Brexit Updates (Archive)

Below is an archive of Brexit related news alerts relevant to FIS Members.

To access the full FIS Brexit Toolkit click here

November 2019 – After 31 January 2020 there will be a transition period until the end of 2020, while the UK and EU negotiate a Canada-style free trade agreement. This link provides a list of actions of what you can do now, all transition period information and the opportunity for you to sign up to email alerts about the transition period. 

November 2019– The UK is introducing a points-based immigration system from 2021. The Home Office has created this page which will be updated with the latest information about the new-points based immigration system. You can also sign up for email alerts. New immigration system: what you need to know. 

November 2019- The Department for International Trade have published guidance to help you find out which trade agreements with non-EU countries are in place during and after the transition period. UK trade agreements with non-EU countries. 

November 2019- The Intellectual Property Office has produced information on trademarks, designs, patents, copyright, and exhaustion of IP rights during the transition period. Intellectual property and the transition period. 

November 2019 – Companies House has produced guidance to help you find out whether your business will need to change its company registration from 1 January 2021, and how to do this. Changing your company registration from 1 January 2021. 

Notice to UK Importers (& Distributors who become importers) – 4 October

It is important that current ‘distributors’ within the UK who become ‘importers’ after Brexit realise that this is one of their newly acquired legal obligations to affix their name and address to all construction products brought in from the EU27. This is just one of numerous legal obligations which newly designated importers will have to undertake. Other obligations given in Article 13 of the CPR include:

• Ensure that the system of AVCP is carried out by the manufacturer
• Ensure  that a DoP has been drawn up by the manufacturer
• Ensure the product carries the EU27 CE mark
• Ensure that manufactures are complying with labelling obligations
• If an importer suspects a product is non-compliant with the CPR, it cannot be placed on the market

New Guidance from The Department of Business, Energy and Industrial Strategy (BEIS) (23 September)

SME Leaflet
BEIS have produced a leaflet for SME’s to help them prepare for leaving the EU. Click here to view.

REACH
DEFRA have produced guidance on how to comply with the EU’s REACH chemical regulations when a UK company is using, making , selling or importing chemicals in the EU and how to prepare for a no deal Brexit. This was updated on 19 September 2019 by adding links to the process maps collection. Click here to view.

Trademark law
The Intellectual Property Office (IPO) and BEIS have produced guidance on changes to trademark law in the event of a no deal Brexit. This was updated on 19 September 2019 and can be viewed here.

Conformity assessment bodies
BEIS have produced guidance on how conformity assessment bodies will be affected when the UK leaves the EU. This was updated on 20 September 2019 stating that Notified Bodies will become Approved Bodies and will keep the same 4-digit number as they now have. Click here for information.

HMRC
a) How to export goods into the EU through roll on roll off (RoRo) locations after Brexit – More information in this flyer
b) How to import goods from the EU into the UK through RoRo locations after Brexit – More information in this flyer

Importing and Exporting
HM Revenue & Customs have provided guidance with videos about trading with the EU in a no-deal Brexit: Help and support for traders in a no-deal Brexit.

I also received a specific enquiry from a firm last week, which may be of more general relevance, which relates to the transitional simplified procedures for imports. In addition to registering for (or now being sent an) EORI number, firms that are importing from the EU that wish to make use of transitional simplified procedures will need to register for these. The main benefits to firms of using these procedures are that they enable them to defer duties and the submission of an import declaration, minimising delays in the transport of products.

To register to use these procedures, firms will need:

1) an EORI number;
2) a VAT registration number;
3) their UK business name and address; and
4) the contact details of the relevant person responsible for making the import declaration.

There is full guidance on the .GOV website, which your members can access using this link.

Improved hub for information from Government Departments to support the Construction and Housing Sector (14 May 2019)

A “Primer”, Preparing for EU Exit for Construction and Housing has been published on the GOV.UK website. The aim of this hub is to provide links to more detailed material relevant to individual sectors that can be found elsewhere on GOV.UK. It can be accessed through the following link: .

