be certified with the model Export Health Certificate set out in Part A of Annex IV to Commission Regulation (EC) No 1251/2008". Does the UK seek special treatment? The UK says "We can see no scientific or technical justification for this change and the news was conveyed to us rather casually and after the event. This is not in the collaborative and cooperative spirit in which we wish to work together going forward". "We (...) must recognize the existing high standards and history of trade between us" So what does the UK wish the EU to do? Change its rules or ignore them or grant a derogation to the UK? So that UK molluscs can be sold to the EU as before? The cake is back Hm, that sound strangely like "having a cake and wishing to eat it, too!" And what would countries like Greenland and Canada say? They would like special treatment, too, no? The reality is that the UK has decided to leave the EU and now has to adhere to the same rules as any other third country - a good history of trade or not. If the rules on shellfish imports are what they are, then they apply to the UK as they do to any other country. A UK reporter in Brussels has put it best What does Brussels think about this request from the UK for special treatment? Well, nothing is official but what my morning tweet review gave quite a few insights in the form of a series of insightful tweets, worth reading: Conclusion The shellfish example is showing the true cost of leaving the EU from a trade perspective, with potentially disastrous consequences. Sure we can spin this any way we like, "it's the EU's fault" or "it's the UK's fault", but the fact of the matter remains: The UK is out of the club and has no more say! The UK can protest but from the outside and EU Member States may not take much notice. And do you really wish to take on the EU Commission when it comes to arguments and scientific evidence? I doubt one will argue and shout its way to victory, especially when blaming the EU Commission for anything and everything on Article 16 and Northern Ireland the week earlier. Stopping the blame game is hard for some, I get it but to get on each other's good side, everyone must try. For our industries, our businesses, our jobs and our people's sake. EU and UK - TRY HARDER! Downloads UK Parliament debate 9 February 2021 Subscribe to Free Updates Sign-up at www.customsmanager.org About Customs Manager’s Trade Intelligence Services The Premium Professional Legislative Monitoring Service (PLM) is a research and curation service which checks for legislative updates from official government websites, based on the selected jurisdictions and topics. Premium subscribers can access daily (workday) law change notifications, tailored to their preferences, to ensure they never miss an important legal change. At the same time, they save valuable time by engaging our dedicated trade specialists to carry the monitoring out for them. Premium subscribers also unlock all content on the Customs Manager’s Ltd. website, including our Customs & Trade Blog, providing vital thought leadership development services to empower them to trade effectively, efficiently and, of course, compliantly, across borders. 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(S,P) Guidance on Rules of Origin published to help EU business import into the UK for zero duty. The stakeholder meeting was announced at short notice and attracted a wide range of industry representatives from most EU sectors. The Director for International and General Affairs at European Commission, Taxation and Customs Union chaired the meeting and her team provided a detailed and insightful presentation on the rules of origin under the new EU-UK TCA. Guidance on EU Supplier Declarations Download Q&A Document This presentation has been made available and is for download below (update 20.01.2021) Download the Presentation This was followed by an extensive Q&A where many questions could be clarified. Here are some of the most typical questions regarding rules of origin and the official answer by the EU Commission: How can I ensure that goods that I am importing into the EU from the UK benefit from the tariff-free provisions in the draft EU-UK Agreement? Answer by EU Commission: The draft EU-UK Trade and Cooperation Agreement provide for zero tariffs and zero quotas on all trade in goods originating in the EU or the UK, from 1 January 2021. The zero tariff and zero quota provisions apply to all goods that comply with the appropriate rules of origin. If you want the goods that you are importing to benefit from this duty-free treatment, you must make a claim for preferential treatment. The claim has to be based on a statement of origin, made out by the exporter, stating that the product qualifies for preferential treatment. It is up to the exporter to make sure that the conditions are met to issue a statement of origin and that the information provided is correct. EU importers have to keep the statement of origin and provide a copy to the EU customs authority if required. Alternatively, the importer can claim the preferential treatment based on his/her own knowledge, in line with the conditions set out in the draft EU-UK Agreement. (Article ORIG.18). The draft EU-UK Agreement also contains a “non-alteration” provision (Article ORIG.16). This means that the manipulation (e.g. processing) of the goods in another third country must be very strictly limited, if the goods are to qualify for preferential treatment. Small consignments are exempted from the requirement to have a statement of origin. To qualify as a “small consignment”, the total value of the goods must not exceed EUR 500 for products sent in small packages or EUR 1 200 in