30 December 2020

Brexit trade deal ratified in parliament day before transition period ends

MPs have approved the UK’s post-Brexit trade deal with the EU in a parliamentary vote.

A bill bringing the deal into UK law was backed by the Commons with 521 in favour and 73 MPs voting against the deal after Parliament was recalled.

The UK will follow its own laws and rules from 23:00 on 31 December 2020.

Meanwhile, the following advice has been issued for businesses:

United Kingdom of Great Britain and Northern Ireland – European Union Trade and Cooperation agreement The United Kingdom and the European Union have agreed a Trade and Cooperation Agreement governing future trade relations from 1 January 2021, that will see no tariffs or quotas on the movement of goods produced between the UK and the EU. Further details and a summary explainer document are available here. The best place for businesses to get support and information about the changes is at GOV.UK/transition which includes a transition checker tool, so businesses can get a personalised list of actions. To access this, click here. Goods movement spanning the end of the Transition Period Guidance has been issued about the movement of goods which span the end of the Transition Period: Value Added Tax EU Exit Transitional Provisions: Find out about the VAT treatment of transactions or movements of goods which span the end of the Transition Period. For more information, click here. Ongoing customs movements and procedures at the end of the Transition Period: Guidance on what to do if you are moving goods or have goods in customs procedures at the end of the Transition Period has been updated in respect of moving goods from GB to NI. This explains that if your goods have Union status and the goods movement started ahead of 11pm (GMT) 31st December 2020, you will not need to create or provide a Goods Movement Reference (GMR) for a period of 7 days after the 31st December. For more information, click here.

