Preparedness to “hard” Brexit Border controls 4 4 October 2019 2019
Brexit preparedness notices https: / / ec.europa.eu/ info/ brexit/ brexit-preparedness/ preparedness-notices_en# sante
Sanitary and Phytosanitary (SPS) rules Border controls • Official c con ontrols at at EU U bor orders: impor ort an and external tran ansit from om the UK UK EU UK import BI P TC external transit BI P BI P EU
Sanitary and Phytosanitary (SPS) rules Border controls • Official c con ontrols at at EU U bor orders: internal tran ansit t throu ough the UK UK EU UK BI P TC EU BI P
Sanitary and Phytosanitary (SPS) rules Border controls • Official c con ontrols at at UK UK bor orders: expor ort an and transit to o the UK UK EU UK export TC BI P external transit BI P BI P EU
Sanitary and Phytosanitary (SPS) rules Applications of BIP EU Esbjerg DK UK Dublin I E Rosslare I E Rotterdam NL Zeebrugge BE Dunkerque FR Calais FR EU Dieppe FR Caen FR Cherbourg FR Saint-Malo FR Roscoff FR
Brexit in case of no deal European Commission, DG Taxud October 2019 Germán de Melo Ponce 1
Table of contents 1. EORI 2. Customs decisions 3. Customs procedures Entry of goods in the EU Temporary storage Duty relief Transit and other Special Procedures Exit of goods from the EU 4. Conclusions 2
1. EORI 3
EORI • EORI numbers granted by the UK will not be valid in the EU27 as of the date of withdrawal • Persons involved in trade between the UK and the EU27 must have a valid EORI number as of the date of withdrawal • Persons not established in the EU27 may only apply for EORI number in specific cases 4
2. Customs decisions 5
Customs decisions • Authorisations and BTI/BOI granted by the UK are no longer valid in the EU27 as of the date of withdrawal • Authorisations granted by the EU 27 including ‘UK elements’ must be amended as of the date of withdrawal • SASP authorisations supplementary declaration covering UK only for period the day before withdrawal • Guarantee guarantor established in the UK must be replaced by guarantor established in the EU27 after the date of withdrawal 6
3. Customs procedures 7
Customs procedures: entry of goods in EU • ENS lodged to UK as 1 st port of entry before withdrawal date are not valid after this date need to lodge another ENS for subsequent ports • If ENS is lodged to the UK before the withdrawal date and a diversion takes place to the EU27 as of that date, a new ENS must be lodged the first ENS will be deemed not having been lodged 8
Customs procedures: temporary storage • Authorisations for temporary storage facilities • Goods in temporary storage in the UK before withdrawal date must follow the customs formalities applicable to non-Union goods if they are brought to the EU27 after this date • Movements of goods in the EU27 under authorisations granted by UK need to regularise before the date of withdrawal • Movements of goods in the UK under authorisations granted by EU27 deemed to have been re-exported 9
Customs procedures: duty relief • Goods exported from the UK before withdrawal date may be considered returned goods if re-imported in the EU27 after this date • Goods brought from the EU27 to the UK before the withdrawal date will be considered as ‘exported’ for the purposes established for returned goods • Brexit is not considered as a ‘special circumstance’ as referred to in Article 203(2) UCC • Transfer or normal residence from UK will be entitled for duty relief including period before Brexit 10
Customs procedures: transit • The UK will join the Common Transit Convention after the date of withdrawal, so UK may use common transit and have access to NCTS • If goods on transit are brought from EU27 to UK after the withdrawal date, an EXS has to be lodged, unless security data are already on transit declaration or obligation to lodge EXS is waived • Same procedure if inverse movement ENS • Acceptance of forms of guarantor’s undertakings and guarantee certificates < 1 year after withdrawal 11
Customs procedures: transit (TIR) • The UK is already a Contracting Party to the TIR Conv. • If goods under TIR are brought from EU27 to UK after the withdrawal date, an EXS has to be lodged and office of exit in EU27 will act as customs office of exit • If goods under TIR are brought from EU27 to UK after the withdrawal date, the office of destination in UK will have to provide alternative proof of arrival to EU27 • If goods under TIR are brought from UK to EU27 after the withdrawal date, normal formalities of TIR from 3 rd countries will apply (ENS and notification of arrival) 12
