Customs Transit Procedures (Brexit UK)

The Customs Transit Procedures (EU Exit) Regulations 2018 (SI 1258) are enacted. These will come into force when separately determined by Treasury Regulations (not enacted yet, these separate Treasury regulations will be made under the (Brexit) Taxation (Cross-border) Trade Act 2018. The Regulations are here.

These Regulations make provision for the international movements of goods, with import duty suspended, under the internationally recognised common transit procedure and TIR Carnet system, with provision for such movements within the United Kingdom. They also provide for such movements of goods under arrangements for NATO forces.

When enacted, they will ensure that these customs procedures operate as before once the United Kingdom exits the European Union.

Draft Notices to be made under these Regulations are here.

Detailed following of the new Customs arrangements is beyond the scope of this Blog. HMRC continue to publish guidance and instructions. Please follow HMRC for these.

Food and Feed Technical Notices (Brexit UK)

On 19th October 2018, the Food Standards Agency issued a Brexit Technical Notice on importing high-risk food and animal feed. This notice is not in the central collection, it is here.

On 4th December 2018, the Department of Health & Social Care issued a Brexit Technical Notice on food and feed safety risk assessment and management. This notice is not in the central collection. It is here.

(1) Immediately after EU exit, food safety authorities (the FSA and Food Standards Scotland (FSS)) will be responsible for providing risk management advice and recommendations for food and feed safety to ministers. Health ministers will then take the final decisions (involving other ministers as appropriate) based on the recommendation. This advice will be published.

(2) Responsibility for taking certain technical and routine food safety risk management decisions could be delegated to food safety authorities at a point after EU exit. This would be subject to consultation.

(3) If the UK leaves the EU in March 2019 with no deal in place, it is anticipated the UK would no longer have access to the EU import notification system, TRACES. This means importers to the UK from the rest of the world will no longer be able to use TRACES to notify the UK about those goods. To ensure those importing high-risk food and feed could continue to do so, a new import notification system is being developed to take the place of TRACES. More information on the new system will be published in the autumn.

(4) Anyone currently using the TRACES system to pre-notify the UK about high-risk food and feed product imports from the rest of the world will need to start using the UK’s new import notification system, ahead of March 2019.

Brexit Bill Tracker (UK)

The current state of Brexit Bills (Dec 5th 2018) is in the Institute for Government diagram depicted.

– Fisheries bill entered Committee stage yesterday

– Trade bill still missing in action in the Lords

– First bill *only* needed for no deal exit

– No sign of the Immigration bill (or white paper)

IF the UK Government loses the 11th December vote, the No Deal exit emergency legislation and instructions are published. I will post a new post then.