- Back
- Back
- Back
- Back
- Back
- Back
- Back
- Back
- Back
- Back
“I am delighted to have been appointed Business Secretary.
The last year has been extremely challenging for millions of businesses. There is, however, cause for optimism with both the roll-out of vaccines and a trade agreement with the European Union now secured.
Although the transition period has ended, businesses still need to take steps to adapt to the new rules which have come into force. We continue to work closely with businesses, including contacting exporters, their representatives, and transporters to advise on the requirements for keeping goods on the move.
The checker tool on gov.uk/transition will give you a personalised list of actions you need to take now, or for any further queries you can contact our dedicated business support helplines. There is also specific guidance on moving goods into, out of, or through Northern Ireland.
To support you through the pandemic and into recovery, you can also find out exactly what financial support your business is eligible for on gov.uk.
I am confident that the deals the UK Government has negotiated with the EU, and many other countries around the world, will provide a positive trading environment for businesses like yours to make the most of the new opportunities that this year will bring.
I wish you and your business every success for 2021.
Yours sincerely,
Rt Hon Kwasi Kwarteng MP
Secretary of State for Business, Energy & Industrial Strategy”
Published: 20th January 2021
Source: Department for Business, Energy & Industrial Strategy
Use the lists to check your business in Great Britain (England, Scotland and Wales) or one of the Crown Dependencies (Jersey, Guernsey and Isle of Man) is approved to export to the EU, and find out what your TRACES number is.
Published: 8th January 2021
Source: GOV.UK, Department for Environment, Food & Rural Affairs
Page URL: https://www.gov.uk/government/publications/businesses-approved-to-export-to-the-eu
HMRC letters to VAT-registered businesses in Great Britain trading with the EU and/or the rest of the world, highlighting actions they need to take to continue trading with the EU from 1st January 2021.
Published: 2nd December 2020
Source: HM Revenue & Customs, GOV.UK
The process for exporting goods to the EU will change. Businesses in Great Britain need to complete the following actions to continue exporting to EU countries from 1 January 2021.
Great Britain is England, Wales and Scotland. Guidance on moving goods into, out of and through Northern Ireland will be added to GOV.UK in the coming weeks.
The process for importing goods from the EU will change. Businesses in Great Britain need to complete the following actions to continue importing from EU countries from 1 January 2021.
Great Britain is England, Wales and Scotland. Guidance on moving goods into, out of and through Northern Ireland will be added to GOV.UK in the coming weeks.
Learn more about UK border requirements from 1 January by registering for an upcoming webinar or industry day, or viewing previous webinars.
The UK has left the EU. On 31 December 2020 the UK will leave the EU single market and customs union.
From 1 January 2021 the rules for trading with the UK will change.
These videos cover what businesses need to know about exports and imports, customs, commodity codes and controlled goods.
Guides on specific product safety and metrology regulations for businesses placing goods on the market in Great Britain from 1 January 2021.
Guidance for the veterinary pharmaceutical industry on Pharmacovigilance reporting. This guidance will be updated with more information as it becomes available.
The VMD will continue to act as the National Competent Authority for NI and as such Marketing Authorisation Holders (MAHs) must report adverse events occurring in GB and NI directly to us. We will then report these to the EU as required.
Where the event location can be identified, we will inform the European Medicines Agency (EMA) of those reported as occurring in NI. Therefore we encourage you to include a location identifier within your reports such as the first 2 digits of reporter postcode.
As of 1 January 2021 we will no longer be part of EU data sharing, therefore you must report to us directly:
You must submit reports using either the Veterinary Medicines Digital Service (VMDS) or our business-to-business reporting system, Gateway.
As of 1 January 2021, we will no longer participate in Periodic Safety Update Reports (PSUR) work-sharing for products authorised nationally only in GB and NI. However, MAHs should continue to use the same data lock points as previously agreed.
PSURs must be submitted to us at intervals of between 6 months and 3 years for each product you sell in the UK. Your reporting period must follow on from the last PSUR without gaps or overlaps. The cut-off date for information to be included in a PSUR is called the Data Lock Point (DLP) and is the end date of the reporting period. These reporting periods will be in line with EU DLPs if applicable.
You must include all the information described in the UK Veterinary Pharmacovigilance Guidelines which will be published in due course. This guidance is based on current EU guidelines.
Additional guidance on ‘Veterinary Pharmacovigilance: your responsibilities’ will be available in due course.
You can submit PSURs securely through our Veterinary Medicines Digital Service (VMDS) or by normal email to psur.submissions@vmd.gov.uk.
As of 1 January 2021 we will no longer be part of EU data sharing, therefore you will need to ensure that you meet your obligations to notify us of any serious safety concerns such as a rapid alert being issued in Europe for one of your products.
Published: 23rd October 2020
Source: GOV UK, Veterinary Medicines Directorate
From 1 January 2021 the Medicines and Healthcare products Regulatory Agency (MHRA) will take on the responsibilities for the UK medical devices market that are currently undertaken through the EU system.
This guidance provides information on how the UK system will operate, including for:
This guidance is divided into sections on the different rules that will apply in Great Britain, Northern Ireland and the EU. Great Britain is England, Wales and Scotland.
For Northern Ireland, different rules will apply to those in Great Britain after the end of the transition period. For more information on the regulatory system for medical devices in Northern Ireland, please see ‘Regulation of medical devices in Northern Ireland’
In this guidance, “medical device” includes in vitro diagnostic medical devices and active implantable medical devices.
This guidance only applies to medical devices and does not cover other CE marked products, which are subject to separate guidance.
The proposals outlined in this guidance notice will take effect through legislative changes that will be introduced later in 2020. They are still therefore subject to parliamentary approval.
This information is meant for guidance only. You should consider whether you need separate professional advice before making specific preparations. Speak to your solicitor or trade association if you are unsure which regulatory framework applies to your goods.
From 1 January 2021, there will be a number of changes to how medical devices are placed on the market in Great Britain. These are:
Currently, devices are regulated under:
These directives are given effect in UK law through the Medical Devices Regulations 2002 (SI 2002 No 618, as amended) (UK MDR 2002). These Regulations (in the form in which they exist on 1 January 2021) will continue to have effect in Great Britain after the transition period has ended.
This means that from 1 January 2021, the Great Britain route to market and UKCA marking requirements will continue to be based on the requirements derived from current EU legislation.
The EU MDR and EU IVDR will fully apply in EU Member States from 26 May 2021 and 26 May 2022 respectively. As these regulations will not take effect until after the transition period, they will not be EU law automatically retained by the EU Withdrawal Agreement Act and will therefore not automatically apply in Great Britain. This means that the provisions contained within the EU MDR and EU IVDR will not be transposed into law in Great Britain and will not be implemented in Great Britain.
The Independent Medicines and Medical Devices Safety Review, which delivered its report this July, has highlighted the importance of strengthened regulations that do more to protect patients. We are committed to improving the standards and scrutiny of medical devices that reach UK patients. This will be enabled through the powers currently being created through the Medicines and Medical Devices Bill.