New and Updated Guidance Importing and Exporting NEW: Rules of Origin: Check your goods comply to trade tariff-free with the EU: With a trade deal in place, UK businesses can trade tariff-free with the EU from 1 January if their products meet agreed Rules of Origin. UK traders need to check if their products comply and how to prove they originate. For more information, click here. NEW: Changes to approved exporter authorisations from 1 January 2021: Guidance has been issued about approved exporter authorisations which are issued in the UK no longer being valid in EU countries from 1 January 2021. For more information, click here. NEW: Declaring reusable packaging for Great Britain imports and exports from 1 January 2021: From 1 January 2021, reusable packaging will require an import or export declaration. You may be able to make a declaration at the border (known as a ‘declaration by conduct’) instead and provide information to HMRC on a quarterly basis. For more information, click here. UPDATED: VAT and overseas goods sold directly and online to customers in the UK from 1 January 2021: Guidance on how sellers will deal with VAT for goods from overseas that they sell to customers in the UK from 1 January 2021 has been updated to include information about selling goods to Northern Ireland. For more information about selling goods directly to customers click here. For more information about selling goods in the UK using online market places, click here. UPDATED: Check what declarations need to be made for goods you send from the UK or bring or receive into the UK from 1 January 2021: From 1 January 2021, if you are a UK-based business sending goods from Great Britain or Northern Ireland or if you’re a UK-based business bringing or receiving goods into Great Britain or Northern Ireland check what declarations may need to be made. For more information about goods you send, click here. For more information about goods you bring or receive into GB or NI, click here. UPDATED: Check when you can account for import VAT on your VAT return from 1 January 2021: Guidance has been updated with information added about accounting for VAT if you do not know the full customs value of goods and using someone to import goods on your behalf. For more information, click here. UPDATED: Carry out international road haulage from 1 January 2021: Guidance has been updated to include information about the journeys you can make in the EU, including cross-trade and cabotage jobs, what you’ll need ECMT permits for, and vehicle insurance green cards. For more information, click here. UPDATED: EU business: Taxes, tariffs and importing from the UK: Guidance has been updated to show that from January 1 2021, the EU and UK Trade and Cooperation Agreement establishes zero tariffs or quotas on trade between the UK and the EU, where goods meet the relevant rules of origin. For more information on taxes and tariffs click here. For more information for EU businesses importing from the UK, click here. UPDATED: List of customs agents and fast parcel operators: For more information, click here. Moving Goods NEW: Claiming preferential rates of duty between the UK and EU from 1 January 2021: Guidance has been added explaining how to claim preferential rates of duty on goods covered in the UK’s deal with the EU and how to declare goods imported into the UK on your import declaration. For more information, click here. UPDATED: Goods Vehicle Movement service: If you are a haulier that moves goods through one or more ports that uses the Goods Vehicle Movement Service, you should apply to use Goods Vehicle Movement Service. To register for the Goods Vehicle Movement Service click  here. To get a goods movement reference using the service, click here. To check that a goods movement reference is valid and if goods can be moved, click here. UPDATED: How to use your ATA Carnet: Guidance about how the ATA Carnet works, what to do at customs, and what happens if your goods are lost, destroyed, or stolen, has been updated in respect of UK Transition. For more information, click here. UPDATED: ECMT international road haulage permits: Guidance has been updated to explain why you need ECMT permits in 2021, and how to buy short-term (30-day) permits to use in January and February 2021 if you want to make a third cross-trade movement. For more information, click here. Northern Ireland NEW: Claiming a waiver for duty on goods that you bring to Northern Ireland from Great Britain: Guidance has been issued so that you can find out how to claim a waiver if you are bringing goods into Northern Ireland from Great Britain which might otherwise incur ‘at risk’ tariffs. For more information, click here. NEW: Starting and ending transit movements in Northern Ireland using common and Union transit: Guidance to assist you in finding out what you need to do if you start and end transit movements in Northern Ireland using common and Union transit has been published. For more information, click here. NEW: DEFRA update on GB-NI authorised trader self-identification: DEFRA are working to compile a list of businesses that can take advantage of the authorised GB-NI trader 3 month grace period.  The grace period will only cover certain goods: products of animal origin (POAO), composite products, food and feed not of animal origin, and plants and plant products. For more information, including how to assess if your business can be added to the list, click here. NEW: Using CHIEF for declaring goods into or out of Northern Ireland: From 1 January 2021, find out when you will still be able to use CHIEF (for a limited period of time) for declaring goods into or out of Northern Ireland. For more information, click here. UPDATED: Moving qualifying goods from Northern Ireland to the rest of the UK from 1 January 2021: Guidance has been updated with information added about goods for which specific conditions apply when moved from NI to GB, and placing qualifying goods on the market in GB. For more information, click here. UPDATED: Apply for authorisation for the UK Trader Scheme if you bring goods into Northern Ireland from 1 January 2021: Guidance has been updated with Information about if you supply goods to a business in Northern Ireland but do not have a fixed address in Northern Ireland. For more information, click here. Marketing Goods UPDATED: Product safety and metrology: Guidance has been updated with new guides for Great Britain and Northern Ireland added on Regulation 765/2008 on Accreditation and Market Surveillance. For more information on Great Britain guidance, click here. For more information on Northern Ireland guidance, click here. Guidance has also been updated to include a guide on ‘UK product safety and metrology: What’s changed from 2 January 2021 in relation to Great Britain?’. For more information, click here. UPDATED: Placing manufactured goods on the EU market from 1 January 2021: Guidance has been updated to note that the UK conformity assessment bodies will no longer be able to carry out mandatory conformity assessment for products being placed on the EU market. For more information, click here. Personal Data UPDATED: Using personal data in your business or other organisation from 1 January 2021: Guidance has been added to include information on the EU-UK Trade and Cooperation Agreement interim bridging mechanism for personal data. For more information, click here. Business Services NEW: Complying with Provision of Services Regulations for businesses and Competent Authorities from 1 January 2021: Guidance has been published for service providers and Competent Authorities explaining how the Provision of Services Regulations will operate from 1 January 2021. For more information, click here. UPDATED: Providing services and travelling for business from 1 January 2021:Guidance has been updated to reflect the changes created by the UK and EU Trade and Cooperation Agreement for the following countries: Norway, Bulgaria, Latvia, Belgium, Italy, The Netherlands, Ireland, Malta, Switzerland, Iceland, Austria, Hungary, Greece, Germany, Slovenia, Romania, Denmark, Luxembourg, France, Finland, Estonia, Sweden, Spain, Slovakia, Czech Republic, Portugal Cyprus, Poland, Croatia, Lithuania and Liechtenstein. Professional Qualifications NEW: Recognition of professional qualifications: Technical guidance for regulatory bodies from 1 January 2021: Guidance has been issued for regulatory bodies explaining how the recognition of professional qualifications operates. For more information, click here Designated Standards UPDATED: Information for businesses about designated standards from 1 January 2021: Guidance has been updated to include links for air conditioners and comfort fans, circulators, dishwashers, domestic ovens and range hoods, electric motors, power supplies, radio equipment, standby and off mode, transformers, tumble dryers and vacuum cleaners. For more information, click here. Trade with non-EU Countries After 31 December 2020, EU trade agreements will not apply to the UK. This is the case regardless of the agreement with the EU. The UK has signed trade agreements with various countries and trading blocs. For more information on signed trade agreements and trade agreements still in discussion, click here.

