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New GB Customs Regulations from 1st of January 2022 – 21st December, 2021
The UK’s grace period for customs will come to an end on the 31st December 2021, except for the island of Ireland, for which a temporary extension of existing arrangements will exist until further notice. For the rest of the EU, from 1st January 2022, EU based companies will have to fully comply to the UK’s customs regime. Full customs declarations and controls will be introduced, but safety and security declarations will not be required until July 2022. It is important that you are ready to submit customs declarations and pay duty. You can also choose to appoint an intermediary such as a customs agent to deal with these issues on your behalf.
1. Rules of Origin
The reduced rate of customs duty agreed on in the Trade and Cooperation Agreement (TCA) is conditional on products originating from the EU or UK. This means that goods need to meet specific rules of origin requirements set out in the agreement. In 2021, businesses have been able to provide their supplier declarations after exporting their good, to allow them more time to fill in the paperwork. However, from 1st of January 2022 businesses must have these declarations at the time that the goods are exported, so it is important to have all relevant documentation in order, before the goods leave the EU.
2. Border Controls
From January 2022, ports will be required to undertake full border checks, and unless goods have a valid declaration and have received customs clearance, they will not be released for circulation. Additionally, goods for which documentary and physical checks cannot be conducted at the border, may be directed to an Inland Border Facility where these checks can take place. If the correct processes are not followed from 1st January 2022, the new systems will not permit goods to leave the country and they will be turned away as they will not have export clearance.
It is also important to ensure that if you are using a courier service or freight forwarding company, that you check their terms and conditions to know who is responsible for the declarations, and what may still be required from you.
3. Goods and Vehicle Movement Service (GVMS)
Currently, only hauliers who are moving goods under the Common Transit Convention need to be registered for the GVMS. However, from January 2022, any haulier that is moving goods from the EU into Great Britain, will need to register for the GVMS to move their goods through customs at any port.
Please find below some useful resources that can help you adapt to the new changes:
EU VAT Rules for E-Commerce: What’s Changing on 1st July?
On 1st July 2021, the European Union (EU) will change its cross-border value added tax (VAT) rules for e-commerce. These changes will impact business-to-consumer (B2C) e-commerce sellers and online marketplaces, including any shipments made to the EU and between EU member states.
Individual sellers and marketplaces will be immediately affected by these changes. Distance sellers throughout the EU or distance sellers which trade with the EU should re-consider their VAT obligations before 1 July.
- The distance selling thresholds for the sale of goods have been removed. An EU-wide threshold of 10,000 EUR has been set.
- New One Stop Shop (OSS) to extend the Mini One Stop Shop (MOSS).
- Low-value consignment relief from import VAT no longer applies. All consignments entering the EU from 3rd party countries are now subject to import VAT. Import-One-Stop-Shop (IOSS) introduced to facilitate this.
- Online marketplaces are considered the seller for collecting and reporting VAT for goods sold.
- New record-keeping requirements for transactions made by online marketplaces supplying of goods and services.
- Special arrangements for imported goods valued less than €150 not using IOSS.
UK Government delays introduction of UK border controls on EU goods entering the UK
Import declarations are still required.
The option to defer import declarations has also been extended until 1 January 2022, meaning importers of EU goods can continue to submit supplementary declarations up to six months after import.
UK IMPORTERS SHOULD:
- Register online for the IPAFFS (Import of Products, Animals, Food and Feed System) in order to submit a pre-import notification to UK authorities.
- Factor in additional time and costs associated with the implementation of new import requirements, if you import SPS goods, i.e supermarkets and food companies sourcing ingredients from Europe.
EU EXPORTERS SHOULD:
- Contact any UK importers, customs agents or hauliers involved in your supply chain, to ensure the correct customs and regulatory formalities will be completed.
- Apply for the correct Health Certificate(s) from the local competent authority in your EU country of origin. The UK importer of your goods, will need this to submit their pre-import notification.
EU-UK AGREEMENT SUMMARY
- The UK is no longer a member of the EU’s Customs Union and the Single Market.
- A hard customs and regulatory border exists between the UK and EU.
- No taxes (tariffs) will be imposed on goods between the UK and EU, provided the goods comply with the rules of origin requirements.
- No restricted amount of trade (quotas) will be imposed on goods between the UK and EU.
- New regulatory checks will occur at the borders, including rules of origin.
- New checks will be in place for UK agri-food products, including health certificate checks and sanitary and phyto-sanitary controls at borders.
- New customs procedures and paperwork must be completed by businesses, causing potential delays at factories, ports or the temporary suspension of shipping between the EU and UK.
- The TCA did not amend the UK government’s VAT changes on 1 January 2021.