We have the opportunity to develop a robust, world-leading regulatory regime for medical devices that prioritises patient safety. We will take into consideration international standards and global harmonisation in the development of our future system.
We will engage with stakeholders within the life sciences and healthcare sectors on this proposed regime. As part of these discussions, we will identify and prioritise elements of international practice that promote public health and patient safety. This will be followed by a formal public consultation with the aim of delivering an attractive world-class regulatory system.
There is further information below on how devices that have already been registered with the MHRA under the EU MDR or the EU IVDR will be regulated.
The MHRA will continue to perform market surveillance of medical devices on the UK market and will be able to take decisions over the marketing and supply of devices in the UK.
The MHRA will continue to be responsible for the designation and monitoring of UK Conformity Assessment Bodies.
Further guidance is available on how the MHRA enforces the legislation on medical devices.
From 1 January 2021, the roles and responsibilities of those manufacturing and supplying medical devices, including IVDs, will change.
Manufacturers wishing to place a device on the Great Britain market will first need to register with the MHRA. See guidance on registrations below for more information.
Where a manufacturer is not established in Great Britain, they will need to appoint a UK Responsible Person to register and act on their behalf. See guidance on UK Responsible Persons below for more information.
Manufacturers will need to comply with relevant product marking and conformity assessment requirements for medical devices, including IVDs. See below for guidance on UKCA mark and Conformity Assessment Bodies and guidance on CE marking and Notified Bodies for more information.
After the transition period, any medical device, IVD or custom-made device will need to be registered with the MHRA before being placed on the Great Britain market. This will apply to devices of all classes. In Great Britain, devices must conform to the UK MDR 2002, the EU MDR (until 30 June 2023), or the EU IVDR (until 30 June 2023) in order to be registered with the MHRA.
The MHRA will only register devices where the manufacturer or their UK Responsible Person has a registered place of business in the UK. If the manufacturer is based outside the UK, they will need to appoint a UK Responsible Person that has a registered place of business in the UK. This UK Responsible Person will then assume the responsibilities of the manufacturer in terms of registering the device with the MHRA.
Given that this is an extension of existing registration requirements, there will be a grace period to allow time for compliance with the new registration process. These registration requirements will not apply until after the transition period.
The following devices must be registered with the MHRA from 1 May 2021:
The following devices must be registered with the MHRA from 1 September 2021:
The following devices must be registered with the MHRA from 1 January 2022:
It will be possible to register devices ahead of the above dates, but there will be no legal obligation to do so.
Where a medical device is already registered with the MHRA, it will not need to be re-registered after 1 January 2021. However, manufacturers (or their UK Responsible Person) will be required to review the information held by MHRA to ensure it remains correct in line with the above grace periods.
Where any changes to registrations are made, a £100 standard fee will apply per application.
It will be possible for manufacturers to register devices of different classes, that are subject to different grace periods, at the same time. For example, manufacturers (or their UK Responsible Person) will be able to register their Class IIa medical devices at the same time as registering their Class III medical devices. In this particular case, devices would need to be registered from 1 May 2021 in line with the grace period for registering Class III devices.
Registration for custom-made devices will be in line with the risk class of the device. Failure to register from these dates will mean that you will no longer be able to lawfully place your device on the Great Britain market.
Manufacturers of Class I devices, custom-made devices and general IVDs that are currently required to register their devices with the MHRA must continue to register their devices on the same basis as they do now until the new registration requirements start to apply to those devices.
If you are a Northern Ireland-based manufacturer and have already registered your device with the MHRA for the purposes of Northern Ireland, it can then be placed on the Great Britain market and will not need to undergo any further registration in Great Britain.
Further information on registration requirements for Northern Ireland is provided below.
More information on registrations (including fees) can be found in the MHRA’s registrations guidance. The registrations guidance page will be updated with further detailed guidance in due course.
As noted above, to place a device on the Great Britain market, manufacturers based outside the Great Britain will be required to appoint a UK Responsible Person that is established in the UK. Requirements for appointing a UK Responsible Person to place devices on the Northern Ireland market are covered separately below. Importers and distributors will not be required to appoint a UK Responsible Person.
Manufacturers should aim to appoint their UK Responsible Persons as soon as possible, where required. The UK Responsible Person will then need to register relevant devices with the MHRA in line with the above grace periods depending on the device class.
The UK Responsible Person will act on behalf of the outside-UK manufacturer to carry out specified tasks in relation to the manufacturer’s obligations. This includes registering the manufacturer’s devices with the MHRA before the devices can be placed on the Great Britain market.
The responsibilities of the UK Responsible Person will be set out in the UK MDR 2002 (in the form in which they exist on 1 January 2021). In summary, in addition to the above registration requirements, the UK Responsible Person must:
It will be possible for an importer or distributor to act as a UK Responsible Person.
From 1 January 2021, the name and address of the UK Responsible Person, where applicable, will need to be included on product labelling where the UKCA mark has been affixed. UK Responsible Person details will not need to be included on labelling for CE marked devices.
In cases where the Great Britain importer is not the UK Responsible Person, the importer will be required to inform the relevant UK Responsible Person of their intention to import a device. In such cases, the UK Responsible Person will be required to provide the MHRA with a list of device importers. We will provide further guidance in due course.
Other than the above requirement, there will be no additional obligations on distributors or suppliers of medical devices as of 1 January 2021. Existing obligations around storage, transportation and checking device labels for the CE marking or UKCA marking will continue to apply. The importer’s name and address will not need to be present on the label unless the importer or distributor are acting as the UK Responsible Person. We will consult on any future changes to this.
The UKCA (UK Conformity Assessed) mark is a new UK product marking that will be used for certain goods, including medical devices, being placed on the Great Britain market after the transition period. The UKCA mark will not be recognised in the EU, EEA or Northern Ireland markets, and products currently requiring a CE marking will still need a CE marking for sale in these markets.
Manufacturers will be able to use the UKCA mark on a voluntary basis from 1 January 2021.
Where third party conformity assessment is required, a UK Approved Body will be needed. However, Class I device manufacturers will be able to self-certify against the UKCA mark from 1 January 2021.
See the guidance Using the UKCA mark from 1 January 2021 for further information.
UKCA mark requirements will continue to be based on the requirements of the relevant Annexes to the Directives listed below, which are given effect in UK law through the UK MDR 2002:
From 1 July 2023, a UKCA mark will be required in order to place a device on the Great Britain market.
From 1 January 2021, the MHRA will be able to designate UK Approved Bodies to conduct assessments against the relevant requirements for the purpose of the UKCA mark.
Existing UK Notified Bodies with designations under the EU MDD, EU IVDD or EU AIMDD will have their designations rolled over automatically, without having to undergo a new designation process.
