From 1st January, new import rules come into effect, with potential for significant delay, disruption and cost for importers and exporters.
From 1st of January new import rules on EU goods entering Great Britain come into effect, with the potential for significant delay, disruption and cost for importers and exporters.
Guidance issued by HM Revenue and Customs confirms that the changes that came into force on 1 January 2022 for imports from the EU (except Ireland) to Great Britain include:
HMRC has also published information for exporters which outlines the technical processes for exporting goods from GB to the European Union from 1 January 2022.
A key message is that GB exporters need to ensure they identify the port through which their goods will leave GB – as the process to be followed will vary port-by-port.
Processes will vary depending on:
HMRC has helpfully provided a list of ports using the Goods Vehicle Movement Service.
HMRC confirms that further changes will be introduced from July 2022, which will include:
Certification and physical checks will be introduced for products of animal origin, animal by-products, plants and plant products in phases from July 2022.
This will mean that for some products three separate checks will be needed;
Products affected are animal products, including meat, milk, eggs and honey, which must include a “Products of Animal Origin” certificate. Similarly, fruits, vegetables and flowers – and anything else plant-based – must also have a certificate of origin.
In July 2021 Marks and Spencer stated that it had been forced to employ 14 full-time vets, "simply ticking boxes and filling out forms", in order to certify its products for export to Northern Ireland where these requirements already apply.
HMRC has advised that checks on imported goods will be carried out at designated Border Control Posts (BCPs) or Control Points, potentially leading to far longer delays.
Not all GB ports have BCPs, and so for goods moving through Dover, Eurotunnel or Holyhead, the declarant will need to tell their haulier to present the goods at the nearest inland border facility.
For goods moving through Liverpool, Heysham, Milford Haven/Pembroke or Fishguard, the declarant will need to tell their haulier to present the goods at the port’s designated customs checking facility.
HMRC have recommended that exporters work with their haulier to understand what paperwork may be needed ahead of any physical inspection.
It is unclear how strictly the new border checks will be applied, with some commentators reporting a slow ramp up, but others suggesting that from January 1 HMRC will no longer be taking a relatively light touch approach to the enforcement of penalties for incorrect documentation.
Philip Rycroft, who was permanent secretary at the Department for Exiting the European Union (DExEU) between 2017 and 2019, has been widely quoted as suggesting many British businesses may decide it “is simply not worth the hassle” and “give up importing” as a result of the new rules.
If you need assistance with your compliance with new trade rules please contact Andrew Hopkin at Browne Jacobson
In this session, we examined the legal framework around grant funded collaborations and discussed the key risks to be aware of, including IP ownership and compliance with grant terms.
Below are some of the questions we are regularly asked by startups, covering a range of topic areas.
UK law firm Browne Jacobson, which opened its first overseas office in Dublin in September, has outlined its strategic plans to grow its legal team over the next four years.
Bishopsgate Corporate Finance and law firm Browne Jacobson have jointly advised on the acquisition of award-winning tech solutions business, Custard Technical Services by US managers services and cyber security provider, Thrive.
In the ongoing complex litigation between Optis Cellular Technology LLC and Apple Inc., the Court of Appeal ([2022] EWCA Civ 1411) has upheld the High Court’s findings that implementers of standard-essential patents (SEPs) cannot refuse to accept a FRAND license and continue activities in the meantime which constitute infringement: that party must commit to accept a court-determined license if it wishes to avoid an injunction.
Logistics company Eddie Stobart has been fined £133,000, after a series of failures which took place whilst excavation work was carried out, exposing its staff to asbestos.
This article is the second in a series to help firms take a practical approach to complying with the ‘cross-cutting rules’ within the new ‘Consumer Duty’ (CD) framework. The article summarises what it seems the Financial Conduct Authority (FCA) is seeking to achieve from the applicable rules (section 2 below) and potential complications arising from legal considerations (section 3).
A deepfake of Bruce Willis is advertising Russian mobile phones. Many great artistic and metaphysical questions are raised by this performance. However, this article is going to look at the intellectual property law implications, from a UK perspective.
Two directors of a construction company were fined after failing to ensure the safe removal of asbestos from a plot of land. On 14 and 15 November 2021, Directors Anthony Sumner and Neil Brown, of Waterbarn Limited were involved in the uncontrolled removal of asbestos material from a plot of land in Grasscroft, Oldham.
An engineering company in Tyne and Wear was fined £20,000 after a worker fractured his pelvis and suffered internal injuries after falling through a petrol station forecourt canopy, whilst he was replacing the guttering.
Law firm Browne Jacobson has appointed former Vice President and Chief Planning Officer (CPO) of Aston Martin Lagonda, Nikki Rimmington as its first Non-Executive Director (NED) of its Manufacturing & Industrials sector strategy board.
The Digital Services Act (the “DSA”) has today (27 October) been given the go-ahead by the EU Council and will enter into force by early 2024.
Browne Jacobson’s corporate technology dealmakers have advised Agilico, a workplace technology business, on its acquisition of Capital Document Solutions Limited for an undisclosed amount.
The Health and Safety Executive (HSE) have announced they will be carrying out a programme of inspections to primary and secondary school establishments from September 2022. The inspections will assess how schools are managing the risks from asbestos and meeting the Duty to Manage requirements, set out in Regulation 4 of the Control of Asbestos Regulations 2012.
The Procurement Bill (the Bill) has now been with us for about four months, during which time there have been a huge number of amendments proposed in the House of Lords (circa 320). Lately, there has been less mention of it — unsurprising, really, given everything else going on in politics recently — but here’s a summary of some of the key issues and themes so far.
This article is the first in a series aimed to help firms get to grips on a practical basis with the ‘cross-cutting rules’ within the new ‘Consumer Duty’ framework.
The increased use of artificial intelligence (AI) is revolutionising the way businesses operate and is having a disruptive impact in sectors that have traditionally been slow to modernise.
The Government has announced a change to the categorisation of “small” businesses to reduce the amount of regulatory compliance (or “red tape”) required. Currently, SMEs (those with fewer than 250 employees) are exempt from certain regulations – such as the obligation to comply with gender pay reporting. With effect from 3 October, these exemptions will be widened to apply to businesses with fewer than 500 employees.
The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.
It was reported in May 2022 that the BMW-owned manufacturer had been forced to put a temporary stop on the production of all manual transmission vehicles due to the global semi-conductor shortage and the war in Ukraine. Mini stated that the move was made in order to "ensure production stability".
This case provides a reminder to contracting authorities that whilst the bar for an award of damages in procurement cases is high, following the Supreme Court ruling in Energy Solutions EU Ltd v Nuclear Decommissioning Authority [2017] 1 WLR 1373, it is not insurmountable when a contracting authority has acted with disregard to the Public Contracts Regulations 2015 (PCRs). There is also further guidance as to the use of frameworks
Browne Jacobson’s specialist cleantech lawyers have advised AIM listed Clean Power Hydrogen Group Limited (CPH2) on its licence agreement with Bentec GmbH, a member of the Kenera business of the KCA Deutag Group. Kenera will manufacture CPH2’s unique membrane-free electrolysers from its facility in Bad Bentheim, Germany.
Browne Jacobson has bolstered its commercial practice in the UK with the appointment of commercial contracts and international trade specialist, Emma Roake, into its City-based London team.