EU Settlement Scheme

The Home Office has provided updated guidance on ID document scanner locations for EU Nationals seeking to apply for residence in the UK through the EU Settlement Scheme. Details can be accessed through the following link: EU Settlement Scheme ID Document Scanner Locations. The Home Office has also provided updated guidance on current expected processing times for applications to the EU Settlement Scheme. This can be accessed via the following link: EU Settlement Scheme: application processing times

Movement of Goods

The Department for International Trade has recently published guidance explaining changes to the rules on exporting goods and services from the UK if we leave the EU with no deal. A series of country by country guides can be accessed via the following link: Exporting after EU Exit – Country by Country.


24 April 2019

Following the extension to Article 50 up to 31 October 2019, the main points of the official confirmation of the current position regarding the CPR is below:

Main points:

  • The CPR and how construction products are regulated remains in force
  • UK Notified bodies and certificates of conformity issued by them continue to be recognised by the EU
  • Application of CE marking will continue
  • The UK Conformity Assessment mark cannot be use for the time being
  • If the UK leaves the EU before 31 October 2019 then we immediately enter the Implementation Period which ends on 31 December 2020
  • During the Implementation Period, market access will be on current terms  i.e. continued us of CE marking and UK Notified Bodies
  • If the UIK leaves the EU without a deal then the information previously circulated on a no deal guidance comes into effect

On Thursday 11 April the European Union agreed to extend Article 50, delaying the UK’s departure from the European Union until 31 October 2019 at the latest. This means that the UK remains a member of the European Union and the single market, with all of the rights and obligations that this entails.  The EU has also agreed that the extension can be terminated if the Withdrawal Agreement is ratified .

With regards to goods regulated under the Construction Products Regulation, the extension means that the current regulatory regime will continue to apply until 31 October (unless the UK leaves earlier with a deal). As a consequence, UK Notified Bodies and certificates of conformity issued by UK Notified Bodies will continue to be recognised within the European Union. This means that manufacturers who use UK Notified Bodies should continue to apply the CE mark to their products if they wish to place them on the single market. The UK Conformity Assessment Mark should not be used, as it will not be recognised in UK law unless the UK leaves the European Union without a deal.

If the UK does leave the EU with a deal prior to 31 October, it will be because the Withdrawal Agreement has been ratified – this would mean we would then be in an implementation period, during which market access would continue on current terms up until the end of the implementation period (December 2020). This includes continued use of CE Marking and the ability of UK Notified Bodies to assess products for the EU market. Please be aware that, under the terms of the European Withdrawal Act, the extension does not prevent the United Kingdom leaving the European Union without a deal at a future date – if this happens then the information we have set out in no deal guidance (including the introduction of the UKCA marking and conversion of Notified Bodies into Approved Bodies) would still apply.


12 April 2019

An agreement was reached between the UK and the European Council to a further extension to the Article 50 negotiating period. For full details click here.


9 April 2019

Further guidance for importing into Northern Ireland from Ireland, including on import VAT
HMRC has published new guidance for businesses who move goods from Ireland to Northern Ireland were the UK to leave the EU without a deal. Most goods crossing between Ireland and Northern Ireland will not be subject to Customs Duty or require a customs declaration. However, in a no deal scenario, import VAT will become due on goods that move from Ireland to Northern Ireland at the relevant rate. UK businesses will be able to account for import VAT in two different ways, depending if they are VAT registered and non-VAT registered. The VAT procedures for moving goods from Ireland into Northern Ireland are summarised here.  Businesses moving goods into Northern Ireland from any other country, or from Ireland directly to Great Britain, should follow the relevant customs procedures outlined here.

Guidance from EU Member States for UK businesses in the event of a no deal Brexit
If the UK leaves the EU without a deal, customs processes and documentation for importing and exporting goods will change. EU countries may impose different requirements on their side of the border. In practical terms, this means border controls will resume and the free movement of capital, goods, services and people (workers, students and travellers) will cease. Previously, we shared no deal preparations for France, and have now included links to no deal advice for Belgium, Netherlands and Spain. You may want to familiarise yourself with any processes that you may need to comply with if the UK becomes a third country to the EU.

