Food Safety (Ireland Brexit)

Exit day is 31st October

(a separate post will notify if/when this date changes, and it is unlikely a future exit day will be later than 31st January 2020)

The Food Safety Authority of Ireland (FSAI) has a Brexit section online (last reviewed 6th August 2019) that presents relevant information for persons who trade with the UK (this includes Northern Ireland) as part of a food business.

There is a huge amount of information on this online site.

A Q&A document consolidates much of it – here (dated 2 April 2019)

A key component is the Border Inspection Posts (BIPs). As the reader is aware, there is an International Land Border between Ireland and Northern Ireland (a part of the UK). This is known as the Irish Border.

The Irish Government is working with the EU to establish additional BIPs to serve trade across the Irish Border. The location of these additional BIPs is not yet announced, other than statements made by the Irish Government that they will be located away from the actual Irish Border physical position.

The BIPs at Dublin and Shannon (page 9 of the Q&A) are already set up.

Getting Ireland Brexit Ready (Ireland Brexit)

Exit day is 31st October

(a different date may be agreed between the UK and the EU, but this Exit date is unlikely to be later than 31st January 2020)

Yesterday, 4th September, the Government of Ireland has issued an important Practical Steps document – here.

Please examine this document carefully.

Customs Training (IRL Brexit)

Exit day is 31st October.

The Irish Government, in partnership with industry, launches today a new initiative to support Irish businesses trading with and through the UK.

Further information is here.

And LEO Sligo has “Customs Export & Import Procedures Workshops” Date 10th September 2019. Time 09:00 – 17:00. Sign up is here.

Brexit Readiness (Ireland)

UPDATE (10th July) – Northern Ireland Department for the Economy Trade and Investment Data under No Deal is here

Exit day is 31st October (114 days)

Today, Ireland’s Tánaiste and Minister for Foreign Affairs Simon Coveney is due to bring three Brexit memos to Cabinet, including a revised contingency action plan which will be published later in the day. (I will update this post online to link the document). The July updated Plan is here.

NEW: Goods exported from the UK to Ireland will be subject “to a minimum 24 hour notification period” hitting business reliance on roll-on-roll off ferry trade [this was expected]

The contingency plan, circa 100-pages long, is an update of the plan published last December, and then updated in January, before the first Brexit exit day of March 29th. (I posted about this plan at the time). The December plan (with its January update) is accessed here.

Per the Irish Times writing on the subject – It will cover preparations in about 20 areas, including aviation, road haulage, retail, tourism and medicines.

There will also be a memo describing preparations at ports and airports. In the January update preparations had not been fully advanced, a greater amount of detail, can be expected in this July update. We still await details of the measures for the land border with the UK, but these are expected only after October 31st.

Per the Irish Times writing on the subject – According to sources familiar with its content, the memo will approve the permanent structures at airports and ports, including Dublin and Rosslare Europort.

The third memo will outline communications plans required to inform businesses and the public about the implications of a no-deal Brexit.

[if the Ports and Communications memos are published, I will update this post online]

A campaign to prompt holders of UK driving licences to apply for Irish licences is already under way. In addition, information was made available and carried in newspapers on the island of Ireland prior to March to prompt drivers with UK car insurance to obtain Green Cards. This information (licences and insurance) is also set out, but not the subject of a state information campaign, on the UK side, and motor insurance companies have written to customers on the UK side.

The starting point for traders on both sides is EORI registration. EORI registration on the UK aside is still lagging.

The International Road Haulage (Permits) issue on the UK side was eased with the EU’s announcement of the temporary waiver, but this runs out at end of December, and would need to be extended.

The UK issued in March, its proposal for temporary customs arrangements for goods entering Northern Ireland from Ireland – here.

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]

Animal Products Import from the UK (Ireland Brexit)

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

UPDATE (10th April) : 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.

The Irish Department of Agriculture, Food and the Marine has published its Information Note on Animal Products Import (from the UK) – here.

It’s part of the DAFM series of Brexit Related Trader Notices and Information Notes – here.