 

24 December 2020

Brexit trade deal signed 7 days before end of transition period

1,645 days after the UK voted to leave the European Union, a trade deal has finally been agreed between Prime Minister Boris Johnson and European Commission President Ursula von der Layen.

With the deal running to more than 1,500 pages, and a flurry of supporting documents expected, it will take time for the BTHA to digest what it means for the toy industry. The government has published a 34-page summary of the deal and the full agreement.

We will send any appropriate advice out in January.

As a reminder, there is a Brexit transition webinar taking place on Wednesday 13 January from 14:00. It will cover topics such as VAT and tariffs, technical requirements and legal requirements.

Final details will be confirmed ASAP but in the meantime, to register your interest in joining the webinar, please email Rebecca@btha.co.uk.

Highlights of the deal include:

Highlights include:

Small and Medium-sized Enterprises (SMEs)

The Agreement includes commitments to provide SMEs with clear and accessible online information about the Agreement, helping them to trade and do business in the UK and the EU. This covers customs procedures, intellectual property rights, and public procurement. The Agreement commits the UK and the EU to provide for a searchable online database, on measures such as customs duties, taxes and rules of origin.

 

Moving Goods

The United Kingdom and the European Union have agreed 100% tariff liberalisation. This means that there will be no tariffs or quotas on the movement of goods between the UK and the EU, where goods meet the relevant Rules of Origin.

 

Business Services

The Agreement includes provisions to support trade in services (including financial services and legal services). This will provide many UK service suppliers with legal guarantees that they will not face barriers to trade when selling into the EU and will support the mobility of UK professionals who will continue to do business across the EU.

 

In line with common FTA practice, the Technical Barriers to Trade Chapter also includes a number of sector-specific Annexes which seek to promote cooperation and tackle barriers to trade in the automotive, chemical, pharmaceutical, organic products and wine sectors

 

Medicine

The Annex on medicinal products provides for mutual recognition of Good Manufacturing Practice (GMP) inspections and certificates, meaning that manufacturing facilities do not need to undergo separate UK and EU inspections, as well as ongoing co-operation.

 

Motor Vehicles

The Annex confirms that both the UK and the EU will mutually recognise approvals based on UN regulations. It establishes dedicated cooperation mechanisms to address regulatory barriers and provides for information exchange to support activities including market surveillance.

 

Chemicals

The Annex seeks to facilitate trade in chemicals, ensure high levels of environmental and health protection and provides for cooperation between authorities. It includes joint commitments to comprehensive implementation of international classification and labelling rules as well as commitments to ongoing cooperation and information exchange.

 

Food and Drink

The Annex will provide for an equivalence agreement between organic products in the UK and the EU. This means products that are certified as organic in one market will be recognised as organic in the other.

The Annex provides for simplified certification, documentation, labelling and packaging requirements for the imports of wine produced in the UK or the EU, reducing costs for exporters and consumers. It also sets out requirements to share information and to jointly review the agreement in future with a view to further facilitating trade in wine.

 

Travel between the UK and EU

The Agreement also includes arrangements for airlines and hauliers that provides them with certainty and gives people the ability to travel to and from the EU easily. It also includes a social security agreement that has practical benefits for UK citizens including accessing healthcare when travelling in the EU.

 

Mutual Recognition of Professional Qualifications

The Agreement clarifies that the provisions on professional qualifications are without prejudice to alternative arrangements that the UK may agree with the EU, allowing for improved mechanisms to be agreed in future. Agreements will be negotiated on a profession-by-profession basis.

 

Digital Trade

These provisions will promote trade in digital services and facilitate new forms of trade in goods and services. The provision helps to facilitate the cross-border flow of data by prohibiting requirements to store or process data in a certain location. This prevents the imposition of costly requirements for British businesses.

21 December 2020

Regulation (EU) 2019/1020 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011

Last week we confirmed that this regulation comes into force on 16 July 2021. It applies to the EU only and was mentioned for the first time at the forum. The regulation specifies that an address within the EU is required on all products offered for sale. Up until now it has been thought that CE marking Directives and Regulations such as for Toys require address markings and other products may not.

