The BCC’s guide to the UK leaving the EU
Based on feedback from our members, we are aware that there is a significant amount of uncertainty regarding the UK leaving the EU in terms of how businesses will be affected. This site, which we have prepared in conjunction with our partners, will reflect the Brexit developments and provide you with the most up-to-date and relevant information.
If you require any further information or need assistance, feel free to contact us.
Partners of the project:
The new requirements for Export Health Certificates, which were due to be introduced on 1 October 2021, will now be introduced on 1 July 2022.
The Government has decided to delay further some elements of the new controls, especially those relating to Sanitary and Phytosanitary goods. Accordingly:
- The requirement for pre-notification of agri-food imports will be introduced on 1 January 2022 as opposed to 1 October 2021.
- The new requirements for Export Health Certificates, which were due to be introduced on 1 October 2021, will now be introduced on 1 July 2022.
- Phytosanitary Certificates and physical checks on SPS goods at Border Control Posts, due to be introduced on 1 January 2022, will now be introduced on 1 July 2022.
- The requirement for Safety and Security declarations on imports will be introduced as of 1 July 2022 as opposed to 1 January 2022.
The timetable for the removal of the current easements in relation to full customs controls and the introduction of customs checks remains unchanged from the planned 1 January 2022.
The Border Operating Model: A guide to how the border with the European Union will work after the transition period
Doing business with Europe has changed. The UK has left the Single Market and Customs Union and new rules now apply.
Traders and hauliers must take the steps outlined in the Border Operating Model which has been updated to reflect the revised timetable for the introduction of the next stage of UK import requirements, as well as including additional detail on policies and processes.
Case studies have been created to represent end-to-end scenarios that will happen between GB and EU, importing and exporting goods from January 2021. These show not just the journeys for standard goods, but also for journeys with additional requirements such as those using the Common Transit Convention or transporting controlled goods. This should still be used in conjunction with the Border Operating Model which will contain further details, particularly for controlled goods. We have also produced some new step by step explainers to support traders and hauliers with specific parts of UK custom requirements
In order to maintain the UK’s high biosecurity and food safety standards, all non-EU Products of Animal Origin (POAO) for human consumption exported to Great Britain are required to arrive at a point of entry with a with a designated Border Control Post (BCP) for that commodity. This includes POAO goods that have moved in transit across the EU, as Defra will not recognise EU BCP checks on those consignments.
This will apply to consignments dispatched on or after 8 April. Consignments that have left the point of origin prior to this date can continue to arrive at any point of entry in to GB, provided they have been subject to checks at their first point of entry to the EU and can provide evidence of clearance. You can find a BCP that is designated for your commodity here. Please ensure that the importer has informed the relevant BCP of the arrival of these goods using the IPAFFS pre-notification system.
Any consignments that have undergone full animal and public health checks and have been cleared for circulation on the EU market, will continue to follow the phasing of import controls. More detail on the phasing of SPS controls for EU imports can be found here.
British Government focuses on recovery from Covid with new timeline for border control processes on import of goods
The government has listened to businesses who have faced an unprecedented challenge during the pandemic and will now introduce full border control processes on 1 January 2022, six months later than originally planned.
- Government putting COVID recovery first with new time scale for implementing border controls.
- Full processes for some imports will not be required until January 2022.
- Overall freight volumes between the UK and the EU have been back to their normal levels since the start of February.
On 11th February 2021 the British Government has announced a £20 million SME Brexit Support Fund to support small and medium sized businesses (SMEs) adjust to new customs, rules of origin, and VAT rules when trading with the EU.
- Traders will be able to apply for a grant of up to £2,000 to pay for practical support for importing and exporting;
- Fund will help businesses to prepare for the implementation of import controls which come into force from April and July.
On 24 December 2020, the UK and EU negotiators reached an “agreement in principle” on the text of a new trade and cooperation agreement to govern their relations now that the UK has left the EU. The provisional application of this agreement went live on 1 January 2021 following the ratification of this agreement by both the EU and UK.
Following months of protracted negotiations and coming four and a half years after the UK voted to leave the EU, 24 December 2020 saw the EU and UK finally agree the shape of their future relationship.
The government urges business leaders to step up preparations for Australia-style arrangements from 1 January and launches ‘time is running out’ campaign.