France              Belgium           Netherlands        Spain

 

HMRC and BEIS Webinars: Importing & Exporting in a potential no-deal EU Exit
There are two webinars being run next week, the first covering basic customs procedures on Monday 8 April 10-11am and the second covering customs procedures alongside VAT, goods regulations/CE marked products and general sources of EU Exit information, to be held on Thursday 11 April 11-12pm. Businesses can register to participate in Monday’s webinar here or watch a pre-recorded version here. Businesses can register to participate in Thursday’s webinar here.

Update to REACH Legislation
DEFRA has laid a short amending Statutory Instrument (SI) that will address two specific concerns raised by industry, regarding ensuring continuity of registrations of imported chemicals at the point of no-deal exit.  Since laying the REACH SI on 9 January, a number of stakeholders have raised two technical points regarding the scope of the ‘notification’ transitional provisions for existing UK Downstream Users. In response to industry’s concerns and suggestions, DEFRA has laid an amending SI to clarify that:

  • UK-based Only Representatives (ORs) will be able to make notifications for imports sourced by existing UK Downstream Users (DUs) and distributors. If the notification is completed by an OR within 180 days of the UK leaving the EU, the DU or distributor is exempted from the duty to notify. DUs and distributors sourcing from the EU/EEA are advised to liaise with their suppliers, to ensure that a notification is completed by one or other party within 180 days; and
  • Notification provisions apply to imports from 3rd countries coming to the UK directly, if covered by a registration held by an OR based in another EU/EEA country.

The amending SI and explanatory notes are available here.  The SI will now make its way through the parliamentary processes, with the intention that it will come into force at the point that the UK leaves the EU, supporting continuity for UK-EU supply chains.  Guidance on the HSE website will be updated to reflect these provisions.

Additional guidance on when ‘placing on the market’ is considered to have taken place
Placing Manufactured Goods on the UK Market if there is No Brexit Deal
Placing Manufactured Goods on the EU Internal Market if there is No Brexit Deal

The Home Office has a new contact centre for enquiries on its Settlement Scheme for current EU27 workers in the UK
Please see https://www.gov.uk/contact-ukvi-inside-outside-uk/y/inside-the-uk/eu-settlement-scheme-settled-and-pre-settled-status

Intellectual Property – new information added about the exhaustion of rights
Please see IP and Brexit the Facts


EU Exit Business Readiness Bulletin – Issue 8 (March 2019)

BEIS has released an update to the EU Exit Business Readiness Bulletin. Some of the updates may be a change of date from 29 March to 12 April, however it is working checking to ensure no other changes will affect your company.

Information on issues of Digital and Data from the recent BEIS webinar is available here.


Update from the BEIS Infrastructure and Materials team.  (13th March 2019)

This covers information on the following:

• The UK’s import tariffs in a no-deal scenario;
• Customs arrangements on the Irish border in a no-deal scenario;
• New Prior Informed Consent (PIC) guidance for moving hazardous chemicals;
• Providing Services to EU and EEA countries in a no-deal scenario;
• New HMRC guidance on accounting for import VAT and how to get an EORI number;
• Guidance for UK businesses from French customs authorities;
• Trade remedies;
• Preparing for Brexit Webinars on importing/exporting goods, business legal requirements and intellectual property; and
• Links to updated guidance on the Construction Products Regulation, Intellectual Property and Government procurement.

Further Update from the BEIS Infrastructure and Materials team (March 2019). This covers information on the following:

  • The UK’s import tariffs in a no-deal scenario;
  • Customs arrangements on the Irish border in a no-deal scenario;
  • New Prior Informed Consent (PIC) guidance for moving hazardous chemicals;
  • Providing Services to EU and EEA countries in a no-deal scenario;
  • New HMRC guidance on accounting for import VAT and how to get an EORI number;
  • Guidance for UK businessesfrom French customs authorities;
  • Trade remedies;
  • Preparing for Brexit Webinars on importing/exporting goods, business legal requirements and intellectual property; and
  • Links to updated guidance on the Construction Products Regulation, Intellectual Property and Government procurement.

