Trade Rules of Origin (UK Brexit)

The Brexit date is 31st October – the Brexit time is 12.00 (midnight) CET

[I am waiting for the Exit day Statutory Instrument (SI) to be laid to change the Exit day in UK law from tomorrow 12th April – once this is laid future Blog posts will reference the UK Exit day not the international Brexit date]

Yesterday the UK government (Department for International Trade – DIT) issued instructions on Trade Rules of Origin to be used after Brexit – here.

This Blog does not focus on Rules of Origin. [this will likely be the only Blog post on this matter]

The Government instructions set out how to continue to access preferences where the UK has agreed trade continuity arrangements with partner countries, or through the UK’s Generalised Scheme of Preferences (GSP).

Further advice will be published when the UK leaves the EU.

The UK will implement its own independent Generalised Scheme of Preferences (GSP) scheme from day one after Brexit. It will have its own administration arrangements, but will aim to keep much of the existing administration arrangements as the EU.

To ease the transition, the UK will keep the same qualifying operations as the EU’s rules of origin, and will continue to use FORM A as proof of origin.

The UK will not be able to use the EU’s Registered Exporter Scheme (REX).

To help transition goods arriving into the UK, up to 12 months after 12 April 2019 [this date is now 31st October 2019, we are awaiting the Exit day SI – see earlier] HMRC will allow GSP exporters to use the REX statement on origin as proof that goods originate from a GSP country.

That statement on origin must hold the valid REX registration number of the exporter, and dated no later than 12 April 2020 [this date may also change, when the Instructions are updated with the Exit day change].

[the Brexit date may change, please continue to follow this Blog]

Brexit is 31st October 2019 (UK-EU Brexit)

UPDATE : the Exit day is 31st October 2019 (the UK Statutory Instrument has been laid]

Brexit day is 31st October – the Brexit time is 12.00 CET on that day.

At a European Council (Article 50) yesterday, all Parties agreed to extend the Article 50 period to 31st October. Accordingly, the UK will leave the EU at 12.00 CET on 31st October 2019. Withdrawal will take effect on 1st November 2019.

The EU Decision taken in Agreement with the UK is here.

The Exit day Statutory Instrument (SI) will now be laid to change the Exit day in local law. I will update this post with that SI (which will be laid via the negative procedure, without debate in Parliament).

The Statute Book will remain as is. The Brexit Law List will remain separate. The Brexit Law will operate from 1st November 2019. We will continue consolidating the Brexit Law into the UK Statute Book, but this will not show on Cardinal Environment EHS Legislation Registers & Checklists until after 1st November. Please refer to the Brexit Law List for the new rules.

The new rules will apply from 1st November 2019. The dates will be changed in Brexit Notices and Instructions.

Please note : whilst the EU might reissue its EU Brexit Contingency Measures with new dates, it again might not. I posted yesterday with the graphic of the expiry dates of the EU Brexit Contingency Measures.

Re – the (unratified) Withdrawal Agreement (WA) – extension of the Article 50 period does not change the 31st December 2020 date (Transition Period end) in that Agreement.

The date of the new UK Brexit Immigration System (1st January 2021) is also unchanged.

[the Brexit date may change again, please continue to follow this Blog]

Radioactive Waste Shipment (UK Brexit)

The Exit day is 12th April (the day after tomorrow) – the Exit time is 12.00 (midnight) CET

The UK Government today issued updated instructions on radioactive waste shipment – here.

Applications to import from EU countries will need to include evidence confirming that the exporter will take back the material if the shipment cannot be completed in accordance with the regulations.

Operators will need new UK documentation instead of previously used EU documentation.

Operators will now need to notify the relevant competent authority in the UK once exports to the EU are completed.

What operators need to do

1 Comply with current regulations until Exit day. These are set out in the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008.

[subscribers to Cardinal Environment EHS Legislation Registers & Checklists will not necessarily have these regulations loaded – email me if they are needed]

2 Read and understand the new Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019. These will apply from 13th April, or any later Exit day.

[these Regulations are found in the Brexit Law List loaded into Cardinal Environment EHS Legislation Registers & Checklists]

3 Check authorisations. Operators who already have authorisations should check if they are valid by contacting the relevant competent authority.

4 Apply for an authorisation, if needed. Operators without existing authorisation will need to apply to the relevant competent authority using the authorisation of shipments form.

5 Use documentation with each shipment. Appropriate documentation must accompany each shipment. A failure in this area is a criminal offence.

6 Notify the competent authority. Operators must notify the relevant competent authority in the UK of completion of shipments using the notification of arrival form. Failing to notify them will be a criminal offence.

[the Exit day may change, please continue to follow this Blog]

Animals and Animal Products Update (UK Brexit)

The Exit day is 12th April (day after tomorrow) – the Exit time is 12.00 (midnight) CET

(1) The EU has now listed the UK as a ‘third country’. This means the EU has accepted that the UK meets the health requirements for trade with the EU. It ensures that exports of animals and animal products can continue from the UK to the EU if the UK leaves the EU without a deal. This is following a meeting yesterday.