- Government to urge business leaders to step up preparations for an Australia-style exit
- ‘Time is running out’ campaign will encourage businesses to ‘act now’ for guaranteed changes at the end of the year
- EU Exit Operations (XO) Cabinet committee moves to daily rhythm
The Department for Business has created a number of additional materials to support the preparedness of businesses for the end of the transition period including:
- A bulletin on latest developments (for business representative organisations only)
- A regular forum for updates. Email to attend (for business representative organisations only)
- Revamped website and the Checker tool for personalised actions.
- Webinars for businesses in various sectors: Check, Change, Go – Prepare your business for the end of the transition period
The United Kingdom left the European Union on 31 January 2020. In accordance with the Withdrawal Agreement, it is now officially a third country to the EU and hence no longer participates in EU decision-making. The EU and the UK have, however, jointly agreed on a transition period, which will last until 31 December 2020.
During the transition period:
- Nothing changes for citizens, consumers, businesses, investors, students and researchers in both the EU and the United Kingdom; and
- EU law continues to apply in the United Kingdom.
There is no impact on customs or taxation during the transition period.
The British Chambers of Commerce has published a critical update of its Brexit guidance dashboard containing 26 key questions that remain unanswered with just 98 days to go until the end of the Brexit transition period.
The leading business group published the document alongside new research which suggests business preparation for the coming changes is low due to the unprecedented challenges facing them.
With the Brexit transition period approaching its end, our Director of Trade Facilitation Liam Smyth explained to BBC News that firms must secure their new customs arrangements now to avoid damaging disruption in January 2021. He also highlighted the unanswered questions on how firms move their goods, services, people and data that government must address before the end of the transition period.
With the end of the transition period approaching, which will mean new rules at the UK-EU border from January 2021, the British government, after considering the needs of industry, has published a Border Operating Model outlining the processes of goods switching between the UK and the EU, including description of the gradual three-phase introduction of border controls. More than £ 700 million has been set aside for the operation of the border from the British side, which will be used mainly for border infrastructure, technology and staffing.
In an effort to help companies prepare for the new operation after the end of the transition period, instructions for the import and export of goods are published, including instructions for customs declarations, EORI numbers and taxation.
From 1 January 2021, the UK will apply a UK-specific tariff to imported goods. This UK Global Tariff (UKGT) will replace the EU’s Common External Tariff, which applies until 31 December 2020. The government ran a consultation to inform development of the UKGT. Read the summary of public responses and government response for full details.
As an EU Member State, however, where a deal met EU merger control thresholds the CMA – in most cases – lost its jurisdiction to apply the UK merger control rules. The same was true where the European Commission (EC) investigated potentially anti-competitive conduct which impacted trade between EU Member States.
To inform the development of the UK Global Tariff, the Government has launched a four-week public consultation on the UK Global Tariff policy, beginning on 6 February 2020 and closing on 5 March 2020. The Government encourages everyone with an interest to take part and provide their views.
This is the first time in almost fifty years that the UK will be free to set its tariff rates on all imported goods. This consultation represents a unique and historic opportunity for every business, every person and every civil society group, in every part of the UK, to have their say.
The government is working to boost economic activity across the UK, ensuring that towns, cities and regions across the country can begin to benefit from the opportunities of leaving the EU. As part of this work, the government aims to create up to 10 Freeports in locations across the UK.
The government wants to establish Freeports, which have different customs rules than the rest of the country, that are innovative hubs, boost global trade, attract inward investment and increase productivity. In doing so, the government wants Freeports to generate employment opportunities to the benefit of some of our most deprived communities around the UK.
Brexit Podcast: The Brexit transition period – Business as usual for mainstream debt capital issuance for now
Unlike our previous Brexit podcast which focused on points relevant to a no-deal exit, this podcast covers the impact of the UK leaving the EU on 31 January with a deal and a transition period.
Paving the way to the UK’s departure from the EU – an overview of the key provisions of the European Union (Withdrawal Agreement) Bill
Following the Conservative Party’s victory in the UK’s general election in December 2019, the immediate priority for both the UK and the EU27 in relation to Brexit is now the approval, ratification and implementation of the deal agreed at a political level between the European Commission and the UK in October 2019 on the terms of the UK’s departure from the EU (the Withdrawal Agreement).