the case of products within a traveller’s personal luggage. What information must be in the statement of origin of an UK exporter? Do UK exporters need to have an EU Registered Exporter (REX) number? Answer by the EU Commission: The draft EU-UK Agreement sets out the rules for statements on origin (Article ORIG.19) as well as the format for these statements on origin (Annex ORIG-4). A reference number by which the exporter is identified needs to be indicated in the statement on origin. For UK exporters, the number will be assigned according to UK rules, which should establish an identification number for their exporters. The UK will not use the REX system, and plans instead to use EORI registration numbers: please consult the UK national authorities for more information. If a statement of origin cannot be made on time, can it be made retrospectively? Answer by the EU Commission: Yes. EU importers can introduce a retrospective claim for preferential treatment of goods imported from the UK, for up to three years after the date of importation. This also applies for EU exports to the UK. How can I ensure that goods that I am exporting from the EU to the UK are not subject to customs duties in the UK? Answer by the EU Commission: Under the draft EU-UK Agreement, goods of EU origin will benefit from tariff-free, quota-free access to the UK market. To benefit from this preferential treatment, you need to comply with the requirements established in the “Rules of Origin” chapter of the draft EU-UK Agreement. This means that: The product that you are exporting needs to be originating in the EU i.e. the production process has to satisfy a list of requirements. Your product has to be sent directly to the UK i.e. it has to respect the “nonalteration” rule. The importer may require that you provide him with a statement on origin, proving that your product originates in the EU. Your statement on origin should contain the information required under the draft EU-UK Agreement (Annex ORIG-4). This statement should appear on an invoice or on any other document that describes the product well enough for it to be identified. In order to make out a valid statement to export to the UK, you need to be registered in the EU Registered Exporter System (REX). To do this, you need to fill in an application form and return it to your competent national authorities, who will give you a registered exporter number and enter it into the REX system. For small consignments of less than EUR 6000, you do not need to be registered in REX. I am an EU business, exporting goods to the UK. Can I issue a statement of origin if I do not have all the supplier’s declarations for the materials and components used to manufacture the product? Answer by the EU Commission: Under EU customs rules, suppliers should make a supplier’s declaration. This is to ensure that exporters have the necessary information to determine the originating status of goods and, if relevant, make a statement of origin for preferential trade purposes. However, given that suppliers may not be in a position to provide such a declaration before the draft EU-UK Agreement is implemented on 1 January, the Commission has adopted transitory rules that will apply until the end of 2021. These allow an EU exporter to make out a statement on origin based on supplier’s declarations that he receives afterwards. The exporter is still responsible, however, for ensuring that the statement on origin and the information provided is correct. The exporter must also have all the relevant supplier’s declaration by 1 January 2022 at the latest, or else inform the importer that the statement on origin cannot be substantiated. I am an exporter of goods of EU origin. Will the UK’s withdrawal from the EU have any impact on my ability to access preferential treatment for my goods? Answer by the EU Commission: Under the draft EU-UK Trade and Cooperation Agreement, EU and UK traders have to meet rules of origin comparable to those which the EU and the UK have with other trading partners. Since 1 January 2021, traders have to demonstrate the originating status of goods in order for them to benefit from preferential tariff treatment under the draft Agreement. Goods that do not meet the origin requirements contained in the draft Agreement will be liable for customs duties. Self-certification of the origin of the goods will be possible for trade between the EU and the UK, thereby making it easier for the trader to prove the origin of its products. In addition, the EU exporters will benefit from additional flexibility in collecting documentary evidence to prove origin during the first year, to allow their products to benefit from the preferences despite the short timeline between the conclusion and application of the Agreement. EU exporters trading with the EU’s preferential partners other than the UK will also be affected. UK content (both material and processing operations) will become ‘non-originating’ when determining the preferential origin of goods under EU trade preferential arrangements. Therefore, goods produced in the EU with relevant UK content for the acquisition of the origin will not be considered as EU-originating. As such, it will not be able to benefit from the preferential trade arrangements that the EU has with other third countries. EU exports will need to reassess their supply chains if they wish to avoid this happening. To maintain their preferential origin status, goods traded under EU preferential arrangements other than the one with the UK, which transits through the UK, will also have to meet requirements related to direct transport/non-manipulation, which are contained in those EU preferential agreements.

