ADS Brexit Bulletin – 1 March 2021

Last week we held a webinar to inform members on maintaining trade in goods under the UK-EU TCAs. Joined by three government departments, the session provided a high-level update of the current state of play at the UK border with a review of the last few weeks as well as a reminder of the new customs processes and Rules of Origin Requirements.

The Border Protocol and Delivery Group, which sits within the Cabinet Office, provided members with some helpful insights on issues currently being reported and  challenges hauliers were facing that have been causing delays. For example, issues on transit documentation and securing a negative COVID test before heading to port of departure.

HMRC reminded attendees of the phased implementation of new customs requirements on imports coming from the EU to GB, with July being the time frame for most businesses and goods being subject to full import declarations.

Lastly, the Department of Business, Energy and Industrial Strategy gave a presentation on Rules of Origin, including examples and how they may be used in order to access preferential tariffs in the TCA. The BEIS team have made the slide deck available, which goes through the required steps to comply with Rules of Origin:

1. Classify your good
2. Understand whether your good meets the applicable rule of origin
3. Understand how to demonstrate origin to the customs authorities

Alternatively, businesses may choose to use a customs agent to help with Rules of Origin, and it is always sensible to seek advice from customs agents or qualified personnel on the best routes for your business to take.

The Q&A from this session will be made available on the ADS members area once we have followed up with relevant government departments to the questions.

The supplementary declarations element of the Trader Support Service (TSS) is now operational and therefore companies are starting to accrue duty on goods defined as ‘at risk’ of moving into the EU. 

ADS is aware that this is a major problem for members importing materials into Northern Ireland for processing, and then moving back to Great Britain or non-EU countries. HMRC has previously confirmed it is working on a reimbursement mechanism that companies will be able to use where they can demonstrate the good never entered the EU. 

ADS continues to work with Government on finding a more satisfactory solution to these issues.

The UK CAA continues to work with EASA to finalise the Technical Implementing Procedures (TIP) to support the airworthiness annex. 

A draft has been shared and changes are being made. While we have no firm timeline around the process, this is a top priority for ADS and we will keep you updated on progress and developments.

Trends continue to move in the right direction at the UK with the volume of traffic flow steadily increasingly. The number of Kent access permits being issued remains above the level of trucks seen, as hauliers continue to prepare for entry into Kent. The percentage of turnbacks seen remains low and stable at around 2%. Similarly, the number of hauliers securing their negative COVID tests before arriving at pre-departure points is helping to ease congestion for tests in Kent.

The EU Commission has published its draft decisions on its data adequacy assessment for the UK. Once these decisions have been formally adopted, they will be valid for a first period of four years and personal data can continue to flow freely between the UK and EU.

For more information, check out our blog.