At the time of publishing we believed that this regulation would mean that all products in the EU will need an EU address. However one member has pointed out that for Article 4 of this Regulation there is a scope stated in paragraph 5. The scope lists the following Regulations and Directives ONLY as follows:

This Article only applies in relation to products that are subject to Regulations;

(EU) No 305/2011 (34) Conditions for the marketing of construction products

(EU) 2016/425 (35) Personal Protective Equipment

(EU) 2016/426 (36) Appliances Burning Gaseous Fuels

and Directives;

2000/14/EC (37) Noise emission for outdoor equipment

2006/42/EC (38) Machinery

2009/48/EC (39) Toys

2009/125/EC (40) Ecodesign for energy related products

2011/65/EU (41) RoHS

2013/29/EU (42) Pyrotechnics

2013/53/EU (43) Recreational Crafts and personal watercrafts

2014/29/EU (44) Pressure Vessels

2014/30/EU (45) EMC

2014/31/EU (46) Non-automatic weighing instruments

2014/32/EU (47) Measuring Instruments

2014/34/EU (48) Equipment and protective systems in explosive atmospheres

2014/35/EU (49) Electrical Equipment

2014/53/EU (50) Radio equipment

2014/68/EU (51) Pressure Equipment

This regulation does not add an address to other regulations or directives or other non-harmonised products.

Updated government guidance: Importing and Exporting NEW: Bringing goods into Great Britain from outside the UK from 1 January 2021: Guidance has been issued on the allowances which mean that you can bring a certain amount of goods into Great Britain from outside the UK for your own use, without having to pay duty. For more information, click here. Check for barriers to trading and investing abroad: Use this service if you’re a UK-based business planning to… export goods provide services in another country invest money in another country The service will give you information about things that could slow down, stop or raise costs for UK companies and citizens doing business in a specific country (a ‘trade barrier’). NEW: Duty suspensions and tariff quotas from 1 January 2021: Guidance on temporary duty suspensions and tariff quotas for importing goods into the UK has been issued. For more information, click here. NEW: Reporting sales of goods from Northern Ireland to the EU for VAT from 1 January 2021: Guidance has been issued on how to report supplies of goods from Northern Ireland to VAT-registered customers in an EU country using an EC Sales List. For more information, click here. NEW: Suspensions or reductions from Customs Duty for UK Trade Tariff from 1 January 2021: Guidance has been issued about the UK Trade Tariff temporary suspension or reduction of Customs Duty from 1 January 2021. For more information, click here. NEW: UK Generalised Scheme of Preferences (GSP) graduated goods: A notice has been published on graduated goods under the UK Generalised Scheme of Preferences (GSP). For more information, click here. NEW: HMRC newsletter on Community, Common Transit and Transport International Roturiers: HMRC has released another newsletter in its series. This edition covers Euro Exchange Rates. To view this, and previous editions, click here. NEW: Rules of origin: requirements to access preferential tariffs in UK Free Trade Agreements (FTAs): If you are trading goods with any countries with which the UK has an FTA, you will need to comply with Rules of Origin to benefit from preferential (lower or zero) tariffs. This includes the EU in the event a deal is reached. For more information on Rules of Origin, click here. UPDATED: Open general export licence (export of dual-use items to EU member states): Guidance on the licence for the export of dual-use items to EU member states has been revised to take into account changes in legislation following the end of the transition period. For more information, click here. Moving Goods NEW: Ongoing customs movements and procedures at the end of the transition period: Information on what to do if you are moving goods or have goods in the customs procedures at the end of the transition period has been issued. To view this guidance, click here. UPDATED: Moving your goods to common or EU transit countries: Guidance on preparing your goods and planning your routes if you are using common or Union transit has been updated to clarify guidance on checking if you need to complete an export declaration for movements starting in Northern Ireland from 1 January 2021. For more information, click here. UPDATED: Moving goods through the Port of Dover and Eurotunnel with an ATA Carnet from 1 January 2021: Guidance has been updated with the addresses of the locations of ATA carnet processing points (for Sevington, Dover Western Docks and North Weald). For more information, click here. Trade UPDATED: Trade remedies transition policy: Guidance on trade remedies which protect domestic industries from unfair practices around imports. The UK’s own independent trade policy includes a trade remedies system. Guidance has been updated to reflect recent updates to measures being maintained or terminated. For more information, click here. Marketing Goods UPDATED: Product safety and metrology from 1 January 2021: Great Britain and Northern Ireland: Guidance on specific product safety and metrology has been updated for Great Britain and Northern Ireland. Updated guidance includes supplementary guidance on Regulation 14 of the Radio Equipment Regulations 2017 and a second version of the guide on the PPE regulations 2018  has been published. For more information on this for products placed on the GB market, click here. For more information for on this for products placed on the NI market click here. Intellectual Property NEW: Trade marks and geographical indications after 1 January 2021: Guidance for businesses and organisations on the relationship between trade marks and geographical indications (GIs) at the end of the transition period has been issued. For more information, click here. Designated Standards UPDATED: Designated standards: Information has been updated for businesses about designated standards at the end of the transition period. Changes include links have been added for construction products and cableway installations designed to carry persons and general product safety. For more information, click here.