(FREE) Food and drink producers and retailers need to prepare for submitting Export Health Certificate for EU-UK POAO trade from July 2022. On 14 September 2021, the UK has set out a new timetable for introducing full import controls for goods being imported from the EU to the UK. Our part blog series explores everything an EU exporter or GB importer needs to know: Part 1: New timetable and overview in a nutshell Part 2: Frequently Asked Questions about the SPS import controls from 2022 Part 3: Details about the SPS changes What the government said earlier this year: "On 31 December last year, the UK left the EU’s Single Market and Customs Union. This was the biggest change in the UK’s trading relationships for decades. The Government has always been clear that this meant change for business and for citizens, including new processes and requirements. The first phase of such changes came in on 1 January. The Government has put in place the staffing, infrastructure, and IT to deal with the situation. Thanks to the hard work of traders and hauliers, we have not seen anything like the generalised disruption at our ports which many predicted, and supply chains have shown themselves to be robust. However, the Government recognises the scale and significance of the challenges businesses have been facing in adjusting to the new requirements, at the same time as dealing with the impacts of COVID. (in June 2020), we announced a timetable for the phased introduction of controls on imports from the EU into Great Britain, to ensure businesses could prepare in a phased way. This timetable was based on the impacts of the first wave of COVID. We know now that the disruption caused by COVID has lasted longer and has been deeper than we anticipated. Accordingly, the Government has reviewed these timeframes. Although we recognise that many in the border industry and many businesses have been investing time and energy to be ready on time, and indeed we in Government were confident of being ready on time, we have listened to businesses who have made a strong case that they need more time to prepare. In reviewing the timeframes, we have given strong weight to the disruption which has been caused and is still being caused, by COVID, and the need to ensure that the economy can recover fully. In September 2021, they provided a clear revised timetable for the introduction of controls, as follows: Timetable as 1-2-3 The requirements for pre-notification of Sanitary and Phytosanitary (SPS) goods, which were due to be introduced on 1 October 2021, will now be introduced on 1 January 2022. The new requirements for Export Health Certificates, which were due to be introduced on 1 October 2021, will now be introduced on 1 July 2022. Phytosanitary Certificates and physical checks on SPS goods at Border Control Posts, due to be introduced on 1 January 2022, will now be introduced on 1 July 2022. More Details New controls and requirements due to be introduced from 1 October 2021 and 1 January 2022 have now been delayed to 1 January 2022 and 1 July 2022. EU / UK Businesses no longer need to pre-notify or acquire a certified Export Health Certificate (EHC) from 1 October 2021. This means ship suppliers can continue to import animal product consignments from the European Union as you do today until 31 December 2021. When will it happen now? From 1 January 2022, importers (or a representative acting on their behalf) will be required to pre-notify authorities via IPAFFS that their consignment will be entering Great Britain. From 1 July 2022, animal products will need to continue to pre-notify their arrival via IPAFFS. Let us file IPAFFS for you Additionally, these consignments must be accompanied by a certified Export Health Certificate and enter via a point of entry with a Border Control Post (BCP) that has been designated to receive these goods. The consignment will be subject to documentary, ID, and physical checks. No impact on current arrangements These delays do not impact any current arrangements already in place i.e. products under safeguard measures. What shall businesses do? At this stage, it is reasonable for businesses to start thinking about the appropriate and relevant actions they will need to take to be ready for 1 January 2022. Please contact us via the chat function to discuss your requirements or book a free consultation. This is a great time to upskill yourself on how SPS works by booking one of our pieces of training. In addition to the LIVE! training, we offer on-demand training course on SPS: LIVE TRAINING On-Demand Training Study anywhere, anytime, on any device: Importing Food Products from EU into Great Britain On-Going Support for subscribers DOWNLOAD PRESENTATION BY DEFRA OCTOBER 2021 PRESS RELEASE

(S,P) Businesses can use, process or store similar free circulation goods in place of goods that you have declared for a customs special procedure. You can use similar free circulation goods instead of goods imported to a customs special procedure. This is called equivalence. There are different rules depending on whether you store, process or use your goods. You cannot use equivalence to offset exports of free circulation goods, so you can reduce import bills on third-country imports for use on the internal market. When you use equivalence: if you do not re-export your imported goods, it cannot be because your customers have differentiated between your processing and free circulation goods if you’ve applied for authorisation for inward or outward processing as the goods you need are not available in your home country, you cannot use equivalence for locally produced goods You need to tell customs authorities that you’ll use equivalence when you apply for a special procedure authorisation. If you need to use equivalence after the authorities have authorised you, you’ll usually have to apply for an amendment to your authorisation. Before you start The equivalent, free circulation goods you’re using need to have the same: 8-digit Tariff commodity code commercial quality technical characteristics You must also decide whether: you could swap the goods for each other the goods are not noticeably different your customers would accept the difference in goods Goods with different rules For all special procedures Equivalence does not apply where the goods or the equivalent goods have been genetically modified, or contain elements that have undergone genetic modification. Inward and outward processing and customs warehousing Equivalence does not apply between goods