For the purposes of the Great Britain market, UK Approved Bodies will only be able to conduct conformity assessments in relation to the UKCA mark, for medical devices, active implantable medical devices and in vitro diagnostic medical devices under Parts II, III, and IV of the UK MDR 2002 (in the form in which they exist on 1 January 2021). UK Approved Bodies will not be able to conduct conformity assessments in relation to the CE marking other than for the purposes of the “CE UKNI” marking, which will be valid in Northern Ireland. Please see guidance below on Northern Ireland for further information.
The government is setting up a new domestic UK database to replace the EU’s NANDO (New Approach Notified and Designated Organisations) Information System.
See the guidance Conformity assessment bodies: change of status from 1 January 2021 for further information.
Manufacturers of Class I medical devices and general IVDs will be able to self-declare their conformity against the EU MDD or EU IVDD as transposed by the UK MDR 2002 (in the form in which they exist on 1 January 2021), before affixing a UKCA mark and placing the device on the Great Britain market.
Class I medical devices that are sterile or have a measuring function will still require approval from a UK Approved Body in order to be affixed with the UKCA mark and placed on the Great Britain market.
We will continue to accept CE marked devices on the Great Britain market until 30 June 2023. This will apply to devices that have been CE marked under and fully conform with the following applicable EU legislation:
From 1 July 2023, new devices placed on the Great Britain market will need to conform with UKCA marking requirements.
If you currently CE mark your medical device on the basis of self-certification, you will be able to continue to do so after 1 January 2021 and place your device on the Great Britain market until 30 June 2023.
Certificates issued by EU-recognised Notified Bodies will continue to be valid for the Great Britain market until 30 June 2023.
From 1 January 2021 any mandatory third-party conformity assessment for the CE marking will need to be carried out by an EU-recognised Notified Body. This includes both EU-based Notified Bodies and Notified Bodies in countries which are listed on the EU’s NANDO Information System.
From 1 January 2021, under the UK MDR 2002 (in the form in which they exist on 1 January 2021), a CE marked device with a valid declaration of conformity or certificate will be viewed as meeting the UKCA mark requirements whilst the CE marking continues to be recognised in Great Britain (until 30 June 2023). This will include devices placed on the market that are:
Therefore, any enforcement or market surveillance powers available in respect of the UKCA mark will apply to CE marked devices placed on the Great Britain market. Where certificates have been issued by a UK Notified Body, the Notified Body will be re-designated as a UK Approved Body and will continue to oversee these devices and their manufacturers to ensure continued compliance with the applicable standards of safety and performance under the UKCA mark
As of 1 January 2021, medical devices placed on the Great Britain market will need to have either a UKCA mark or a CE marking, depending on which legislation the device has been certified under.
Where relevant, the number of the Notified Body or Approved Body will also need to appear on the label.
If you already have a valid CE marking on your device, you will not be required to re-label the device with a UKCA mark until 1 July 2023 for placement on the Great Britain market. Devices can have both marks present on the labelling prior to 1 July 2023, and dual marking will continue to be accepted on the Great Britain market after 1 July 2023. However, from 1 January 2021 the name and address of the UK Responsible Person, where applicable, will need to be included on product labelling where the UKCA mark has been affixed (including when devices have been dual marked).
Once a medical device has been placed on the UK market, the manufacturer will continue to be required to submit vigilance reports to the MHRA when certain incidents occur in the UK that involve their device. They must also continue to take appropriate safety action when required. The manufacturer will need to ensure their device meets appropriate standards of safety and performance for as long as it is in use.
Further information about reporting adverse incidents and corrective actions to the MHRA is available for manufacturers of medical devices.
Under the terms of the Northern Ireland Protocol, from 1 January 2021, the rules for placing medical devices on the Northern Ireland market will differ from those applicable to Great Britain.
There will be a requirement, in most cases, to register devices with the MHRA and have a UK Responsible Person if the manufacturer is based outside the UK, as set out below.
From 1 January 2021, the following requirements will apply to manufacturers placing medical devices on the Northern Ireland market:
Unlike Great Britain, the Medical Device Regulations (2017/745) and the in vitro Diagnostic Medical Device Regulations (2017/746) will apply in Northern Ireland from 26 May 2021, and 26 May 2022 respectively, in line with the EU’s implementation timeline.
Although the UKCA mark will be available for use in Great Britain from 1 January 2021, a CE marking will continue to be needed for devices placed on the Northern Ireland market and EU rules will need to be met.
If you currently CE mark your device on the basis of self-certification, you will be able to continue to do so from 1 January 2021 for the purposes of the Northern Ireland market.
From 1 January 2021, to place a CE marking on your device for circulation in both Northern Ireland and the EU, you must use an EU-recognised Notified Body to undertake any mandatory third-party conformity assessment. The results of conformity assessments carried out by UK Notified Bodies will not be recognised within the EU.
UK Notified Bodies will be able to conduct conformity assessments for the purposes of the Northern Ireland market.
In addition to the CE marking, device manufacturers will also need to apply the UKNI marking if they choose to use a UK Notified Body for mandatory third-party conformity assessment. Device manufacturers will never apply the UKNI marking on its own – it will always accompany a CE marking. To place goods on the EU market, manufacturers must use the CE marking on its own, without the UKNI marking. Goods bearing the “CE & UKNI” marking will not be accepted on the EU market.
In summary, you need to use the UKNI marking if:
The UKNI marking is sometimes referred to as the UK(NI) mark or the UK(NI) indication, including in Article 7(3) of the Northern Ireland Protocol. These terms refer to the same marking.
Further guidance on applying the UKNI marking will be available in due course.
After the transition period, most medical devices, IVDs and custom-made devices that are placed on the Northern Ireland market will need to be registered with the MHRA. Registration requirements will be subject to grace periods. The precise requirements will depend on the location of the manufacturer, the location of the Authorised Representative and the device class, as set out below. Please see the MHRA’s guidance on registrations for more information.
You will need to appoint a UK Responsible Person within the UK by 1 January 2021 for devices that are placed on the Northern Ireland market if you are an EU or EEA-based manufacturer. If you are a third country manufacturer that has an Authorised Representative based in the EU, you will also be required to appoint a UK Responsible Person.
The requirement to appoint a UK Responsible Person will not apply where:
Great Britain manufacturers will be required to appoint an Authorised Representative based in the EU or Northern Ireland in order to place a device on the Northern Ireland market. Where a Northern Ireland-based Authorised Representative is appointed, the Authorised Representative will need to register all device classes with the MHRA. Where an EU-based Authorised Representative is appointed, the manufacturer will need to register all device classes other than Class I devices, custom-made devices and general IVDs with the MHRA.
It will be possible for a single entity to act as both an Authorised Representative based in Northern Ireland and a UK Responsible Person.
The timelines for registering medical devices with the MHRA are set out below. Where applicable, Class I devices, custom-made devices and general IVDs must be registered from 1 January 2021. For other device classes there will be grace periods for registering as follows:
These new registration requirements will not apply until 1 January 2021 and, as noted, will be subject to the above grace periods.
