Brexit Bulletin - 5 January 2021
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Happy New Year.
The transition period has now ended and the UK and EU are embarking on their future relationship.
On Christmas Eve, the UK Government and EU Commission finally reached an agreement on this new relationship which has since been ratified by the UK Parliament and EU member states. This means that the provisions of the agreement are now in force.
ADS welcomed the deal and continues to work with Government to seek further information on our sector’s priority areas. Please get in touch with ADS to provide feedback on your experiences and any issues you may be facing as a result of the new arrangements by emailing brexitreporting@adsgroup.org.uk.
In this bulletin we outline what the agreement means for your organisations and what actions you need to take to avoid disruption to business. This will be the focus of our first webinar this year, as we move to managing Brexit on 14 January, 2-3pm, and you can register here.
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The UK-EU Trade and Cooperation Agreement sets out the conditions for future trade and areas of mutual interest. This includes the following:
- There will be no tariffs or quotas applied to qualifying goods. This includes goods which meet rules on local content, with some being exempt from rules of origin requirements. Aerospace products are tariff-free.
- There will be mutual recognition of Trusted Trader Schemes. However, customs declarations and other administrative processes will be required for exports and imports. This includes goods from Great Britain moving into the EU and Northern Ireland.
- The UK’s new chemical regulator will not have access to EU REACH data, meaning duplication of information is envisaged. All UK businesses which have existing EU REACH registrations will need to transfer these to ensure continued access to the EU market.
- The EU has yet to decide whether it will determine that UK data protection meets EU standards. In the meantime, a temporary arrangement has been agreed allowing data to continue being transferred from 1 January 2021.
- The UK can continue to participate in some EU funded programmes, enabling access to Horizon Europe, Copernicus and the EU’s Satellite Surveillance and Tracking (SST) services.
- A new framework for law enforcement and judicial cooperation in criminal and civil law matters. This includes continued cooperation between law enforcement and judicial authorities and the sharing of criminal data and Passenger Name Record data. Foreign policy, external security and defence cooperation is not covered by the agreement.
- Visa-free, short-term business trips will be permitted for specific purposes, including attending meetings, seminars, trade fairs and purchasing goods. Short term business visits will be limited to 90 days in any 180-day period.
For more information on the agreement, view the ADS briefing: UK EU Trade and Cooperation Agreement - available in the ADS members area.
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A framework for cooperation on aviation safety has been agreed which will help facilitate mutual recognition of aviation safety certificates and licenses. The UK and EU will now work to develop the technical implementing procedures (TIP) that will support the airworthiness annexe.
The main points from the agreement include:
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The CAA and EASA will now work to develop the TIP which will set out the boundaries of what will automatically be accepted, and the validation processes for design certification.
View our ADS Briefing: UK-EU aviation safety agreement Jan 2021 available in the ADS members area.
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Report your Brexit experiences
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As businesses navigate the new relationship between the UK and EU, there may be issues and new experiences facing members and we are keen to hear from you.
Email us at: brexitreporting@adsgroup.org.uk to let us know about your:
- Ease or challenges related to moving goods from GB to EU from 1 January 2021
- Experiences with Customs Agents
- Experiences with new customs systems
- Ease or challenges related to moving goods in and out of NI from 1 January 2021
- Any concerns with regards to regulation or certification of your goods and products
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Pre-departure testing for hauliers bound for France
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As it is currently mandatory for those entering France to produce a negative Covid-19 test from the last 72 hours. The Department for Transport and the Department of Health and Social Care are working together to help hauliers heading for France secure a pre-departure test.
The DFT recently wrote to haulage companies to make them aware of the offer of pre-departure Covid-19 testing facilities across the UK for hauliers bound for France.
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From 1 January the Kent Resilience Forum have implemented arrangements for a ‘fast-track’ for HGV drivers arriving in Kent with a negative Covid-19 test within the previous 72 hours alongside proof of compliance with the new requirements in order to obtain a Kent Access Permit.
The Government are ready to support businesses wishing to set up their own testing facilitates and are providing lateral flow testing kits for free to support this. More information on where private testing providers are available can be found on gov.uk.
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Update on data adequacy assessment process
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The UK has agreed with the EU a time limited ‘bridging mechanism’ which will allow personal data to continue to flow as it does now for up to six months, whilst EU adequacy decisions for the UK are considered.
During this bridging mechanism, businesses and other organisations should consider putting in place alternative transfer mechanisms to safeguard against any interruption to the free flow of EU to UK personal data.
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New processes for goods crossing the border, as set out in the Border Operating Model, came into effect at 11pm on 31 December 2021. At this time, all the required systems and infrastructure were online and operating as envisaged and that there have been no incidents of note in the first hours of operating the new border arrangements.
The first few days of 2021 would have been relatively quieter than usual in terms of traffic flow due to the Christmas break. However, If there are any issues you are facing, please do let us know via brexitreporting@adsgroup.org.uk so we can make the Government’s border delivery groups aware. If you are experiencing urgent issues and need to contact HMRC, there are a number of helplines set up to support business, details below:
- HMRC Customs & International Trade: Helpline - 0300 322 9434. Opening hours here.
- HMRC VAT / Imports and Exports: General Enquiries - 0300 200 3700. Opening hours here.
- Driver and Vehicle Standards Agency (DVSA):
- Vehicle operator licensing enquiries - 0300 123 9000. Opening hours here. - International Road Haulage Permits - 0330 678 1117. Opening hours here.
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Current situation in neighbouring EU Member States including IT systems changes:
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- France - SI Brexit is fully operational since midnight (CET) 31 Dec 2020, with no problems identified.
- Spain - all IT systems are working well and all necessary changes had been made in time.
- The Netherlands - Portbase working well and IT changes made in time. Useful link for help and advice: https://nh.douane.nl/en/
- Belgium - Paper Less Douane Accises (PLDA) system is updated and no problems have so far been identified. RX Seaport is also working well for the Port of Zeebrugge.
- Ireland - Customs RoRo Service and Automated Import Service (AIS) are both working and updated.
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Thursday 14 January | 14:00 - 15:00
Following the end of the transition period and the start of the UK's new relationship with the European Union, we will examine what this means for ADS members, issues that have been reported and any practical steps that you need to take to adapt to the new environment. This will include aviation safety, exporting, importing and chemicals regulation.
BOOK NOW
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