(2) The European Commission has confirmed that the current list of UK animal byproduct-registered or approved premises will be accepted. These premises will continue to be listed with the EU for the purpose of exporting animal byproducts to the EU.

The Department for Environment, Food and Rural Affairs (Defra) is preparing to confirm the list of these establishments with the EU.

(3) Defra is preparing to submit a list of establishments that want to export commodities other than animal byproducts to the EU.

Establishments can provide information and ask to be listed by emailing eulistings@food.gov.uk.

(4) The government will seek to bring into force UK-third country agreements from Exit day, or as soon as possible afterwards. But few are currently in force.

These new agreements will replicate existing EU agreements as far as possible. Where replacement trade agreements are not agreed, trade would take place on World Trade Organisation (WTO) terms with that country. Details of each agreement will be shared with parliament and the public when they have been agreed.

(5) At the moment there is no Border Inspection Post (BIP) in Calais. BIPs are under construction that had the intention of the French authorities to be operational by the end of March.

(6) UK access to TRACES after Exit day is not confirmed.

[the Exit day may change, please continue to follow this Blog]

Further EU Brexit Practical Guidance (EU Brexit)

The Exit day is 12th April (day after tomorrow) – the Exit time is 12.00 (midnight) CET

Ahead of the European Council (Article 50) today, the European Commission has taken stock of the European Union’s intense ‘no-deal’ preparations and has issued practical guidance to Member States in 5 areas:

(1) citizens’ residence and social security entitlements,

(2) data protection,

(3) medicine and medical devices,

(4) police and judicial cooperation in criminal matters, and

(5) fisheries.

The documents and press release are accessed – here.

The European Commission stated aim of today’s guidance is to ensure the smooth practical implementation of EU and national contingency measures, for UK exit on 12 April, or at a later date, and to maintain a coordinated approach throughout any such ‘no-deal’ phase.

In a ‘no-deal’ scenario, the UK will become a third country without any transitional arrangements. All EU primary and secondary law will cease to apply to the UK from that moment onwards. There will be no transition period, as provided for in the Withdrawal Agreement.

Note : the EU Contingency Measures are time-limited (see diagram) and unilateral.

A phone number is supplied. EU citizens can contact Europe Direct for any questions. Call Freephone 00 800 6 7 8 9 10 11 from anywhere in the EU, in any official EU language.

[the Exit day may change, please continue to follow this Blog]

HMRC Brexit Videos for Importers/Exporters (UK Brexit)

The Exit day is 12th April (the day after tomorrow) – the exit time is 12.00 CET

HMRC has updated its Brexit promotional materials with a 10-steps video for Importers, and a 10-steps video for Exporters. There are also leaflets.

Here

[the Exit day may change, please keep following this Blog]

Plants and Plant Products Import from UK (Ireland Brexit)

Exit day is 12th April (this Friday) – exit time is 12.00 CET (midnight)

Following the UK’s departure from the EU, the UK will become a third country.

The Irish Department of Agriculture, Food and the Marine (DAFM) will play a key role in implementing and enforcing EU law in this instance. This will include performing the necessary checks and controls and processing the necessary authorisations and licences when importing from the UK.

DAFM is now giving greater priority to preparations for the UK being a Third Country. I posted yesterday about its instructions for traders dealing with the UK for animal products.

DAFM is now calling for all traders involved in the import and export of plants and plant products with the UK (timber, potted plants in retail outlets etc) to register with the DAFM as soon as possible.

Instructions are here.

Applicants are required to complete forms and return these forms to the Horticulture & Plant Health Division of the DAFM.

On completion of the registration process, an importer will be notified of their unique Plant-Health Registration Number (PHR No.). This unique Plant Health Number will be required to be referenced by an importer in all applications for importation of plants and plant products.

The above Instructions link gives access to a number of different instructions and a useful Q&A – for example –

Q: I am working for a retail multiple and we import a number of consignments of plants per week into Ireland from the UK.  Do I need to get a phytosanitary certificate from each of my suppliers of plants in the UK?, or will one phytosanitary certificate cover the entire consignment?

A: It is the NPPO (National Plant Protection Organisation) of UK who issue phytosanitary certificates for consignments of plants and plant products for export to countries outside their jurisdiction.  Consignments of plants and plant products travelling from third countries are typically accompanied by one phytosanitary certificate that covers the entire consignment.  However, it is up to the UK authorities to decide how many phytosanitary certificates they issue.  Please note that in situations where we receive multiple phytosanitary certificates for a consignment, that it will result in processing delays.

Q: Do I have customs obligations when importing plants and plant products from the UK? If so, where do I find out what I need to do?

A: Yes, when importing plants and plant products from the UK you will have certain obligations to fulfil from a customs perspective.  Please click here for more details.

Q: I am a non-commercial importer and I wish to bring cut flowers home from a third country (non-EU) what do I need to do?

A: There are many thousands of species of cut flowers, some are regulated others are not, so it’s not possible to tell you until we know the specific details.  Please submit your query via email to plantandpests@agriculture.gov.ie

[the exit day may change, please keep following this Blog]