The DAFM Animal Product Information Note repeats – when the United Kingdom (UK) will leave the European Union (EU), it will become a Third Country (i.e. a non EU member State).

Given that the UK will exit the Single Market on that date, there will be a requirement for EU Member States (including Ireland) to apply sanitary and phytosanitary (SPS) checks on all imports of animal products from the UK into the EU.

It continues – my comments in [ ]

This will mean that the importation of animal products from the UK into Ireland will have to meet certain requirements, including:

(1) The UK will have to be listed by the European Commission as a country approved to export the relevant products of animal origin to the EU.

[Presently, it is not. Third Country listing is expected to be granted by 12th April. – see UPDATE]

(2) The UK will have to be listed as having a residue plan approved in accordance with EU legislation.

(3) The establishment in the UK from where the animal product is dispatched must be listed as an EU approved establishment for that category of animal product in the EU’s TRACES system.

[The UK access to this is not confirmed after Exit. The status of EU approval of individual establishments is not published. Queries should be addressed to UK DEFRA.]

(4) Each consignment of animal products must be accompanied by an original health certificate, drawn up in conformity with the model under EU law for the particular product, completed and signed on behalf of the competent authorities of the UK.

[The status of health certification is not published, Queries should be addressed to UK DEFRA.]

(5) The consignment may only enter Ireland through an approved Border Inspection Post (BIP).

[Current Ireland BIPs are at Dublin Airport, Dublin Port and Shannon – here.]

[So far there is no indication where the BIP checks will be made for trade across the Irish Border (from Northern Ireland to Ireland).]

(6) At least 24 hours before the physical arrival of the consignment in Ireland, the person responsible for the load must complete Part 1 of the Common Veterinary Entry Document (CVED) in the EU TRAde Control and Expert System (TRACES).

[Note, UK access to TRACES is not confirmed.]

(7) The consignment must be presented to the BIP where it will be subjected to official controls. These official controls will include documentary checks and identity checks, and may include physical checks, including the taking of samples for laboratory testing.

(8) In addition, a declaration to Customs must be made of the intention to bring a consignment of products/animals into Ireland. The consignment must be declared to Customs using the Single Administrative Document (SAD) before the official controls at the BIP can be completed.

(9) Upon satisfactory completion of the required checks, the decision is entered in Part 2 of the CVED which must accompany the consignment to the first place of destination referred to in the CVED.

[In addition, animal products imported from the UK into Ireland will face tariffs.]

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

CE Mark (Ireland Brexit)

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

On 13th April, the UK will be a third country and UK Notified Bodies will lose their status as EU Notified Bodies. These “Notified Bodies” assess the conformity of products before they can be placed on the EU market. Once approved by the Notified Body, the CE Mark can be affixed to them.

At present, there are 1,500 Notified Bodies (NBs) in the EU, 174 operating in the UK including 50 NBs for Construction.

9 NBs are in Ireland, 3 of which are the NSAI (National Standards Authority of Ireland).  The NSAI is a Notified Body for Construction Products, Medical Devices and Non-Automatic Weighing Scales.

Irish products which currently rely on a UK Notified Body for CE marking will no longer be able to be placed on the EU market.

Irish companies with products certified by UK Notified Bodies will also not be able to continue to export these to the UK, despite the fact that the UK government issued guidance earlier in the year stating that the CE Mark would continue to be recognised for an unspecified period of time until the mark is replaced by a proposed new UKCA mark.

This is because the UK bodies which issued those CE Marks will no longer be authorised to do so by the EU. The certification would need to be transferred to an EU Notified Body.

Companies must also be mindful of the Declaration of Conformity, which is a legal document that must accompany all CE Marked products sold in the European Union and other countries which recognise the mark.

After Exit day, “distributers” of UK products in Ireland will become “importers” or, they may become authorised representatives, or they may even be treated as a manufacturer if they are marketing the products under their own brand. These roles all entail further legal obligations.

Where a product is being sourced from the UK or another country and no longer carries a CE Mark, other steps will need to be taken. The certification will need to be transferred from the UK Notified Body to an EU27 Notified Body or a new CE Mark applied for.

Further information is here.

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