As the UK processes the result of December’s general election and the political drama that entailed, we reflect on what it means for financial institutions’ Brexit plans. The clear message of the UK’s new government is that the UK will leave the EU on the 31 January 2020.
CFOs are intensifying their focus on cost control, with 58% saying it is a strong priority for the next 12 months, according to Deloitte’s latest CFO Survey. This is the highest level for ten years. Almost two-thirds of CFOs (65%) say their business faces high or very high levels of external financial and economic uncertainty, with just 7% saying now is a good time to take risk onto their balance sheets.
The current political landscape means that uncertainty as to the nature of the UK’s withdrawal from the EU continues. It remains a possibility that the UK will leave the EU on 31 October 2019 without a deal – a so-called “no-deal Brexit”. A no-deal Brexit will mean that the UK will not be a Member State of the EU and that Union law will not be applicable in the UK.
The divorce battle between the United Kingdom and the European Union is in
full swing and the result is still unclear. Several possibilities exist as to the timeframe and the ultimate setup of the relations between the United Kingdom and the EU.
At the end of July we published a paper looking at the options available to Members of the UK Parliament (MPs) should they seek to prevent a no-deal Brexit on 31 October 2019. We discussed the scope for Parliamentary motions, amendments to existing legislation, the passing of new legislation and the “nuclear option” of a vote of no confidence (VONC).
The Roll-on Roll-off (RoRo) environment is key to UK-EU trade. Locations that support RoRo freight movements carry their own unique challenges including short crossing times, the onsite capacity required for physical intervention, and volume of freight flowing through the ports or tunnel. We will continue to work with business to help you meet compliance requirements, and there will be a number of easements in place for RoRo movements for the period following EU Exit, in order to give business more time to prepare for changes to EU-UK trade.
A reflection on the current state of play regarding how EEA firms can provide financial services into the UK post-Brexit
On 11 April 2019, politicians kicked the possibility of a cliff edge Brexit into the (relatively) long grass but with UK politics still deeply divided, a leadership contest for the next prime minister underway and the Irish backstop still unresolved, it is unlikely that clarity on the Brexit saga will be forthcoming any time before 31 October 2019.
Brexit – English law and courts: Update on the UK’s ratification of the Hague Convention on Choice of Court Agreements
The Hague Convention is an international convention which requires Contracting State courts (including all EU Member State courts) to respect exclusive jurisdiction clauses in favour of other Contracting State courts and to enforce related judgments. The UK is currently party to the Hague Convention in its capacity as an EU Member State.
In the event of the UK leaving the EU with or without a deal, how are IP rights affected and what should clients do to ensure there is no loss of protection.
Almost half of small and mid-sized companies from the Czech Republic have a plan ready for the next steps to be taken in connection with the departure of the UK from the European Union. Already, 28% of these companies have experienced a decrease in orders or revenues as a result of the volatile situation and circumstances surrounding Brexit. Indirect influence, for example, in the form of extra administrative costs or adjustments made to contractual terms and conditions, has been recorded by four out of ten companies. These results came from a recent survey conducted by the British Chamber of Commerce and Bibby Financial Services amongst companies doing business with the UK.
The program focuses on the areas of VAT, toll and logistics, corporate taxes, access to the job market, legal connections and the impact on the contract agenda.
The event already took place in past but you can learn about the content from attached file
More than two months after the EU Commission and the UK Government announced that they had reached political agreement as to the terms of the UK’s withdrawal from the EU, the question of whether the UK will leave the EU pursuant to a withdrawal agreement or otherwise is more uncertain than ever before.
Deloitte: What impact will Brexit have on your company? Are you ready for “no deal”? The “D” day is nigh!
On 7 February 2019 Deloitte discussed possible outcomes of different Brexit scenarios for businesses, including practical examples. Their experts looked at legal business challenges, tax impact, customs consequences and more.
The seminar already took place in past but you can learn about the content HERE.
If Parliament votes down the deal, a number of scenarios could arise. Whilst not inevitable, one of these scenarios is that the UK will leave the EU on 29 March 2019 without a deal – a so-called “hard Brexit”. A hard Brexit will mean that the UK will not be a Member State of the EU and that Union law will not be applicable in the UK.