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.

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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.

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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

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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

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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.]

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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.

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DFDS Ferry Customer Checklists (UK Brexit)

Exit day is 12th April (this Friday)

The DFDS Brexit Checklists are here.

What is DFDS? – DFDS is a ferry operator.

This Blog does not do company endorsements. The DFDS Brexit Checklists are useful.

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