In cases where the Northern Ireland importer is not the Northern Ireland-based Authorised Representative or the UK Responsible Person, the importer will be required to inform the relevant Northern Ireland-based Authorised Representative or UK Responsible Person of their intention to import a device. In such cases, the Northern Ireland-based Authorised Representative or UK Responsible Person will be required to provide the MHRA with a list of device importers.
The UK Government will guarantee unfettered access for Northern Ireland’s businesses to the rest of the UK internal market from 1 January 2021.
For medical devices, this means that any conformity mark held by a Northern Ireland business which validates a device for sale on the Northern Ireland market will be valid for the whole of the UK market. Therefore Northern Ireland businesses will be able to continue to place CE and CE UKNI marked devices on the Great Britain market after 30 June 2023.
In addition, if you are a Northern Ireland-based manufacturer and have already registered your device with the MHRA for the purposes of Northern Ireland, it can then be placed on the Great Britain market and will not need to undergo any further registration in Great Britain.
The MHRA will continue to be the Competent Authority for post-market surveillance activity for devices placed on the Northern Ireland market. Where incidents occur in Northern Ireland, these will need to be reported to the MHRA.
From 1 January 2021, devices destined for the EU market will need to adhere to the relevant EU legislation and be affixed with the CE marking to demonstrate compliance.
The UKCA marking will not be recognised on the EU market. Products currently requiring a CE marking will still need a CE marking for sale in the EU from 1 January 2021.
If you use a UK-based Notified Body to conduct any mandatory third-party conformity assessment for your device, the following will apply:
The results of mandatory conformity assessment carried out by UK Notified Bodies will not be recognised by the EU. This is the case even if the assessment is carried out before the end of the transition period, unless the product has already been placed on the EU market before 1 January 2021.
If you wish to place a medical device on the EU market after 31 December 2020 you will need to use an EU-recognised Notified Body where mandatory third party conformity assessment is required.
If you currently CE mark your medical device on the basis of self-certification, you will be able to continue to do so after 1 January 2021 for the purposes of the EU market, but will need to appoint an EU or Northern Ireland-based Authorised Representative.
Your UK Notified Body may already be taking steps of its own, so that you can continue to export to the EU without needing to find a new EU Notified Body yourself.
If not, you will need to either:
Great Britain-based Authorised Representatives will not be recognised in the EU from 1 January 2021, regardless of when products were placed on the market. This means that they will not be recognised as able to carry out tasks on the manufacturer’s behalf for the purposes of placing devices on the EU market.
If you are a manufacturer based outside the EU and you currently have a Great Britain-based Authorised Representative, you should appoint an Authorised Representative based in the EU or Northern Ireland.
If you are a Great Britain-based manufacturer and wish to continue to supply CE marked devices to the EU market, you will need to appoint an Authorised Representative based in the EU or Northern Ireland, to register and act on your behalf.
From 1 January 2021, you will need to ensure that your device meets EU labelling requirements in order to place it on the EU market. Both the CE and UKCA mark can be placed on a product so long as neither impedes the visibility of the other and both marking requirements are met. Devices placed on the Northern Ireland market from 1 January 2021 will also need to meet EU labelling requirements. However, such devices will need to be affixed with a CE UKNI mark if mandatory conformity assessment has been undertaken by a UK Notified Body.
Please direct any queries to devices.regulatory@mhra.gov.uk.
Published: 21st October 2020
Source: GOV UK, Medicines and Healthcare products Regulatory Agency
Page URL: https://www.gov.uk/guidance/regulating-medical-devices-from-1-january-2021
What action you need to take regarding data protection and data flows with the EU/EEA after the end of the transition period.
Find out what you need to do before the end of the transition period if you hold a .eu domain.
From 1 January 2021, you’ll no longer be able to register or renew .eu domain names if:
Read the latest .eu domain names notice from the European Commission.
You can only register or hold .eu domain names if you are:
If you already have a .eu domain or are considering obtaining one, you should check the eligibility criteria set out in Article 4(2)(b) of Regulation (EC) No 733/2002, as amended by Regulation (EU) 2019/517, and seek legal advice if necessary.
You may still satisfy the eligibility criteria if you have your registered office, central administration, or principal place of business within the EU/EEA, are established within the EU/EEA, or are a natural person resident in the EU/EEA.
The European Commission and EURid have confirmed that EU citizens who are resident in the UK will be able to retain their .eu addresses. If you are an EU citizen living in the UK and have registered a .eu domain name, discuss with your registrar whether you will need to provide proof of eligibility.
On 3 June 2020, EURid, the registry which is responsible for the day-to-day running of the .eu Top Level Domain, published guidance for UK registrants and the steps it will take around the end of the transition period. The notice states that:
Read the latest notice.
This list is not exhaustive, and you may also wish to consider and address any other areas that depend on your .eu domain name.
If you are a UK resident, company or organisation planning to acquire a .eu domain name, check whether you remain eligible from 1 January 2021.
Similar eligibility restrictions may apply to EU Member State Country Code Top Level Domains such as .fr or .it.
You should check with your registrar that you’re still eligible to retain the use of that domain from 1 January 2021.
The guidance takes into account the latest information published by EURid on 3 June 2020.
Read EURid’s notice of 3 June 2020 regarding EU Exit.
Published: 16th October 2020
Source: GOV UK, Department for Digital, Culture, Media & Sport
At the end of the transition period, the eCommerce Directive will no longer apply to the UK. You should begin to prepare for these changes now.
Rules relating to online activities in European Economic Area (EEA) countries may newly apply to UK online service providers who operate in the EEA from 1 January 2021.
The eCommerce Directive currently allows EEA online service providers to operate in any EEA country, while only following relevant rules in the country in which they are established. This framework will no longer apply to UK providers as the UK will have left the EEA
You should consider whether your services are currently in scope of the Directive, and if so, ensure that you are compliant with relevant requirements in each EEA country you operate in.
Depending on the nature of your online services you may already comply with these requirements. This could mean that there are little or no immediate changes you need to make to be compliant from 1 January 2021.
You may also wish to seek legal advice.
The government intends to fully remove the eCommerce Directive’s Country of Origin principle from UK legislation, to bring EEA online service providers in scope of UK laws, which they were previously exempt from. As this principle is found in a number of pieces of legislation it will be removed at different points, when parliamentary time allows.
1. Check whether you are in scope
The eCommerce Directive applies to ‘information society services’. These are defined as any service that is normally provided:
This covers the vast majority of online service providers, for example online retailers, video sharing sites, search tools, social media platforms and internet service providers.
2. Check where your service is based
The Directive refers to this as your ‘place of establishment’, and is the fixed establishment where you pursue your economic activity for an indefinite period of time. See paragraph (19) of the recitals to the Directive for further guidance.