that have been produced, prepared and distributed as ‘organic’ under the terms of Council Regulation (EC) No 834/2007 and those that have not. Inward processing When using equivalent goods with inward processing, there are different rules for some goods. Rice: Authorised under tariff heading 10.06. It can only be approved where the length and width ratio of the rice falls within certain parameters. Wheat: Can be authorised between third-country harvested wheat released to free circulation and third-country wheat. Sugar: Equivalence is allowed between raw cane sugar falling within CN code 1701 11 90 and raw beet sugar falling with CN code 1701 12 90 to produce white sugar falling within CN code 1701 99 10. The time limit for importing the replacement goods is limited to the period of validity of the import licence. Live animals and meat products: The use of equivalence for live animals and meat is prohibited. The ban can be lifted in exceptional circumstances — contact the authorities if you consider that such circumstances apply. Milk and milk products: Only permitted on condition the milk dry matter, milk fat matter and milk protein of the equivalent goods is not lower than those in the imported goods. Outward processing You cannot use equivalent goods if you’re processing sensitive goods. When to contact your authorising officer The rules for some goods are complicated, you will need to contact your authorising officer if you want to use equivalent goods with: maize used for animal feed maize used for the production of starch maize for the manufacture of meal olive oil olive-pomace oil How to use equivalent goods Storing equivalent goods together You can store the equivalent goods with those you’ve declared for free circulation, this is known as common stocking. You do not need to be able to tell the difference, and you can use any of these goods to fulfil an order. Your records should show which goods were declared to customs warehousing and which goods are free circulation. If you import goods for process or repair under inward processing, you can export a replacement part that you have already repaired if they meet the criteria for equivalence. You can use common stocking with the special procedures: inward processing customs warehouse authorised use Storing goods in a customs warehouse You can store equivalent goods with any other national or third-country goods. We might ask you to identify the equivalent goods at certain times. If you cannot do this, we’ll calculate the number of equivalent goods by looking at the number, type, status and origin of each type of goods. You cannot use equivalence to offset exports of free circulation goods, so you can reduce import bills on third-country imports for use on the domestic market. Inward processing — prior export equivalence. You can export products made from equivalent goods in free circulation before you import the goods you need for processing or repair. This is known as prior export equivalence. You can use this: to complete an urgent order if you do not have inward processing goods in stock, you can export goods immediately using equivalent goods drawn from your free circulation stock if you estimate your expected exports but find you have underestimated them, you can export free circulation goods to meet your order if you have a low number of exports and do not separate your imports between inward processing and free circulation in advance, you can import all your goods to free circulation before ordering replacements You can then import replacement goods to inward processing and use them as you wish without having to pay duty. You must import your replacement goods within: 3 months for agricultural goods 6 months for all other goods You can also transfer the benefits of prior export equivalence to another person named on your authorisation. Using equivalent goods with temporary admission You can export the following free circulation goods in place of the goods you imported when you’re authorised for temporary admission: pallets spare parts, accessories and equipment for pallets containers spare parts, accessories and equipment for containers Outward processing When using equivalent goods with outward processing, they must be third-country goods that are processed instead of domestic goods. Using the standard exchange system when exporting goods for repair The standard exchange system allows you to import replacements for goods that you have exported for repair. Replacements imported using the standard exchange system must have the same: 8-digit commodity code technical characteristics commercial quality as the goods being exported after they have been repaired. If the goods you send for repair have been in use for some time, the replacement goods must be pre-used. New products cannot be used under the system unless the replacement is supplied free of charge under guarantee or warranty or because of a manufacturing defect. If the supplier cannot provide you with an exact replacement (for example, the model is no longer manufactured), you may import the closest equivalent, even if that means it is an upgraded version. The system cannot be used for common agricultural policy goods. After you’ve used equivalent goods When you’ve used equivalent goods their status may change when they’ve been processed, discharged or have left your customs territory. The records you need to keep will be explained in your special customs procedure authorisation letter. Customs warehousing and temporary admission Your equivalent goods become third-country goods when you release them for discharge, or when they have left your customs territory. Inward processing The equivalent goods and the processed products that are made will usually become third country goods. The goods they’re replacing become domestic goods when they are released for discharge or when they have left your domestic market. If you put goods that have been processed under inward processing up for sale before you have discharged them, their status will typically change from third-country goods to domestic goods. If the equivalent goods are not available when you put your goods up for sale, you can request that the equivalent goods be made available later. You must contact your supervising office to request additional time. If you import replacement goods before you export the domestic goods — known as ‘prior exportation’ — the equivalent goods and the processed products that are made from them become third coutry goods when you export them.