Sector Specific Guidance Business Services NEW: Cross-border insolvency proceedings with the EU from 1 January 2021: Information has been published regarding legal changes affecting the insolvency sector. For more information, click here. Chemicals and active substances NEW: Submitting chemicals information to the appointed body from 1 January 2021: Guidance for companies placing hazardous mixtures on the UK market (such as manufacturers, importers, downstream users and distributors) from 1 January 2021 has been issued. For more information, click here. UPDATED: Exporting active substances manufactured in Great Britain for use in EEA and Northern Ireland from 1 January 2021: Guidance on how the Written Confirmation process for active substances manufactured in GB will be handled from 1 January 2021 has been updated to include two new Written Confirmations. For more information, click here. Product Safety NEW: Submit a cosmetic product notification: Guidance on how to submit a cosmetic product notification to the Office for Product Safety and Standards (OPSS) has been issued. For more information, click here.

Webinars and Podcasts With just 10 days to go until the end of the transition period, you can keep up to date by watching a webinar to help prepare your business. You can also access sector-specific webinars about how to prepare your business here. The Health and Safety Executive (HSE) is hosting a series of free podcasts to help businesses that make, use or supply chemicals, understand what actions they need to take to ensure they are prepared for the end of the transition period, when an independent GB chemical regimes will be in place from 1 January 2021. To listen to the podcast, just search ‘The HSE Podcast’ on your chosen platform. To receive notifications for each episode released, click here. HMRC customs declarations webinars: HMRC have launched multiple editions of this live webinar covering how to complete customs import declarations and explaining how to make import declarations when importing goods between the EU and Great Britain. To register and find a date, click here. HMRC webinars: Get help on UK transition with online webinars from HMRC by registering for webinars on: Importing: staged controls and how to prepare to use them Exporting: actions you need to take to prepare for 1 January 2021 To register, and for more information. click here. Trading with the EU: A video series has been released that explains what businesses need to do to be ready for 1 January 2021. These videos cover what businesses need to know about exports and imports, customs, commodity codes and controlled goods. To view the videos, click here. Visit the GOV.UK transition webinar page to find out more and register here.

18 December 2020

Authorised representative service for members

EU

Vulcan Consulting is a government relations company, based in Dublin and Brussels, providing advice to businesses and associations on domestic and EU regulation and policies.

Vulcan Consulting has teamed up with the BTHA seeking practical solutions for members in relation to EU Authorised Representatives.

Vulcan Consulting will work with members of the BTHA and represent interested manufacturers as the authorised representative in Ireland as laid out in the European Communities Safety of Toys Regulations 2011 (The Irish implementation of the TSD).

Both parties would sign a written mandate which would lay out key duties to be performed by both the manufacturer and Vulcan as the authorised representative.

Vulcan Consulting would also provide an address and contact details in Dublin for use on packaging for European traceability requirements. Please contact ar@vulcanconsulting.eu.

 UK

IQS is an independent consultancy offering product compliance services to a wide range of clients. IQS specialises in non-food products and in particular toys.

IQS provides the BTHA Toy Safety Advisory Service for their members and their Managing Director Jerry Burnie chairs the BTHA Technical Committee.

To help companies needing a UK Authorised Representative, IQS offers this service for anyone needing a UK presence.

The service will operate under a written mandate that both companies would sign, and which has set costs where possible.

It’s hoped that this service will help BTHA members continue to trade with the UK as Brexit progresses in the coming months.

Contact: jerry.burnie@i-q-s.co.uk

Note: AR representation must be available 10 years after a product has been delisted under the appropriate UK legislation so annual fees must be continued during this time.