- The UK has left the EU’s VAT zone.
- VAT will now be collected at the point of sale instead of at the point of importation.
- Non-UK retailers who are sending goods with a sale value of less than €150 (£135) must:
- Register for UK VAT with HMRC
- Collect UK VAT from the consumer
- File VAT returns
- Send VAT to HMRC
- The EU are also implementing their own VAT system in July 2021 – where non-EU sellers must register once for the whole EU market.
- The UK no longer has access to EU security databases, aside from specific investigations into organised crime and terrorism.
- DNA, fingerprint data and passenger details will still be shared.
- The UK is no longer apart of the EU’s law enforcement agency.
- The UK is no longer a member of Europol or Eurojust.
- The UK and EU aim to maintain cross-border data flows.
- Data adequacy is not covered in the agreement.
- The EU are still to confirm whether the UK’s data protection regime is adequate.
- The UK and EU will allow cross-border data flows after 1st January 2021 for four-months to reach an adequacy agreement.
- The UK will continue to comply with EU data protection standards with regards to EU citizens.
- Rules on storing and processing data remain undetermined.
- Visas: UK nationals traveling to the EU for more than 90 days (within a 180-day period) will need a visa.
- Passports: At least six months of validity left on your passport before travel is required.
- Business Travel: A business trip which involves attending meetings or conferences, does not require a visa. You will need a visa if:
- Your work stay is longer than 90 days (within a 180-day period) or,
- You’re conducting an ‘intra-corporate transfer or,
- You’re self employed and providing services in an EU member state, or
- You’re providing services in an EU member state, where your employer has no local presence.
- Pets: EU pet passports are no longer valid.
- European Health Insurance Cards (EHIC) are valid until they expire.
- Roaming: UK mobile phone operators can now charge roaming rates.
- Streaming Services: The UK has left the Digital Single Market, complicating the cross border viewing of online content (i.e on Netflix) for UK accounts in the EU.
- Driving Licenses: UK driving licenses will be recognised in most EU member states. UK vehicles in the UK require a green card and a GB sticker. You need an International Driving Permit if:
- You have a paper driving licence or,
- A licence that was issued in Gibraltar, Guernsey, Jersey or the Isle of Man.
- Recognition of Professional Qualifications: Architects, lawyers, medical professionals, engineers, vets etc will no longer have mutual recognition of their qualifications in the EU.
- Professionals must have their qualification recognized in the EU member state they intend to work in.
- Short business trips, temporary secondments of highly-skilled workers will have special rights to work in the EU.
- Few references to financial services are made in the Trade and Cooperation Agreement.
- An equivalence decision has not yet been established. Unilateral equivalence would give UK financial service providers access to the EU’s single market. Without equivalence providers must seek permissions from each individual EU member state.
- Talks on an equivalence decision will continue, with the end of March as a deadline to establish structured regulatory cooperation on financial services.
- Central Counterparties (CCPs) and Central Securities Depositories (CDSs) – are temporary equivalence decisions allowing EU firms to continue accessing UK infrastructure in the absence of sufficiently developed EU alternatives.
- The Derivatives Trading Obligations (DTO) and Share Trading Obligation (STO) (both MiFID) are yet to be issued equivalence decisions from the EU.
- The UK announced on the DTO to provide 3 months of temporary and limited relief for firms, subject to conflicting EU/UK DTO requirements.
EUROPEAN COURT OF JUSTICE
- The UK is now able to set its own standards i.e environmental and labour law standards, where the European Court of Justice and EU law will have no role in the UK.
- Tariffs may occur if any EU or UK businesses are at an unfair advantage.
- Dispute Settlement: Any disputes between the EU and UK will be solved by the World Trade Organisation or arbitration tribunals from independent legal or trade specialists .
- The treaty will be monitored by the UK and EU in a “Partnership Council”.
Get the latest insights from a variety of UK and EU sources:
The following news is provided to help keep you aware of the latest updates for doing business between the United Kingdom and European Union. We do not necessarily validate or endorse any statements made in these news articles.
- BBC Brexit Portal: Free news summaries of the latest news coming out of the Brexit negotiations
- Financial Times
- Reuters Brexit: News summaries of the Brexit talks on both sides of the negotiations
- Bloomberg Brexit: A more in-depth, financially based look at the current Brexit talks
- Logistics UK: A hub for all of the latest news and advice
- Brussels Times: Belgian news source with information on EU affairs
- Euractiv: Latest news from a European perspective
- Euronews: Latest news from a European perspective
The information provided on these pages does not constitute legal advice and is subject to change in line with government rules and laws. While BritCham will endeavour to keep the information on these pages as current as possible, we advise you to seek expert independent legal advice an any matters relevant to your situation