Global trade expert Arne Mielken of Customs Manager explains how to use the new Export Health Certificates from 15 January 2022. UK manufacturers of multi-ingredient food products are bracing themselves for a fresh wave of EU import controls this month. There is concern that the new rules on composite food products, which came into force from 21st April 2021, will result in more laborious paperwork and costly delays at ports. New certificates need to be used since 15 January 2022. Many more products that contain processed meat and dairy ingredients - such as pizzas and lasagnes - may require export health certificates (EHCs) and veterinary checks. So it’s crucial that UK food exporters have a clear understanding of the new requirements to minimise disruption when the new rules take effect in a few days’ time. The requirement for health certificates will no longer be based on the quantities of meat, milk and other products of animal origin in multi-ingredient foods. Instead, it will depend on the animal or public health risk linked to those ingredients and the way they are transported or stored. The 50 per cent threshold for dairy ingredients is being scrapped so all products containing milk, yoghurt, butter and cheese that are not shelf-stable, will require an EHC. So, for example, a ham pizza made with processed meat is not shelf-stable and will need a health certificate stamped by a vet. The same applies to vegetarian pizzas that only contain cheese and which require refrigeration. But if your shelf-stable food product doesn’t contain any processed meat, it is automatically classed as low risk. And if you manufacture certain sweets, chocolate, pasta, bread, cakes, biscuits or soups, for example, then these may be exempt from official inspection at EU border control posts altogether. For the full list of exempted products, see here: Bear in mind, however, that to qualify as exempt, products must be produced in EU factories or located in third countries like the UK that are authorised for importing into Europe. Businesses approved to export to the EU can be found here: https://www.gov.uk/government/publications/businesses-approved-to-export-to-the-eu Knowing whether you need an EHC, selecting the right certificate if you do, and completing and certifying it correctly will be essential if you want to prevent border delays and the risk of food spoiling. You can avoid falling foul of the new EU food rules by following these essential steps: Identify which category your product falls into shelf-stable or non-shelf-stable. Establish what meat or meat products are present in your products. Check if you are exempt from needing an EHC. If you are, remember you need to provide your driver with the necessary evidence and customs declarations to avoid delays. Identify the right EHC for your products. You can find the new and old set of health certificates here: https://www.gov.uk/export-health-certificates?keywords=composite+product Ensure your certificate is completed correctly and properly certified by a vet. Make sure the consignment is registered in the EU Commission’s Trade Control and Expert System (TRACES) before shipment. Ensure the transport operator exporting the goods out of the UK has the complete and correct paperwork. Bear in mind that since April 21st 2021, the EU or Northern Ireland import agent must complete a private attestation for exports of exempt products. Don’t forget that you still need to follow existing export formalities too. So, as well as your export health licence, you must file an accurate customs declaration, issue the correct invoice for international trade, ideally with a statement of origin to claim preferential duty. You’ll also need to include the right packing list alongside your transportation documentation, such as a CIM consignment note. And you may need to provide proof of insurance, too. There’s no escaping the fact that the new rules on composite food products will add extra layers of bureaucracy on food exports to the EU. But having a clear understanding of the new requirements – and what you need to provide - will help you minimise disruption and avoid costly delays. About the author Arne Mielken is a leading global trade expert in the UK and the EU, and founder of the customs and training consultancy Customs Manager Ltd. Arne supports businesses to reach their international customers faster, by cutting costs, red tape and paperwork. He assists and trains companies to de-risk their supply chain and stay compliant, enabling them to grow globally. For more information, visit https://www.customsmanager.org

(FREE) Full customs controls are now in place in Great Britain. Explore what this means for businesses. HMRC reminds businesses that full customs controls between the EU (except Ireland) and Great Britain (GB) are now in effect. See important links to official sources below. Actions to take now if you trade with the UK check that your trading partner in the UK is ready for the changes to rules for importing goods into the UK from the EU check that your haulier, or the person driving your goods, is ready for checks at the border - this haulier handbook sets out what your haulier needs to do. It is important that you agree on the commercial terms and conditions with your haulier, and that they have the correct paperwork in place. Other actions to consider: check if you need to register as a UK established business get set up to make UK Customs Declarations if you need to check if you need to register for VAT in the UK, in order to account for import VAT make sure you provide a supplier declaration with any goods you’re sending to a GB customer who wants to claim the preferential tariff make sure your haulier has a valid Goods Movement Reference if you’re moving goods through border