17 December 2020

Checking a Heavy Goods Vehicle (HGV) is ready to cross the border

The ‘Check an HGV is ready to cross the border service’ can be used to apply for a Kent Access Permit, and to check if you have the paperwork you need to cross the UK border in an HGV. This service can be used by HGVs that weigh less than 7.5 tonnes, and HGVs of any weight that are going to the EU, but are not going via the Port of Dover or the Eurotunnel. You will require paperwork to cross the border even if the HGV is not carrying goods or if it’s only carrying post. The ‘Check an HGV is ready service’ is available in English, Russian, Welsh, German, Spanish, French, Dutch, Polish and Romanian. For more information and to use the service, click here. Northern Ireland specific guidance  Moving qualifying goods from Northern Ireland to the rest of the UK: Your goods will be qualifying Northern Ireland goods from 1 January 2021, if they’re in free circulation in Northern Ireland – that means, not under a customs procedure before you move them from Northern Ireland to Great Britain. For more information, click here. UK Trader Scheme launched to support business moving goods from Great Britain to Northern Ireland: The New UK Trader Scheme (UKTS) will help ensure traders don’t pay tariffs on the movement of goods into Northern Ireland from Great Britain, where those goods remain in the UK’s customs territory. For more information about what businesses need to do before their first movement of goods after 1 January 2021, click here. Apply for authorisation for the UK Trader Scheme if you bring goods into Northern Ireland from 1 January 2021: New guidance has been issued. Find out how to get authorised to declare goods you bring into Northern Ireland, not ‘at risk’ of moving to the EU, so that EU duty will not be payable on those goods. For more information, click here. Trading and moving goods in and out of Northern Ireland from 1 January 2021: Guidance on how to prepare if you trade and move goods in and out of Northern Ireland from 1 January 2021, has been updated with information about where there may be changes to some processes; bringing goods into Northern Ireland from Great Britain and from outside the EU; what you need to do if you import goods into Northern Ireland and, want to declare your goods not ‘at risk’; making declarations for bringing or receiving goods into Northern Ireland; transporting and carrying goods if you’re a haulier or a carrier and moving goods under transit. For more information, click here. Importing and Exporting Registering to make an entry summary declaration in Great Britain: Guidance has been issued on using the S&S GB Service if you import goods into Great Britain and need to make an entry summary declaration. For more information, click here. Registering to make an entry summary declaration in Great Britain: Service availability and issues. Guidance to check the availability and any issues affecting the register to make an entry summary declaration in Great Britain service has been issued. For more information, click here.

 

14 December 2020

BTHA Product Technical Issues including Markings Guide updated

Since September many new official guidance documents and UK Government webinars have been taking place concerning Brexit. BTHA staff have been reading and attending all of these on your behalf and have been lobbying for changes to recent guidance first issued in September. Some key things have changed to be more in line with BTHA original guidance. As a result our recent BTHA guide, which was started in February 2019 and went to version 5 and then was rewritten in October this year and is already up to Version 3 has been republished with the following updates.

• A number of minor typos have been corrected and in line with the latest UK Government terminology “UK” has been changed to Great Britain and GB where relevant and IP end date has been changed to IP completion date.
• Section 1 – Introduction, and each page – All dates of publication have been updated
• Section 4.2 – Product Markings – NEW UK Government use of “accompanying documents” has been added and our definition of those document updated to match
• Section 4.2.1 – Comparison Summary of UK Government and BTHA Marking Recommendations – chart has updated to include accompanying documents
• Section 4.2.3 – Conformity Markings – Address requirements and NI markings update
• Section 4.2.5 – Address Markings – Removal of text relating addresses to CE marks and UKCA marks
• Section 4.2.6 – BTHA Q&A Addresses – New question 6 relating to address requirements for non-CE marked stock
• Section 4.3.1 – Omissions in UK Regulations – Addition of specific mention of formaldehyde and Aluminium
• Section 4.5 – Standards – designated standards link
• Section 4.6 – DoC – CE marked stock until 1/1/2022 and addition of Declaration of Conformity format as listed in the Toy Regulations
• Section 4.7 – Notified Bodies – Updates allowing use until 1^st January 2022
• Section 5 – Northern Ireland – Additional comments on UKNI marking
• Section 7 – Tools and Resources from Government – New UK Government guidance links added
• Appendix A – Products areas covered by UKCA marking – Updated Directives verses Regulations table in with link to source

All changes except for typos, GB and IP completion date are highlighted in yellow so they can be quickly identified. In recent meetings it should be noted that the tone of Government was more understanding of industry’s issues and we were lead to believe that any enforcement action would be pragmatic and proportionate to the issue.

This guide continues to be endorsed by the British Retail Consortium, the Toy Retailers Association and is assured under the BTHA Primary Authority Partnership. We hope it gives some clarity in unclear times. This guide is publicly available and therefore can be shared with any stakeholders as appropriate.