3. Check for new legal requirements
If you are established in the UK, you should check for any legal requirements in any EEA countries you operate in. The rules that you may need to start following are those that fall within the Directive’s ‘coordinated field’. This covers legal requirements in individual EEA states which apply to information society services, for example, rules relating to:
UK online service providers may also become subject to ‘prior authorisation’ schemes, such as licensing requirements, in EEA countries where they operate.
The Directive does not cover:
4. More steps you can take to prepare for changes
We also recommend that you:
The eCommerce Directive also contains provisions relating to intermediary liability and prohibitions against imposing general monitoring obligations.
The Government has no current plans to change the UK’s intermediary liability regime or its approach to prohibition on general monitoring requirements.
The eCommerce Directive will continue to apply to the UK for the duration of the transition period, ending on 31 December 2020.
Published: 16th October 2020
Source: GOV UK, Department for Digital, Culture, Media & Sport
Find customs agents and fast parcel operators who can help submit customs declarations from 1 January 2021.
The UK has left the EU, and the transition period after Brexit comes to an end this year. Check the new rules from January 2021 and take action now. Your business, family, and personal circumstances will be affected.
Answer a few questions to get a personalised list of actions.
You can also sign up for emails to get updates for what you need to know.
Published: 12th October 2020
Find out about the trade agreements the UK has already signed and our discussions with countries the EU has a trade agreement with.
A guide to how the border with the European Union will work after the transition period.
Importing and Exporting Goods
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email publiccorrespondence@cabinetoffice.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.
On 1 January 2021 the transition period with the European Union will end, and the United Kingdom will operate a full, external border as a sovereign nation. This means that controls will be placed on the movement of goods between Great Britain and the EU.
To afford industry extra time to make necessary arrangements, the UK Government has taken the decision to introduce the new border controls in three stages up until 1 July 2021.
Published: 8th October 2020
Source: GOV UK, Cabinet Office
Guidance for industry and organisations to follow from 1st January 2021.
From 1st January 2021, the Medicines and Healthcare products Regulatory Agency (MHRA) will be the UK’s standalone medicines and medical devices regulator.
Transition from the EU allows the UK to offer fully independent regulatory decisions for both devices and pharmaceuticals, both nationally and in joint work with other international regulators.
Stakeholders need to get ready for new rules from 1st January 2021.
For enquiries relating to the Agency’s planning and procedures around the post-transition period, see our Contact Us page.
As well as the below guidance, the National Institute for Biological Standards and Control (NIBSC), one of the three centres of the MHRA, has published on information for manufacturers of biological medicines.
Guidance on substantial amendments to a clinical trial from 1 January 2021
Regulating medical devices from 1 January 2021
Supplying medicines to Northern Ireland from 1 January 2021
How the MHRA will manage orphan medicinal products from 1 January 2021 in Great Britain (GB)
Registering new packaging information for medicines from 1 January 2021
Handling of Active Substance Master Files and Certificates of Suitability from 1 January 2021
Reference Medicinal Products (RMPs) from 1 January 2021
Renewing Marketing Authorisations for medicines from 1 January 2021
Guidance on licensing biosimilars, ATMPs and PMFs from 1 January 2021
Comparator products in Bioequivalence/Therapeutic Equivalence studies from 1 January 2021
Importing medicines on an approved country for import list from 1 January 2021
List of approved countries for authorised human medicines from 1 January 2021
Acting as a Responsible Person (import) from 1 January 2021
Registering to make submissions to the MHRA from 1 January 2021
Webinars: preparing to make submissions to the MHRA from 1 January 2021
Guidance on pharmacovigilance procedures from 1 January 2021
Procedures for UK Paediatric Investigation Plan (PIPs) from 1 January 2021
Completed Paediatric Studies – submission, processing and assessment from 1 January 2021
Published: 1st October 2020
Source: GOV UK, Medicines and Healthcare products Regulatory Agency
The Department for International Trade has launched a dedicated Hub to provide businesses with trade support.
A new Trade Hub dedicated to helping businesses in Scotland thrive and grow internationally has been launched today, providing much-needed support for thousands of companies in economically challenging times.
Based in Edinburgh’s Queen Elizabeth House, a UK government HQ opened last month which will house 3,000 civil servants from multiple departments, the UK DIT’s new Scotland Hub will provide businesses with greatly increased trade support.
Through the Trade Hub, businesses will be able to utilise the UK government’s global networks, expertise and influence, as well as world-leading credit agency, UKEF, to grow their overseas trade and build back from the impact of coronavirus. Leveraging the strength and reach of the UK government, the hub will deliver effective services for people and businesses in Scotland.
UK Government Exports Minister, Graham Stuart MP, today met with Scottish businesses and representative organisations, including FSB Scotland, NFU Scotland, the Scottish Council for Development and Industry and others, to discuss the support available for companies in the region.
UK Minister for Exports, Graham Stuart MP said:
One of the UK Government’s key priorities is to champion all four parts of the UK and demonstrate how beneficial a strong Union is for all. This specialist Hub for Scotland will provide businesses with the support and guidance needed to boost their profits and harness their full potential.
Trade is crucial to the UK’s recovery from coronavirus and will be the foundation of our relationships across the globe after the transition period ends this year. I want to ensure that businesses in Scotland benefit from our new trade deals with the world’s biggest markets, as we remove barriers that they previously faced.
UK Government Minister for Scotland David Duguid said:
This new UK Government Trade Hub in Edinburgh is fantastic news for Scottish businesses. It will help them make the very most of the global trade opportunities once the EU transition period ends.
I urge Scottish businesses to work with the Trade Hub to expand their export business, especially Scotland’s famous food and drink sector. This is a real boost for Scottish produce. Recovering our economy from coronavirus is a national effort. We are working as one United Kingdom to support businesses in Scotland.
The Trade Hub will be based in Queen Elizabeth House, the UK government’s new flagship building in Edinburgh. It is a clear demonstration of our commitment to strengthening the Union and delivering for people in Scotland.
In another first, UKEF has appointed a specialist to focus on renewable exports and to support energy transition in Scotland, further demonstrating the continued commitment to supporting energy companies across Scotland and helping them succeed abroad.
Having previously worked to strengthen the outreach of UKEF’s regional network of Export Finance Managers, Alistair McMillan takes up this new role. He will support companies that wish to export renewables as well as those wishing transition from other forms of energy, using his 25 years of experience in the international finance and trade arenas.
The announcement follows the allocation of £2 billion of direct lending to green projects in the latest budget. This additional finance will support clean growth projects as global economies shift away from fossil fuels to renewable and low carbon solutions.
Gordon Welsh, Head of UKEF’s Business Group said:
I am pleased to make this announcement which demonstrates UKEF’s continuing commitment to energy transition and clean growth. We look forward to supporting energy companies across Scotland and helping them succeed abroad.