locations that use the Goods Vehicle Movement Service (GVMS) Registration as a UK established business The terms and conditions that you’ve agreed with your customer should include details of who is responsible for making UK customs declarations. If you are responsible, you can choose to either: register as an established business in the UK and set up as an importer by following the simple step-by-step guide, or get a UK established customs expert or agent to make the customs declarations on your behalf - find out how to get us to deal with customs for you. Find out more information on overseas companies registered in the UK. Requirements to make a customs declaration If you’re responsible for making customs declarations, get set up to make UK Customs Declarations if you need to Get an Economic Operators Registration and Identification (EORI) number which starts with GB. You can find out more information on the other steps you need to take to get ready for making customs declarations for importing and exporting on with our guides on Customs Manager Ltd. Check if you need to register for VAT in the UK, in order to account for import VAT This may apply if you are sending goods to consumers in Great Britain or if you are moving goods to Great Britain for your own business. Registration for VAT If you supply goods in consignments valued at £135 or less directly to consumers in Great Britain, you may be required to register for VAT in the UK. Normal customs rules apply when supplying goods in consignments valued above £135 to customers in Great Britain. If you are moving goods for your own business, you should register for VAT in the UK as a non-established taxable person (NETP).   This means that you can account for import VAT (and other duties) yourself on any goods you retain ownership of when they arrive in Great Britain. You will need to follow the normal procedures for accounting for import VAT and may choose to account for the import VAT on your VAT return. If you register your EU business as an NETP then you will need to complete a VAT return.    If your business has an establishment in the UK, you may be entitled to register for VAT as a domestic business rather than an overseas seller or NETP. Guidance on this can be found here: Who should register for VAT (VAT Notice 700/1) If you intend to collect import duties, including import VAT, at the point of sale you will need to follow the Customs rules. Guidance on this can be found here: VAT guide (VAT Notice 700) (Section 5) Paying VAT on imports from outside the UK to Great Britain and from outside the EU to Northern Ireland Notice 143: a guide for international post users And in this guide here: https://www.customsmanager.org/import-value-added-tax-vat Claim preferential tariffs Make sure you provide a supplier declaration with any goods you’re sending to a GB customer who wants to claim the preferential tariff. The UK’s deal with the EU, called the Trade and Cooperation Agreement (TCA), means that the goods you import or export may benefit from a reduced rate of Customs Duty (tariff preference). To use this, you need proof that the goods you: export from the EU originate there import to the EU from the UK originate in the UK By ‘originate’ we mean where goods (or the materials, parts or ingredients used to make them) have been produced or manufactured. It is not where the goods have been shipped or bought from. Your goods will need to meet the product specific rules of origin requirements set out in the TCA. To claim tariff preference you need to have one of the following proofs of origin: a statement on origin – this must be made out by the exporter to confirm that the product originates in the UK or EU the importer’s knowledge – this option allows the importer to claim tariff preference based on their own knowledge of where the goods they’re importing originate from Your UK customers’ supplier declarations might be checked, so please make sure that you’re providing them at the time you send the goods. Find out more about making supplier declarations. If your UK based customer asks you to provide a Statement on Origin, you will need to have evidence that the goods meet the rules of origin. If the goods you export from the EU do not originate there but have been processed there to some extent, the EU processing can count towards Bilateral Cumulation in Great Britain if you provide a Supplier Declaration for Non-Originating goods. Northern Ireland They would also like to remind businesses that the customs arrangements in place throughout 2021 for goods moving from Ireland and Northern Ireland (NI) to GB have been extended for as long as discussions between the UK and EU on the operation of the Northern Ireland Protocol (NIP) are ongoing. 2022 Changes If you move goods into or out of Northern Ireland, we at Customs Manager can guide you through the process. The changes that came into force on 1 January 2022 include: requirement for full customs import declarations for all goods at the time you or your courier/freight forwarder bring them into GB, except if they are non-controlled goods imported from Ireland to GB customs controls at all ports and other border locations. Your goods may be directed to an Inland Border Facility (IBF) for documentary or physical checks if these checks cannot be done at the border requirement for a suppliers’ declaration proving the origin of your goods (either UK or EU) if you’re using the zero tariffs agreed in the UK’s trade deal with the EU changes to commodity codes, which are used to classify your goods for customs declarations. Further information explaining these changes and what they mean for you is available in the expert blog and on our YouTube channel. Important information about completing Customs Import and Export Declarations