Any questions? Please contact jerry.burnie@i-q-s.co.uk

Northern Ireland updates

Moving qualifying goods from Northern Ireland to the rest of the UK: Find out which goods qualify for unfettered access when moving from Northern Ireland to the rest of the UK.

How VAT will apply to goods moving between Great Britain and Northern Ireland: Find out how import VAT will apply to goods moving between Great Britain and Northern Ireland for individuals and non-VAT-registered businesses.

Trading CITES-listed specimens through UK ports and airports from 1 January 2021: The government has updated the guidance for ‘CITES specimens entering GB from the EU or Northern Ireland’. For the movement of CITES specimens between GB to NI, and NI to GB, the import and export checks will all happen in Northern Ireland. This means you may use any point of exit from GB but you must use one of the CITES-designated points of entry and exit in NI.

Moving CITES specimens through Belfast Seaport from 1 January 2021: Updated the Belfast Seaport address and telephone.

GVMS, borders and customs

List of ports using the Goods Vehicle Movement Service: Find out which locations are using the Goods Vehicle Movement Service from 1 January 2021

Moving goods through the Port of Dover and Eurotunnel with an ATA Carnet from 1 January 2021: The address for Stop 24 has been updated.

List of customs agents and fast parcel operators: The list of customs agents and the list of fast parcel operators have been updated.

Customs, VAT and Excise UK transition legislation from 1 January 2021: Statutory Instruments has been updated to include The Travellers’ Allowances and Miscellaneous Provisions (EU Exit) Regulations 2020, The Value Added Tax (Miscellaneous and Transitional Provisions, Amendment and Revocation) (EU Exit) Regulations 2020, and The Customs Transit Procedures (Amendment, etc) (EU Exit) Regulations 2020.

EU Settlement Scheme (information for employers)

EU Settlement Scheme: employer toolkit: Added ‘Frontier worker permit for EU citizens’ guide

Information for EU based businesses/trading partners

Webinars for EU-based organisations that trade with the UK: A recording for the webinar held in Spain has been uploaded.

11 December 2020

Designated Standards for toys from 1 January

After Brexit, the current EU Harmonised standards will be adopted by the UK as “Designated Standards”. On 10 December the initial lists of these standards were published.

Designated standards main page:

https://www.gov.uk/guidance/designated-standards

Toy Designated standards have also been published and these match the EU versions currently used. There are toy standards that have been published in the EU but are yet to be harmonised that have not been listed by the UK. The BTHA will be watching the actions taken with these standards in the UK in the coming months.

In the meantime members should assume they will be adopted in the UK and plan accordingly. The standards yet to be adopted are: EN71-2: 2020, EN71-7: 2014 +A3: 2020, EN71-12: 2016, BS EN IEC 62115 + A11: 2020.

Toy Standards:

https://www.gov.uk/government/publications/designated-standards-toy-safety

Product Testing

Some members have reported receiving advice that stated they will have to test to EN71 standards AND BS EN71 standards in the future. Compliance to the Toy Regulations and to the Toy Safety Directive is by self-certification. Therefore members can determine the best way to ensure compliance themselves giving flexibility on assessments and whether testing is necessary – companies have to comply and testing is only one way to confirm compliance.

Currently both sets of standards are identical in every way so NO additional testing is necessary. In the future it is possible that the standards may diverge. If this occurs the BTHA will be working to assess the minimum amount of testing (if you choose to test to prove compliance) required to comply with both markets. Members should not automatically add additional tests even if standards diverge.

In the event that substance levels varied between standards, for instance, it may be acceptable to just test the most stringent of the two standards. Where the test methods vary further assessments of the impact will be conducted and final advice given to members.

Any questions please contact jerry.burnie@i-q-s.co.uk

Movement of Goods

Moving goods into, out of, or through Northern Ireland from 1 January 2021: What UK businesses can do now to get ready for 2021.

Claim VAT refunds from EU countries from 1 January 2021

You can continue to use the EU VAT refund system to claim a VAT refund on expenses incurred before 1 January 2021 in EU member states, until 11pm on 31 March 2021.

You will not be able to use the EU VAT refund system to claim refunds of VAT on expenses incurred in an EU member state on or after 1 January 2021. Find out how to make a claim.

You will still be able to:

• view your previous claims
• amend your previous claims until 31 March 2021

Claim a refund for expenses incurred in an EU member state on or after 1 January 2021

Each EU member state has its own process for refunding VAT to businesses based outside the EU. You’ll need to use the process for the EU member state where you’re claiming a refund.

Find out what the process is for each country on the European Commission website.

