by Iain McIlwee | 16 Nov, 2020 | Main News Feed
New guidance has been published on declarations required if you bring or receive goods into Great Britain or Northern Ireland after 31st December 2020.
Bringing goods into Great Britain
From Northern Ireland
For most goods no declarations will need to be made. Guidance on this will be published at a later date.
Check if you need to make a declaration when the goods leave Northern Ireland.
From the EU
Check if the goods are controlled.
For controlled goods a declaration will need to be made when the goods arrive.
If the goods are not controlled find out the rules for declaring goods brought in from the EU from 1 January 2021.
From outside the EU
For all goods:
- an entry summary (safety and security) declaration must be submitted before the goods arrive
- a declaration will need to be made when the goods arrive
Bringing goods into Northern Ireland
From Great Britain
For all goods:
- an entry summary (safety and security) declaration must be submitted before the goods arrive
- a declaration will need to be made when the goods arrive
From the EU
Declarations are not needed for any goods.
From outside the EU
For all goods:
- an entry summary (safety and security) declaration must be submitted before the goods arrive
- a declaration will need to be made when the goods arrive
Moving goods through Great Britain and Northern Ireland
Common Transit may affect the declarations that need to be made.
Tariffs on goods
Guidance about any tariffs on goods moving between the UK and EU will be published at a later date.
This advice is taken from the Government website Brexit Transition
FIS is trying to consolidate and prioritise information via the FIS Brexit Hub. To access the FIS Brexit Hub click here.
by Clair Mooney | 16 Nov, 2020 | Main News Feed
In an open letter to the construction sector, The RT Hon Alok Sharma MP, Secretary of State for Business, Energy & Industrial Strategy has paid tribute to the efforts of the construction sector in supporting the UK economy in difficult times. The full text from the letter is displayed below:
To everyone working in the construction sector
On 31 October, the Prime Minister announced further measures in England to curb the spread of Coronavirus. From 5 November, people may only leave home for specific reasons, including for work, if you cannot work from home. The Prime Minister explained that workplaces should stay open where people cannot work from home, for example in the construction or manufacturing sectors.
The construction sector, which is a key part of our economy, remains open. Where it is essential to travel to your place of work to do your job, you should continue to do so. Building merchants and hardware stores will be able to stay open to support this as normal or through click-and-collect services.
The Government continues to update our safe working guidance. Updated guidance for England for working from your place of work from 5 November is available on https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19
During this difficult Autumn, I want to pay tribute to you and express my admiration for all the work you are doing. Whether working on large or small construction sites, in peoples’ homes across the country, in builders’ merchants, designing and project managing schemes or producing construction and mineral products, you are making an invaluable contribution in supporting the economy.
Since the outset of the pandemic in March, you have performed a vital role. In the past six months we have seen the industry build the Nightingale Hospitals, accelerate the delivery of infrastructure projects, support vital public services and help the country adapt buildings to become Covid-Secure. Whilst doing this, the industry has itself had to innovate and adapt, changing the way it operates on sites, finding more efficient ways of delivering projects, and collaborating effectively throughout the supply chain.
My Department and I are in regular contact with industry leaders about the risks, issues and challenges you face.
Thank you again to everyone operating in the UK construction sector. You are making a hugely valued and critical contribution to our country.
Yours sincerely,
THE RT HON ALOK SHARMA MP
Secretary of State for Business, Energy & Industrial Strategy
You can download a copy of the letter here – https://www.gov.uk/government/publications/coronavirus-covid-19-letter-to-the-construction-sector-november-2020
by Iain McIlwee | 13 Nov, 2020 | Main News Feed
The latest phase of the Grenfell inquiry has seen the material supply and specification process under close scrutiny. The suppliers faced claims of “clever marketing” being used to exploit confusion within the regulatory framework and mask product shortcomings to mislead specifications
The three main companies in focus were Arconic, which made the cladding panels, and Celotex and Kingspan, which made the insulation used.
A particularly concerning revelation raised was that Kingspan’s have now confirmed that tests, carried out in 2005, and again in 2014, were “not representative of the K15 product that had been sold”. Kingspan have been heavily criticised through the Inquiry and subsequently through the National Media that, despite requests through the Inquiry made in 2019 to withdraw the test certification for the K15 product used in Grenfell, the company have only formally informed fire engineers in recent weeks that its test certification for the K15 product used at Grenfell should be withdrawn.
Arconic were also accused of having manipulated testing. In this case the accusation was that they had tested a riveted panel, rather than the cassette panel used on Grenfell – to gain a higher ‘class B’ fire rating than the ‘class E’ the cassette was rated. Internal emails from Celotex disclosed to the Inquiry also appeared to confirm that the product should not be used behind most cladding panels because it would burn.