In Queen Elizabeth House, DIT will be joining the Office of the Secretary of State for Scotland, Office of the Advocate General, HMRC, HM Treasury, Cabinet Office, the Office for Statistics Regulation, the Information Commissioner’s Office, and the Government Actuary’s Department. Additional UK government departments are expected to confirm occupancy in the coming months.
The UK government building will be fully occupied as soon as it is safe to do in a Covid-secure way.
Work is also underway to set up a flagship UK government building in Glasgow. The Edinburgh and Glasgow buildings are part of the UK government’s commitment to delivering excellent public services for people in Scotland, building a strong civil service outside London and leading the way in local regeneration.
Published: 29th September 2020
Source: GOV UK, Department for International Trade, UK Export Finance, Office of the Secretary of State for Scotland, David Duguid MP, and Graham Stuart MP
If you move goods between Great Britain and Northern Ireland the Trader Support Service will guide you through any changes due to the implementation of the Northern Ireland Protocol.
The Northern Ireland Protocol comes into force on 1 January 2021.
There will be changes to the way goods move between Great Britain and Northern Ireland.
You may want to sign up for the free Trader Support Service which:
It can help if you:
Sign up now using the Trader Support Service website.
Published: 28th September 2020
Source: GOV UK, HM Revenue & Customs
The government is urging businesses to sign up to new Trader Support Service with fewer than 100 days until end of Transition period.
The new Trader Support Service is now live for business, providing education and guidance for traders moving goods under the Northern Ireland Protocol, including between Great Britain and Northern Ireland.
Tens of thousands of traders will start to receive emails and letters from today (28 September 2020), with details on the launch of the Trader Support Service and its benefits for UK businesses.
The free-to-use digital service will help businesses and traders of all sizes to navigate the changes to the way goods move once the Northern Ireland Protocol comes into effect on 1 January 2021.
Traders who sign up to the Trader Support Service will be guided through the new processes under the Northern Ireland Protocol and can also use it to complete digital declarations.
The service will:
The Chancellor of the Duchy of Lancaster, Michael Gove MP, said:
The new free-to-use Trader Support Service, launching today, will provide crucial support and guidance to businesses moving goods under the Northern Ireland Protocol.
Backed by up to £200 million of UK government funding, it reflects our deep commitment to support the Northern Ireland economy and protect the Belfast (Good Friday) Agreement.
With little over 3 months to go until the end of the transition period, it is vital that traders sign up and take advantage of the scheme, so that they can continue to trade seamlessly and seize new opportunities on 1 January 2021.
Secretary of State for Northern Ireland, Brandon Lewis MP, said:
Today’s launch of the Trader Support Service underlines the UK government’s continued commitment to ensuring Northern Ireland’s businesses get the support they need as we approach the end of the Transition period.
I urge traders to sign up to this free service to take advantage of import processes being dealt with on their behalf, to seek advice on what the Northern Ireland Protocol means for their business and to understand what steps they need to take.
Seamus Leheny, Policy Manager, Logistics UK, said:
We are delighted to see the launch of the Trader Support Service, which should help Northern Ireland business transition to new trading arrangements, protect continuity of trade and help ensure EU Exit is a success for the Northern Ireland economy.
The Trader Support Service will be delivered by a consortium led by Fujitsu, which was selected as the supplier following an open and transparent procurement process.
Traders choosing to sign up for Trader Support Service can do so at GOV.UK. They will receive full guidance and support on the next steps to take ahead of January 1, 2021.
The consortium delivering the Trader Support Service has expertise across the range of services needed to make it an effective and successful service. This includes the Institute of Export & International Trade, an existing provider of customs education, and the Customs Clearance Consortium, an established customs intermediary.
Recruitment is now commencing for a range of positions to deliver the Trader Support Service, creating employment and training opportunities across the UK.
Educational material will also be available via the Trader Support Service to those importing goods into Northern Ireland from the rest of the world.
Under the Northern Ireland Protocol, all Northern Ireland businesses will continue to have unfettered access to the whole UK market.
Published: 28th September 2020
Source: GOV UK, Cabinet Office, HM Revenue & Customs, The Rt Hon Michael Gove MP, & The Rt Hon Brandon Lewis MP
Learn more about trading with the EU from 1 January 2020.
From 1 January the way we trade with the EU will change. To buy or sell from the EU you will need to follow new customs rules or you will not be able to continue to trade. These important actions are required regardless of the outcome of negotiations with the EU and whether or not the government secures a Free Trade Agreement.
Find out what you need to do to:
Watch the videos to learn more about the support available to help you continue to trade with the EU.
This video takes you through:
This video takes you through:
This video takes you through:
Published: 23rd September 2020
Source: GOV UK, Cabinet Office
HMRC letters to VAT-registered businesses in Great Britain trading with the EU and/or the rest of the world, highlighting actions they need to take to continue trading with the EU from 1 January 2021.
This information applies to: Wales, England, and Scotland
These letters have been sent to VAT-registered businesses in Great Britain trading with the EU, or the EU and the rest of the world.
They explain what businesses need to do to prepare for new processes for moving goods between Great Britain and the EU from 1 January 2021, including:
These actions will not change regardless of the outcome of the government’s negotiations with the EU. Businesses can keep up to date with these changes by registering for HMRC’s email updates.
Published: 14th September 2020
Source: GOV UK, HM Revenue & Customs
Page URL: https://www.gov.uk/government/publications/letters-to-businesses-about-new-trade-arrangements-with-the-eu-from-1-january-2021?utm_source=59324bea-5bc7-439a-b71a-3325d4a096d6&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
This collection brings together Customs, VAT and Excise EU Exit legislation and Customs notices that have the force of law applicable to UK transition.
Find out if you will need to use the new UKCA marking and how to use it.
What you need to do to comply with regulations on manufactured goods you place on the GB market from 1 January 2021.
There’s different guidance if you’re:
If you have already placed your good on the UK market (or in an EU country) before 1 January 2021, you do not need to do anything.
Businesses are encouraged to be ready for full implementation of the new UK regime as soon as possible after 1 January 2021. However, to allow businesses time to adjust, CE marked goods in scope of this guidance that meet EU requirements (where these match UK requirements) can continue to be placed on the GB market until 1 January 2022 where EU and UK requirements remain the same. This includes goods which have been assessed by an EU recognised notified body. There are some exceptions to this guidance, highlighted below.
What you will need to do from 1 January 2021 depends on the type of goods you’re placing on the market.
Most of this page covers goods often known as new approach goods.
There are different rules for:
Speak to your solicitor or trade association if you are unsure which regulatory framework applies to your goods.
You must follow different rules if you’re placing the following goods on the UK market:
You must make sure that your goods meet UK rules. You’ll need to do this even if they were previously sold in an EU country.
Check the UK product safety rules to find out what you need to do.
There are also special rules if you’re placing the following goods on the UK market:
You need to use a conformity mark if you’re placing certain goods on the UK market. Before 1 January 2021 you can do this using the CE mark or other appropriate mark (such as the wheel marking or Pi mark).