Since 1 January 2022, goods exported from GB to the EU and goods imported from the EU to GB (with the exception of goods being imported from the island of Ireland) are subject to full customs controls. Importing If you’re importing goods, you need to make sure that you (or your agent) have submitted the correct import declaration. If authorised, you or your agent can choose to use simplified procedures for imports. You can consult our dedicated import guide on www.customsmanager.org and our expert blogs dedicated to importing. We also run Importing Essentials training and dedicated CDS training. Exporting: pre-lodged or arrived If you’re exporting goods, you need to make sure that you (or your agent, like cusotms declaration) have submitted the correct customs export declaration. To avoid delays, check with your haulier what route they are using to move your goods, and whether they need a pre-lodged or arrived export declaration reference from you. We have a dedicated export guide and an export expert blog with lots of articles and useful Tips for successful exporting. Self filing If you complete your own customs declarations, please be aware that we have published more information on how to submit the correct export declaration, including the codes to use if you use CHIEF or CDS. GVMS Make sure your haulier has a valid Goods Movement Reference if you’re moving goods through border locations that use the Goods Vehicle Movement Service (GVMS) If you’re moving goods through border locations that use the Goods Vehicle Movement Service (GVMS) to control goods, your haulier, or you if you’re moving goods yourself, must register in advance for GVMS (this web page is available in 10 European languages) and have a valid Goods Movement Reference to board the vessel. If you don’t, your goods will be delayed. Please make sure your haulier has all the information they need to include in the Goods Movement Reference before your goods are moved. You can check which declaration references should be entered in a Goods Movement Reference on GOV.UK. As of 1 January 2022, if your goods move through a port using the Goods Vehicle Movement Service (GVMS), you need to enter 'RRS01' in box 44 for CHIEF or Data Element 2/2 for the Customs Declaration Service. If you do not, GVMS will not be able to validate it on the submitted Goods Movement Reference (GMR). For more details, please refer to the recently published Customs Information Paper 2. Customs Manager as your customs broker However, if like most traders you use a customs expert like a freight forwarder or customs broker to make your declarations, please check if they are doing this for you. Dover and Eurotunnel If the goods you’re exporting are leaving Great Britain from the border locations of Dover or Eurotunnel, make sure the dual Freight Location Code is used on the export declaration. This will give the haulier moving your goods flexibility for their route and avoid delays. Check the location codes for roll on roll off border locations for use in CDS or CHIEF. EIDR If you’re authorised to make declarations in your own records for goods you’re moving, the haulier moving your goods will need your EORI number to ensure the Goods Movement Reference (GMR) is valid. Please ensure your haulier has this information before your goods are moved. Where you can get help with importing and exporting Check our YouTube channel We have information on YouTube videos on importing and exporting with the EU that you can watch or visit the step by step import, export and transit guides on www.customsmanager.org.

(S,P) The EU has in place the largest trade network in the world, with 45 applied trade agreements covering 77 partner countries. Learn how to tap into free trade. The 4th Annual Report, which covers the period of 1 January-31 December 2019, covers 36 major preferential EU trade agreements which applied for a substantial period in 2019 with 65 different partners. Despite tensions in the global trade arena, the report shows that EU trade agreements continued to facilitate fair and sustainable trade and solidify the framework of international rules. Trade with the 65 preferential partners covered in the report grew by 3.4% in 2019, while the EU's total external trade grew by 2.5% overall. The EU's trade agreements with Canada and Japan have especially boosted trade, by nearly 25% and 6%, respectively, since their entry into force. The EU's trade agreements cover a third of the bloc's external trade with third countries and were worth €1,345 billion in 2019, according to the report. The agreements contributed €113 billion to the EU's overall trade surplus of €197 billion and proved particularly important for European SMEs that trade outside the EU – whose number grew by an average of 6% between 2014 and 2017. In a nutshell, the 2019 report shows: EU agri-food exports to trade partners increased by 8.7% compared to the previous year. Exports of agri-food products to Japan even rose by 16%. EU industrial goods exports grew from +1.9% in 2018 to +3.7% in 2019. The top three categories, including machinery, chemicals and transport equipment, saw growth rates of 1.5%, 6.3% and 5.7%, respectively. EU exports of machinery and pharmaceuticals to Canada saw impressive growth of 15% and 18%, respectively. In addition, the report looks in more detail at the first year of implementation of the EU-Japan Economic Partnership Agreement and shows that the agreement: boosted bilateral trade in goods by 6% across all sectors compared to 2018; particularly favoured EU exports in categories with big tariff cuts, such as textiles, clothing and footwear, which grew by 10% on average, and; supported a 16% surge in EU agri-food exports, which make up 12% of total EU exports to Japan. The report also shows that in 