Fingers of blame through the Inquiry and statements saw the manufacturers turning on one another with the intense competition between Kingspan and Celotex being used to drive the sales teams. The product manager for Celotex was tasked to lead a rebrand and development of a Celotex insulation product range that would enable the firm to compete against Kingspan in the market for high-rise buildings was a 23 year old Business Studies Graduate. Concerns were levelled at individuals about whether they understood the scope of the product with the Sales Manager at Celotex admitting at the time he did not realise that he did not appreciate “at the time” that the greater depth of insulation required for the Grenfell project moved outside the scope of the Celotex test evidence.
As a result of these findings, the Inquiry has been asked to give consideration to whether an urgent recommendation should be made to the government before the end of the inquiry’s second phase to review the premise of its building safety programme.
Full transcripts of the Grenfell Inquiry Hearings are available here.
The excellent BBC Sounds Summaries of the Grenfell Inquiry are available here.
Details of the FIS PPP (Product Process People) Quality Framework are available here
by Clair Mooney | 13 Nov, 2020 | Main News Feed
From 1 January 2021, a new Find a Tender Service (FTS) will be used to post public procurement notices published by UK contracting authorities, which have previously appeared on the European Tenders Electronic Daily (TED) portal. Contracts Finder will still be available for certain notices, and companies registered with Contracts Finder will automatically be transferred to the new service when it goes live.
To find out more, there is a helpful 30‐minute CLC webinar where Crown Commercial Service demonstrates how the new FTS will work.
by Clair Mooney | 13 Nov, 2020 | Main News Feed
FIS is delighted to announce that 16 new product ranges have been verified through the FIS Acoustic Verification Scheme. The Scheme was established in 2019 to introduce standard methodology and support honest and consistent declaration of acoustic performance, encouraging best practice and preventing inaccurate or misleading information from undermining the market and responsible manufacturers in the Partitions and Operable Wall Sector.
On achieving accreditation for their partitions Director of iWall Ltd, Adrian Law stated “iWall is pleased to be part of the FIS Acoustic Verification Scheme as it creates a standard within the industry helping us to deliver what our customers expect from us. It gives our clients confidence that the product they select from our range has been thoroughly tested and the data produced is accurate”.
Sales Manager, Alex Stewart at Acoustic Wall Systems Limited (who have verified 5 operable wall systems through the scheme) commented “The Movable Wall Industry has long been tainted with false misleading data when it comes to Acoustics, we therefore did not hesitate to participate in the FIS Acoustic Verification Scheme that champions integrity within the office fit out industry. Acoustics are an essential criteria when considering a movable wall system, we are therefore proud to be part of the FIS verification scheme that provides a database that customers and specifies can use with confidence’’
The FIS Acoustic Verification Process
The process for verification to the FIS Acoustic Verification Scheme Standard is as follows:
- All data is supplied using an agreed FIS data sheet
- Test report and certificate and covering information must be supplied in English and be translated by the original test house.
- Traceable evidence on the independence of the test facility must be supplied
- Photographs of the test if available must be supplied
- Drawings of the installation of the test sample must be supplied
- The independent verification will be carried out by Cundall Johnston and Partners LLP
- All companies must be full members of the FIS
You can download our FIS Datasheet here. Full details of the technical requirements are available in the FIS Acoustic Verification Scheme Manual, available on request via info@thefis.org
by Iain McIlwee | 13 Nov, 2020 | Main News Feed
Urgent update for members using European Technical assessments
FIS is working with colleagues from across the sector, via the Construction Leadership Council (CLC) Product Standards and Regulatory Alignment Group, to formulate a clear position on matters pertaining to Brexit. One area we have been discussing and has raised a particular concern has been CE marking using European Technical Assessments (ETA’s), specifically how they can be applied to products sold in the European Union when we exit the EU on January 1 2021.
Contrary to what the European Organisation for Technical Assessment (EOTA) has been stating for some time, the European Commission has ‘decreed’ that ETAs originating from UK TABs will not be valid in the EU after 31/12/20. These ETAs are to be removed from the EOTA website on 1/1/21. This means, as it currently stands, manufacturers using Technical Assessment Bodies (TAB’s) in the UK will no longer be able to CE mark products when placing them on the market in the European Union and Northern Ireland from January 1 2021.
EOTA is raising their concerns about this approach with the Commission and at the same time the issue has been raised in the UK with the Department of Business Energy and Industrial Strategy (BEIS). At this stage it is unlikely that we will get a clear response or any movement until there is clarity on the details of any deal with the EU .
It is important to note that in the reverse scenario there is a transitional year agreed i.e. manufacturers using TAB’s based in the European Union will be able to continue CE marking products and selling these into the UK, but will have to use a UK TAB in order to apply a UKCA mark by the end of December 2021.
If you are currently CE marking products based on an ETA, it is advised that you contact the TAB that you are currently working with to check that they are aware and have a process in place for supporting you in transitioning Assessments to an appropriate authority, if necessary.
We are still trying to understand if this will have an impact if you are currently placing your product on the UK market using a CE Mark.