Customs procedures: other special procedures • Authorisations for special procedures other than transit granted by the UK or with a UK EORI number will not be valid as of the date of withdrawal • Authorisations for special procedures other than transit granted by the EU27 with a ‘UK element’ will have to be amended • Need to discharge special procedure for goods covered by a UK authorisation before the date of withdrawal 13
Customs procedures: other special procedures • The UK is already a Contracting Party to the ATA Convention • ATA carnets may be used for goods declared for temporary admission brought from UK to the EU27 or vice-versa • Same applies for goods brought from a 3 rd country to UK and re-exported from EU27 or vice-versa • ATA carnets will be considered as a declaration of export for goods temporarily exported from EU27 to a third country via the UK before withdrawal 14
Customs procedures: export • A pre-departure declaration lodged in the UK will not be valid if goods arrive to the EU27 after withdrawal • Goods exported from EU27 via UK: If goods do not arrive to UK before withdrawal office of export is replaced by office of exit If goods arrive to UK before withdrawal office of export closes movement by means of an alternative proof 15
Customs procedures: export • Goods exported from UK via EU27: If goods do not arrive to EU27 before withdrawal same procedure as non-Union goods coming from 3 rd country If goods arrive to EU27 before withdrawal office of export in UK closes movement by means of an alternative proof and office of exit can close movement in ECS 16
4. General conclusions 17
Some general conclusions • No deal means that the UK becomes a 3 rd country from day 1 • Concerned persons must be prepared • The borders have two sides and concerned persons must fulfil the requirements established on both sides 18
Thank you for your attention: any questions? 19
Brexit – preparedness
W elcom e and I ntroduction • Where are we: any outcome still possible • Overall state of play and general preparedness • Preparedness in other relevant policy areas; SANTE, TAXUD • Notices and market developments • State aid and TRQ apportionment • Budget contingency • Testimonials from stakeholders 2
AGRI preparedness
Notices • Food law - Organic - Geographical indications • TRQ - licences - security 4
Markets
AGRI -FOOD TRADE W I TH THE UK EU-28 agri-food exports compared to EU-27 agri-food exports to the UK (billion €, 2018) 150 100 50 0 Total United China Switzerland Japan Russia Norway United States Kingdom 6
AGRI -FOOD TRADE W I TH THE UK EU-27 Agri Food exports to the UK (% of value, 2016-18) Fresh and processed fruit and vegetables 20% 23% Meat products Dairy products Wine, spirits and beverages 18% 18% Food preparations 9% Others 12%
AGRI -FOOD TRADE W I TH THE UK Trade between the EU27 and the UK (2016-18, million €) 3500 3000 2500 2000 1500 1000 500 0 -500 -1000 -1500 Export Import
Share of UK in EU-2 7 exports ( 2 0 1 6 -1 8 ) 100% 80% 60% 40% 20% 0% 9
Share of EU-2 7 exports to UK on total production ( 2 0 1 6 -1 8 ) 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% -2.0% 10
AGRI -FOOD TRADE W I TH THE UK UK Agri food imports (2018, % of total value) NL 14.3% Rest of the world 26.4% IE 10.3% Others EU FR 7.3% 9.8% PL DE 4.1% 9.4% BE 5.4% IT ES 6.8% 6.2% NL IE FR DE ES IT BE PL Others EU Rest of the world 11
AGRI -FOOD TRADE W I TH THE UK Share of UK agri-food imports originating from the EU-27 (% of value, 2018) 98% 100% 90% 90% 82% 80% Average 7 4 % 71% 67% 70% 62% 60% 50% 40% 30% 20% 10% 0% Fresh and Meat products Dairy products Wine, spirits and Food preparations Others processed fruit and beverages vegetables
AGRI -FOOD TRADE W I TH THE UK Share of Agri Food exports directed to UK (% of value, average 2015-17) 40% 30% 20% 10% 0%
What may influence EU27-UK trade UK Tariffs and Quotas Regulatory requirem ents ( custom s, SPS, etc.) Logistical bottlenecks ( tunnel, harbours, border inspection points, trucks, ferries) EU agri-food industry com petitiveness Organised and interdependent supply chains,including private certification schem es, established brand nam es, etc Food price and food availability for UK consum ers / UK household incom e / £ exchange rate
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