UK import tariffs in a no-deal scenario – The Government has today published details of the UK’s temporary tariff regime for no deal, designed to minimise costs to business and consumers while protecting vulnerable industries. The regime would be temporary, and the Government would closely monitor the effects of the tariffs on the UK economy. It would apply for up to 12 months, while a full consultation and review on a permanent approach to tariffs is undertaken. Businesses would not pay customs duties on the majority of goods when importing in to the UK if we leave the EU without an agreement. MFN tariffs will remain in place for all products that have a trade remedy in place and are due to be transitioned over in the case of a no deal Exit (58 HS lines). Further detail can be found here and please do email or contact me on the number below if you have any questions on this.

Customs arrangements on the Irish border – In a no-deal scenario, the UK Government would temporarily hold off introducing any checks or controls on almost all goods crossing from Ireland to Northern Ireland, so there will be no need for customs declarations, nor the payment of duty. The exceptions are:

  • Businesses would still need to pay VAT and Excise on Irish goods that come into Northern Ireland and the UK.
  • Small businesses trading across the border and not currently VAT registered would be able to report VAT online periodically without any new processes at the border. This would not involve any infrastructure or checks at the border including in Northern Ireland.
  • New requirements would have to be put in place include hazardous chemicals covered by the PIC regulation (see new guidance immediately below), ozone-depleting gases and f-gases – for each of these, checks will not take place at the border but electronic notifications will be required before bringing goods from Ireland to the UK, including Northern Ireland.

Further information about the changes at the Irish Border is available here.

New Prior Informed Consent (PIC) Guidance – New PIC (Prior Informed Consent) guidance has been issued relating to exports to the EU. If you are intending to export a PIC listed chemical between 30th March and 3rd May, you are advised to contact ukdna@hse.gov.uk to request a UK PIC export notification form. These are similar to the forms that are used under EU PIC. Please include the following in the subject line of your email: ‘UK PIC – 35-day transitional period – notification’.

ECHA has published some similar guidance for EU27 companies intending to export PIC chemicals to the UK after exit: https://echa.europa.eu/-/how-to-notify-pic-exports-to-the-uk-after-uk-s-withdrawal-from-the-eu.

Providing services to EU and EEA countries after EU Exit – If the UK leaves the EU on 29 March 2019 with no deal, UK businesses will no longer operate under European Economic Area (EEA) regulations for the cross-border trade of services.  This means that UK businesses and professionals providing services in the EEA (including all EU Member States, plus Iceland, Liechtenstein and Norway) will be regarded as originating from a ‘third country’, which may result in additional legal, regulatory and administrative barriers. We would encourage you to read the Government’s country-specific guidance for each market you provide services in. The guides contain information and links to help businesses navigate regulations, including cross-border trade in services, establishing or structuring a business, business travel and visa arrangements, recognition of professional qualifications and data protection. All guidance would apply from 29 March in a no-deal scenario. The guides are available here.

Guidance on accounting for import VAT in a no-deal – If you are a VAT-registered business, HMRC has published guidance on how to account for import VAT. The guidance explains how you can pay when you submit your returns rather than as goods cross the border. Businesses or individuals who are not VAT-registered in the UK will not be able to account for import VAT in this way and will need to pay import VAT up front as goods cross the border, with the exception of imports from Ireland across the land border as outlined above.

How to obtain an EORI number – If the UK leaves the EU without a deal, UK businesses looking to import or export goods with the EU will need to apply here for a UK Economic Operator Registration and Identification (EORI) number. This is a twelve-digit number that starts with the prefix GB. If you already have an EU EORI number that starts with a different country prefix, you do not need to register for a UK EORI number yet as HMRC will continue to recognise your EU EORI number for a temporary period. You can contact HMRC’s EORI team on 0300 322 7067 (Monday to Friday, 8am to 6pm).