From 1 January 2021, the UKCA mark will be the conformity assessment marking for Great Britain for most goods currently subject to CE marking.
The CE marking will be accepted in the UK until 1 January 2022 for certain products. You must be ready to use the UKCA marking from 1 January 2022 at the latest, although you should look to use the UKCA marking as soon as possible.
You will need to use the new UKCA marking immediately after 1 January 2021 if all of the following apply. Your product:
This does not apply to existing stock, for example if your good was fully manufactured and ready to place on the market before 1 January 2021.
Contact your solicitor or trade association for advice on whether your good will be affected.
Find out how to use the UKCA marking.
CE marking for the GB market
You will be able to use the CE marking until 31 December 2021 if any of the following apply:
You can only place CE marked goods that meet EU requirements in Great Britain while UK and EU requirements are the same. This will be the case on 1 January 2021 and there are no UK plans to diverge at this time. Nonetheless you are encouraged to be ready as soon as possible, and by 1 January 2022 at the latest. If the EU changes their rules and you CE mark your goods based on new EU rules which are different from the requirements in the UK, you will no longer be able to use the CE marking in the UK. This will be the case even if the change happens before 1 January 2022.
Find out how to use the CE marking.
CE marking for both the GB and EU market
The UKCA marking will not be recognised on the EU or Northern Ireland markets. Products currently requiring a CE marking for sale in the EU will continue to need a CE mark.
You will not need to take any action from 1 January 2021 if either of the following apply:
You may need to take additional action if your good needs third-party conformity assessment.
Check whether your UK notified body is taking steps that help you continue to export to the EU without needing to find a new EU notified body.
If not, you may need apply for a new certificate from an EU notified body. Your existing notified body should provide another body of your choice information relating to your conformity assessments in order to facilitate this.
Speak to your testing body or solicitor for advice on how conformity processes for your good will be affected.
Find out how to use the CE marking.
Goods can carry both the CE and UKCA markings so long as they are fully compliant with both UK and EU regulations.
From 1 January 2021 the essential requirements and standards that can be used to demonstrate conformity with them for UKCA marked goods will be the same as they are now. That means that if your goods is currently made to the technical requirements necessary for CE marking then it will be made to the same technical requirements that will exist for UKCA marking from 1 January 2021. However, the conformity assessment bodies that test them may need to be different.
Authorised representatives and responsible persons based in the EU will no longer be recognised in Great Britain from 1 January 2021.
If you need to (or choose to) use an authorised representative or responsible person, they will need to be based in the UK for products being placed on the GB market.
Your legal obligations will remain largely unchanged from 1 January 2021.
You’ll need to confirm whether you or your supplier will become an ‘importer’ after 1 January 2021.
You’ll become an importer if you’re the one bringing goods into the UK from outside the UK and placing them on the market in Great Britain.
You’ll need to make sure:
Existing stock that has been fully manufactured and conformity marked can still be placed on the GB market after 1 January 2021 with existing markings and notified body numbers. This is true even if this would otherwise not be the case.
For example, a product covered by a UK certificate of conformity, and which would normally need UKCA marking after 1 January 2021, can still be sold in the UK with a CE marking so long as it is from pre-existing stock fully manufactured before 31 December 2020.
The table below lists the current EU legislation for specific goods, and the title of the corresponding UK legislation.
Published: 1st September 2020
Source: GOV UK, Department for Business, Energy & Industrial Strategy
What you need to do to comply with regulations on manufactured goods you place on the market from 1 January 2021.
There’s different guidance if you’re:
If you’ve already placed your goods on the market in an EU country (or in the UK) before 1 January 2021, you do not need to do anything.
What you will need to do from 1 January 2021 depends on the type of goods you’re placing on the market.
Most of this page covers goods known in the EU as new approach goods, which can use the CE marking.
There are different rules for:
Speak to your solicitor or trade association if you are unsure which regulatory framework applies to your goods.
You must follow special rules if you’re placing these goods on the EU market.
Check the European Commission’s website for the latest information.
You must make sure that your goods meet the requirements of the first EU or EEA country in which you are placing them on the market.
Check the national regulations of the relevant EU/EEA country to find out what you need to do.
You will not need to change your conformity assessment for exports to the EU if:
Find out how to use the CE marking.
From 1 January 2021 any mandatory conformity assessment will need to be carried out by an EU-recognised conformity assessment body. This includes both EU based bodies and bodies in countries with which the EU has concluded a mutual recognition agreement.
UK conformity assessment bodies will no longer be able to carry out mandatory conformity assessment for products being placed on the EU market unless agreed in negotiations.
Speak to your testing body or solicitor for advice on how conformity processes for your good will be affected from 1 January 2021.
Check whether your UK notified body is taking steps of its own, so that you can continue to export to the EU without needing to find a new EU notified body yourself.
If not, you will need to either:
If you transfer your existing certificate to an EU notified body then you will need to update the 4-digit notified body number on your products. You will not need to do this for products already on the market or which were manufactured before the transfer took place.
You will eventually need separate certificates for the UK and EU. You should speak to both your existing and new body to make arrangements that mean you will be covered for both markets in the future. If you transfer your certificate to the EU without doing this you may not be able to continue selling your goods in the UK from 1 January 2022 without having your product reassessed. This process may take a long time so you should start now.
EU and UK notified bodies are required to share information when requested by a certificate holder. This will help facilitate the issuing of new certificates of conformity where needed.
Authorised representatives and responsible persons based in Great Britain will no longer be recognised by the EU from 1 January 2021.
If you’re required to, you will need to appoint an authorised representative or responsible person based in the EU, EEA or Northern Ireland.
From 16 July 2021 you will need to appoint an authorised representative based in the EU or EEA if you sell goods without using an importer or fulfilment service provider. For example if you sell online and ship directly to the end user.
Your legal obligations will remain largely unchanged from 1 January 2021.
If you have an EU based distributor they will become an ‘importer’ from 1 January 2021.
They will need to make sure:
From 16 July 2021, if you use an EU-based fulfilment service provider, they will need to request certain compliance information from you, and goods will need to be labelled with their details.
They may ask that you appoint an authorised representative who can fulfil these obligations instead.
This guidance is based on information published by the European Commission. For the latest updates on the EU’s requirements please consult the European Commission’s website.
Publised: 1st September 2020
Source: GOV UK, Department for Business, Energy & Industrial Strategy
Page URL: https://www.gov.uk/guidance/placing-manufactured-goods-on-the-eu-market-from-1-january-2021?utm_source=e3ecaa9a-e445-40ca-bf8e-624cbd7c4042&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
The UK has left the EU, and the transition period after Brexit comes to an end this year.
Click Here to check GOV UK for updates to this information.
Check what else you need to do during the transition period.
Find out how this would affect:
19 August 2020
On 7 July 2020, the European Commission published a notice to stakeholders advising on technical issues in relation to the end of the transition period. We have updated this guidance note to reflect key developments.