2019, during its second year of entry into force, the EU-Canada agreement (CETA): increased bilateral trade by almost one quarter (24.5%) compared to pre-CETA trade between 2015-2017; helped industrial goods like machinery and pharmaceuticals increase by 15% and 18% over the past year alone, and; moved Canada up from the 9th to the 8th largest market for EU agri-food exports. Increased access to the Canadian market under CETA tariff-free quotas saw the value of EU cheese exports to Canada increase by 15% in 2019, compared to 2018. What is the Commission doing to improve the uptake of EU trade agreements’ preferences? The Commission is strengthening its communication and outreach on new and existing trade agreements, including the development of dedicated guides facilitating the use of tariff preferences. Recent examples include • A Guide on Rules of Origin in CETA9 and a fact sheet on textiles and clothing10 • A Guide on Rules of Orgin in the EU-Vietnam Free Trade Agreement • Guidance on Rules of Origin in der EU-Japan EPA and SME Helpdesk The Commission on 13 October launched its new portal “Access2Markets” (A2M), which provides information on 120 export destinations and sourcing conditions for all non-EU markets. Companies can pull up information on key aspects like tariffs, internal taxes, rules of origin, customs procedures and product requirements, trade barriers and trade flows. ‘A2M’, through its new ‘RosA’ (Rules of Origin Self Assessment) tool, also responds to stakeholder requests for clearer and more comprehensive information on the applicable rules of origin. Companies will be able to assess whether they fulfil rules of origin requirements to benefit from preferential duties. This should help companies, in particular smaller ones, to access key information on how to unlock the preferences and benefit from the agreements. A2M contains a static overview of most EU preferential trade agreements (including their Rule of Origin chapter). The Commission/DG TRADE is also preparing the introduction of a Single entry point (SEP) for stakeholders’ complaints regarding market access barriers in non-EU countries, as well as on the implementation of labour, environment or climate provisions in trade agreements. This new centralised complaints procedure will streamline the Commission’s response to market access barriers and possible breaches of trade and sustainable development commitments. Download Brochure and Key Facts

(S,P) Importing and exporting can be tough - but it's much easier with these import and export flowcharts explains Arne Mielken of Customs Manager Ltd. Flowchart importing into and exporting out of the UK Import from the EU into the UK Guide Export from the UK to the EU Guide Trader Checklist On the Customs Manager Expert Blog you can find, amongst other resources: finding commodity codes for imports into or exports out of the UK check your goods meet the rules of origin detailed guidance on rules of origin for goods moving between the UK and EU how to claim preferential rates of duty between the UK and EU find out how to get proof of origin for your goods check how to move your goods to common or EU transit countries pay less or no duty on goods you store, repair, process or temporarily use check the tariffs on goods imported into the UK find out about the UK’s trade agreements how to pay less import duty and VAT when re-importing goods to the UK

(S,P) To cross the Euro tunnel from France to the UK, there is a prerequisite to declare goods to customs prior to embarkation. Find out about the Border Pass. Watch the video presentation here: Download the presentations: Formalities are to be done for Export and for Import in order to leave France for import into the UK. Formalities are systematic, inspections cover only a few per cent of traffic. The haulier has to ensure that the goods they carry have completed the necessary formalities before crossing. A large part of these formalities will have been done by the shippers or their customs brokers. To cross the border from France to UK - and vice-versa, the following information will be required: Customs references (e.g. Transit MRN barcodes, Goods Movement Reference – GMR…) Mandatory sanitary references (SPS Sanitary or Phytosanitary if applicable) Safety and security references (e.g ENS, ICS, ECS…) For speed and convenience to save time, the Euro tunnel operates the system called "Border Pass" for French border clearance to the UK. According to the companies' requirements, businesses can either send data to Eurotunnel in advance or just turn up with your border references. Alternatively, the driver just turns up at the terminal with the relevant references without sending information in advance. The system has advantages: The driver can simply pick up their loads without the need to have physically their documents. The drivers save time on their terminals as there is no need to scan their documents at the entry of the Euro tunnel. Objective: Increase the speed of the customs data collection on their terminal. Links https://www.eurotunnelfreight.com/uk/about/border-requirements/ https://www.youtube.com/watch?v=2qmngxpJ7_8&t=13s https://www.eurotunnelfreight.com/uk/about/border-requirements/eurotunnel-border-pass/

(S,P) Determining the customs status of goods as Union or non-Union goods is vital to understanding the correct customs treatment when importing or exporting. The concept of Proof of Union Status (PoUS) as well as the different means is a vital concept under the Union Customs Code of the European Union (EU). The possible changes of the customs status of goods and how a business can request a PoUS and which steps an authorised issuer should follow need to be understood, as well as the use of a PoUS. While you are here, you may like LIVE! Training