Guidance from French customs authorities for UK businesses in the event of a no deal Brexit – The French Customs and Excise authority has published customs guidance to help businesses that move goods between the UK and France to prepare for new customs procedures in the event of a no-deal Brexit. In practical terms, this means border controls will resume and the free movement of capital, goods, services and people (workers, students and travellers) will cease. In order to benefit from the automated border crossing from 30 March, you must prepare your customs declarations before checking-in your goods at the ports of Calais, Dunkirk or at the Channel Tunnel. This can be done through UK or French computer systems. The barcode provided by the French authorities following receipt of a customs declaration will allow your goods to cross the border as smoothly as possible.

Trade remedies – The UK now has its own fully-functioning trade remedies system with the establishment on 6 March of the Trade Remedies Investigation Directorate (TRID). TRID will conduct the necessary preparatory work to ensure that the UK is ready from 29 March to commence investigations in to unfair trade practices or injury caused by unforeseen surges of imports. This temporary directorate will administer the UK’s trade remedies functions until the Trade Remedies Authority (TRA) is legally established with the passing of the Trade Bill. Further information can be found here and here. The Government also laid the relevant secondary legislation to enable these developments – the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 and the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019.

Preparing for Brexit Webinars – The British Library is hosting a series of webinars on various topics to help businesses prepare in the event of leaving the EU on Friday 29 March without a deal. If you wish to register to join, please click the link and follow the instructions.


EU Settlement Scheme for EU Nationals

Advice on the scheme for employers and materials that can be shared with employees.

The Scheme, which is currently being piloted, will open for applications on 30 March (we have been advised this will happen regardless of the outcome of any votes in Parliament over the next two weeks). This will be accompanied by a marketing campaign on TV, radio, social media and public transport.


Preparing for Brexit webinars
The Department for Business, Energy and Industrial Strategy (BEIS) is putting on a series of Preparing for Brexit webinars which are designed to help businesses to ready themselves in the event of the UK leaving the EU on Friday 29 March 2019 without a deal.  They will cover many of the most important changes that you should be aware of and actions that you can take now, where appropriate.  Each of them will be an hour long, including Q&A at the end.


Below is listed the latest Brexit information updates released by BEIS:

Moving goods to and from the EU through roll on roll off ports or the Channel Tunnel – Updated 4 February 2019

Importing, exporting and transporting products or goods after Brexit

Moving and declaring excise goods in the event the UK leaves the EU with no deal – Updated 22 February 2019

Numbering system for comparable UK trade marks


EU Exit and Trade update
This week’s update from the BEIS Infrastructure and Materials team covers no-deal immigration arrangements for EEA nationals; simplified import customs procedures; the launch of the UK Mark to replace CE marking; an update on road freight and a reminder on data protection.


Latest GOV.UK Updates and Changes (March 2019)

HMRC Partnership Pack Most sector-specific pages for partners have been replaced with links to user guidance that partners can share with customers, clients and members; and the Communications resources section now includes links to a range of quick video guides, and a set of information leaflets for use by businesses and stakeholders.

Construction Products Regulation if there is no Brexit deal from Ministry of Housing, Communities & Local Government has been updated to include FAQs.

Statutory Instruments relating to EU Exit Links to four new SIs have been included

IP and Brexit: the facts Patent guidance and video under the Statutory legislation section has been added.

Procurement Policy Note 02/19: Preparing for the UK leaving the EU was published on 7 March and provides further information on how the UK’s public procurement regulations will be affected in the event of either an agreed deal with the EU or a no deal exit from the EU.

Building Podcast: Brexit Special
Building Magazine spoke to three leading industry experts to get a better idea of the Brexit issues facing the UK construction industry, featuring Noble Francis, CPA Economics Director; Mark Reynolds, CEO of Mace; and Richard Steer, Chairman of Gleeds, for their views on Brexit’s impact on construction.

If your business uses a chemical, you may need to register that chemical once the UK leaves the EU. To prepare: identify the chemical you use, understand how to register that chemical & prepare for that registration. Visit http://www.hse.gov.uk/brexit/reach.htm

Settled and pre-settled status for EU citizens and their families

The government’s Brexit White Paper

The Department for Exiting the European Union

Theresa May’s Brexit speech, delivered 17 January 2017

Citizens’ Rights – EU citizens in the UK and UK nationals in the EU

EU Exit Business Readiness Online Tool