3 December 2020

Kent access permit details published and information for EU businesses

The government has published new details on a host of new end of transition-related topics.

Kent Access Permit

The “Check an HGV is Ready to Cross the Border Service” (formerly referred to as Smart Freight) on gov.uk will inform the user that a permit has been issued and that the HGV is able to travel to the Port of Dover or Eurotunnel. Access to key roads will be prohibited for HGVs that don’t have a KAP obtained from the service and this will be communicated to drivers on the road network. Officials involved in enforcement will have access to an app which allows them to confirm whether a particular HGV has a KAP as registered on the GOV.UK web service. HGV drivers on those key roads in Kent without one could be stopped and issued with a £300 on the spot fine. For the avoidance of doubt, those HGV drivers doing domestic journeys that start, travel through, or end in Kent, will not need to obtain a KAP. Drivers of HGVs transporting trailers that will be moved unaccompanied are doing domestic journeys (as they will not be leaving GB) and also will not require a KAP. It’s advisable that all drivers who are transporting goods domestically, carry paperwork detailing their journey so any possible delays can be minimised.

UK Timber Regulations

PCs will be required for all plants but only certain types of timber originating in specific parts of the EU. For oak timber there will be no requirement, for ash timber there will be a requirement for PCs to accompany unmanufactured wood originating in Switzerland and France (Schedule 7, item 142 of the Phytosanitary Conditions Regulation as amended refers).

HS Commodity Codes

Exporting and importing businesses: prepare for 1 January 2021: This has been updated to make it clear that the existing commodity code system will continue to apply from 1 January onwards.

Please note that this page, while helping you to confirm commodity codes, will still show current tariffs and not the UKGT. The correct tariffs will be updated in due course. To confirm: from 1 January, the existing commodity code system will continue to apply but the relevant tariffs applicable are those under the UKGT.

UK – Japan Trade

UK-Japan Comprehensive Economic Partnership Agreement: Documents containing treaty information and a summary of the UK-Japan trade agreement, published with links to:

• Trade with Japan from 1 January 2021,
• provisions for small and medium-sized enterprises (SMEs),
• tariff rate quota (TRQ) scheme technical notice,
• and changes to product-specific rules (PSRs)

Customs Legislation

Notices to be made under The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020: Notices made under The Customs (Transitional Arrangements) (EU Exit) Regulations 2020 which have force of law under Customs Regulations.

Service Provision in the EU/EFTA states

If you’re a UK business or professional providing services in the EU, Iceland, Liechtenstein, Norway or Switzerland, you’ll need to check the national regulations of the country you’re doing business in to understand how best to operate. See the selling services guides to each country for more information

CMA

Guidance on the functions of the CMA after the end of the Transition Period: This guidance concerns the functions of the Competition and Markets Authority after the end of the Transition Period.

Communications tools with key links and messages

 UK Transition campaign: local communications toolkit: A practical guide for use when supporting the UK Transition campaign at a local level.

Customs

List of customs agents and fast parcel operators: The list of customs agents and the list of fast parcel operators have been updated.

Information for EU businesses

EU business: exporting to the UK: Find out what EU businesses need to do to export to the UK from 1 January 2021.

EU business: importing from the UK: Find out what EU businesses need to do to import from the UK from 1 January 2021.

EU business: services: Find out what EU businesses need to know about providing services in the UK from 1 January 2021.

EU business: taxes and tariffs: Find out what taxes and tariffs might apply to EU businesses trading with the UK from 1 January 2021.

EU business: data protection and copyright: Find out what EU businesses need to do with data protection, intellectual property and copyright in the UK from 1 January 2021.

EU business: working in the UK: Find out what EU citizens need to do if they are working in the UK from 1 January 2021.

Webinars for EU-based organisations that trade with the UK: Learn more about UK border requirements by registering for an upcoming webinar or viewing previous webinars for your industry.

VAT

Complete your VAT Return to account for import VAT from 1 January 2021: Details have been updated on how to estimate your import VAT on your VAT return. Additional guidance on your statements and how long they will be available has also been added. 

Changes to accounting for VAT for Northern Ireland and Great Britain from 1 January 2021: This guidance gives information about when you can, or need to, account for VAT on your tax return if you’re a UK VAT-registered business.

 

Product Safety and Metrology

Product safety and metrology from 1 January 2021: Great Britain: The guide to the Weights and Measures (Packaged Goods) Regulations 2006 has been amended in Annex A to clarify the transitional arrangements for importers in regulation 3(7).