HMRC urges traders to act now to prepare for 1 January 2021
With 53 days to go until the end of the transition period, HMRC has written to VAT-registered traders who trade with the EU, to encourage them to act now in order to avoid business disruption. The Border Operating Model and tax rules will come into effect at the end of the transition period regardless of whether or not a Free Trade Agreement is negotiated.
To continue trading with Europe from 1 January 2021, businesses should take some key actions:
- Appoint a specialist to deal with import and export declarations. This is important regardless of the amount or value of trade your business does with Europe. Most businesses use a third party such as a freight forwarder or fast parcel operator to deal with this, and do not do their customs declarations themselves.
- Check to see if you will be able to delay your declarations or duty payments.
- Register for the free-to-use Trader Support Service if you plan on moving goods into Northern Ireland from 1 January 2021.
- For more help and advice on preparing for the end of the transition period, please visit www.gov.uk/transition
Selling goods into the EU (including Ireland) post Brexit
From 16th July 2021 UK manufacturers will need to appoint an authorised representative base in the EU or EEA if selling products without using an importer or a fulfilment service provider e.g. if you sell online and ship directly to the end user.
This information is set out in Regulation (EU) 2019/1020 on market surveillance and compliance of products which amends the CPR and Regulation (EC) No 765/2008. Article 4(1) of Regulation (EU) 2019/1020 states that products subject to the legislation referred to in Article 4(5) can only be placed on the market if there is a person established within the Union who is responsible for the regulatory compliance tasks set out in Article 4(3).
Article 4(2) of the Regulation requires the authorised representative must have their name, registered trade name or trademark and contact details indicated on the product or its packaging, the parcel or accompanying documentation.
Below is an extract of Article 4 from Regulation (EU) 2019/1020. A copy of the full Regulation can be viewed here.
CHAPTER II
TASKS OF ECONOMIC OPERATORS
Article 4
Tasks of economic operators regarding products subject to certain Union harmonisation legislation
Notwithstanding any obligations set out in applicable Union harmonisation legislation, a product subject to legislation referred to in paragraph 5 may be placed on the market only if there is an economic operator established in the Union who is responsible for the tasks set out in paragraph 3 in respect of that product.
For the purposes of this Article, the economic operator referred to in paragraph 1 means any of the following:
(a) a manufacturer established in the Union;
(b) an importer, where the manufacturer is not established in the Union;
(c) an authorised representative who has a written mandate from the manufacturer designating the authorised representative to perform the tasks set out in paragraph 3 on the manufacturer’s behalf;
(d) a fulfilment service provider established in the Union with respect to the products it handles, where no other economic operator as mentioned in points (a), (b) and (c) is established in the Union.
Without prejudice to any obligations of economic operators under the applicable Union harmonisation legislation, the economic operator referred to in paragraph 1 shall perform the following tasks:
(a) if the Union harmonisation legislation applicable to the product provides for an EU declaration of conformity or declaration of performance and technical documentation, verifying that the EU declaration of conformity or declaration of performance and technical documentation have been drawn up, keeping the declaration of conformity or declaration of performance at the disposal of market surveillance authorities for the period required by that legislation and ensuring that the technical documentation can be made available to those authorities upon request;
(b) further to a reasoned request from a market surveillance authority, providing that authority with all information and documentation necessary to demonstrate the conformity of the product in a language which can be easily understood by that authority;
(c) when having reason to believe that a product in question presents a risk, informing the market surveillance authorities thereof;
(d) cooperating with the market surveillance authorities, including following a reasoned request making sure that the immediate, necessary, corrective action is taken to remedy any case of non-compliance with the requirements set out in Union harmonisation legislation applicable to the product in question, or, if that is not possible, to mitigate the risks presented by that product, when required to do so by the market surveillance authorities or on its own initiative, where the economic operator referred to in paragraph 1 considers or has reason to believe that the product in question presents a risk.
Without prejudice to the respective obligations of economic operators under the applicable Union harmonisation legislation, the name, registered trade name or registered trade mark, and contact details, including the postal address, of the economic operator referred to in paragraph 1 shall be indicated on the product or on its packaging, the parcel or an accompanying document.
This Article only applies in relation to products that are subject to Regulations (EU) No 305/2011 (34), (EU) 2016/425 (35)and (EU) 2016/426 (36) of the European Parliament and of the Council, and Directives 2000/14/EC (37), 2006/42/EC (38), 2009/48/EC (39), 2009/125/EC (40), 2011/65/EU (41), 2013/29/EU (42), 2013/53/EU (43), 2014/29/EU (44), 2014/30/EU (45), 2014/31/EU (46), 2014/32/EU (47), 2014/34/EU (48), 2014/35/EU (49), 2014/53/EU (50) and 2014/68/EU (51) of the European Parliament and of the Council.
Visit the FIS Brexit Toolkit for latest updates and guidance