22 April 2020
The deadlines for submission of Verified Annual Emissions Report for 2019 emissions (31 March 2020) and surrender of equivalent allowances to 2019 verified emissions (20 April 2020) still apply for participating UK operators.
31 January 2020
The EU ETS will continue for the 2019 and 2020 compliance years during the transition period from 1 February 2020 to 1 January 2021.
5 November 2019
Updated with the latest information on the introduction of the Carbon Emissions Tax.
4 October 2019
Updated with more details on the Carbon Emissions Tax and with more specific information for aviation operators.
9 August 2019
Added summary of actions.
29 July 2019
Updated to confirm start date of the Carbon Emissions Tax; and to update the information on the Kyoto Protocol National Registry.
12 April 2019
The 2018 compliance deadline to surrender allowances for the EU Emissions Trading Scheme (ETS) is 30 April 2019.
The Carbon Emissions Tax will not be commencing on 15 April 2019. Further information on the implications of the extension for carbon pricing will be set out in due course.
29 March 2019
The 2018 compliance deadline to surrender allowances for the EU ETS is 10:59pm on 12 April 2019. If Brexit day is changed again, the compliance deadline will be 30 April 2019 (or immediately before exit in the event that exit day is before 1 May 2019).
11 March 2019
The 2018 compliance deadline to surrender allowances for the EU ETS is being extended from 15 March 2019 to 26 March 2019.
28 February 2019
We have added guidance for UK businesses providing EU ETS verification services to operators in EU countries.
Published: 19th August 2020
Source: GOV UK, Department for Business, Energy & Industrial Strategy
This guidance provides support for businesses engaging in new processes under the Northern Ireland protocol.
At the end of the transition period, the Northern Ireland Protocol (‘the Protocol’) will take effect. The Protocol is a
practical solution to avoid a hard border with Ireland whilst ensuring the UK, including Northern Ireland, leaves the
EU as a whole, enabling the entire UK to benefit from future Free Trade Agreements. There will be special provisions
which apply only in Northern Ireland while the Protocol is in force.
Published: 7th August 2020
Source: GOV UK, Cabinet Office
What UK businesses can do now to get ready for 2021.
The Northern Ireland Protocol to the Withdrawal Agreement was designed as a practical solution to avoid a hard border on the island of Ireland,
whilst ensuring that the UK, including Northern Ireland, could leave the EU as a whole.
The UK’s approach to the Northern Ireland Protocol outlines how the protocol can be implemented in a way that would protect the interests of
the people and economy of Northern Ireland, ensure the effective working of the UK’s internal market, provide appropriate protection for the EU
Single Market and uphold the rights of all Northern Ireland’s citizens.
Until negotiations with the EU conclude, there will be some areas without complete certainty, but full guidance will be provided by the end of the
transition period.
Published: 7th August 2020
Source: GOV UK, Cabinet Office, Northern Ireland Office, and Government Digital Service
Find out how you can register an interest in the Trader Support Service and keep up to date with other changes due to the implementation
of the Northern Ireland Protocol.
At the end of the transition period when the Northern Ireland Protocol comes into force there will be changes to the way goods move between
Great Britain and Northern Ireland.
If your business is impacted by these changes, you may want to consider the Trader Support Service. It can help you if you:
The Trader Support Service will be free to use and will guide you through any changes to the way goods move between Great Britain and
Northern Ireland, and into Northern Ireland from outside the UK. You can also use it to get declarations completed on your behalf.
Further information is available for UK businesses moving goods into, out of, or through Northern Ireland.
To register an interest in the Trader Support Service, fill in the form below, save it, then email it to: hmrctraders@hmrc.gov.uk.
This will also help us identify businesses that currently move goods between Great Britain and Northern Ireland.
Published: 7th August 2020
Source: GOV UK, HM Revenue & Customs
Page URL: https://www.gov.uk/guidance/trader-support-service
Chancellor of the Duchy of Lancaster, Michael Gove, and the Secretary of State for Northern Ireland, Brandon Lewis,
announce a major £650m package of investment.
On a visit to Northern Ireland today (Friday 7 August), Chancellor of the Duchy of Lancaster, Michael Gove, and the Secretary
of State for Northern Ireland, Brandon Lewis, will announce a major £650m package of investment to help traders in Northern
Ireland, and support peace, prosperity and reconciliation projects on the island of Ireland.
At the centre of this package is a new, free-to-use Trader Support Service (TSS) – an end-to-end support service to deal with
import and safety and security declarations on behalf of traders.
The new service will be available to businesses bringing in goods from Great Britain or the rest of the world, providing
guidance as well as dealing with their requirements for moving goods into Northern Ireland.
A procurement exercise for the service has now been launched. We have committed £50m of funding for the establishment
and first phase of the service, with the full contract to be worth up to £200m. Businesses in Northern Ireland can sign up for
further information about the scheme on GOV.UK from today, before it becomes operational in September.
The service is outlined as part of the publication of new guidance on the Northern Ireland Protocol for businesses moving
goods into and from Northern Ireland. The new online pages have been added to gov.uk/transition and will be updated as
implementation work and UK-EU discussions proceed as part of the Withdrawal Agreement Joint Committee.
This provides further clarity to businesses following the publication of the Government’s Command Paper in May, with
additional details to be outlined as work proceeds in the coming months to support preparations for the end of the transition
period.
The Chancellor of the Duchy of Lancaster and the Secretary of State also confirmed £300m of funding to the PEACE Plus
programme to support peace and reconciliation across the island of Ireland.
Chancellor of the Duchy of Lancaster, Michael Gove, said:
Today’s £650 million investment underlines our absolute commitment to the people and businesses of Northern Ireland as
we move towards the end of the transition period.Our new free-to-use Trader Support Service will provide vital support and guidance to traders, while our £300 million
investment in reconciliation projects will help to preserve the huge gains from the peace process and the Belfast
(Good Friday) Agreement.As part of our ongoing engagement with Northern Ireland businesses and the Executive, we are also publishing further
guidance for businesses on the operation of the Protocol.As we continue to engage with businesses and our discussions with the EU proceed, we will update these resources to
ensure that traders are ready for the end of the transition period.
The Secretary of State for Northern Ireland, Brandon Lewis, said:
Businesses have always been at the heart of our preparations for the end of the transition period. This new Trader Support
Service backed by funding of up to £200m reinforces this approach – it is a unique service that will ensure that businesses
of all sizes can have import processes dealt with on their behalf, at no cost.We recognise the importance of clarity and certainty for businesses which is why, as our discussions with the EU continue,
the Business Engagement Forum will remain a vital forum to bring together the UK Government and the NI Executive with
businesses across NI and their representatives to make sure they have the information they need to support their preparations.We also recognise that the Protocol is about more than maintaining the critical economic links that exist across our
United Kingdom, so I am proud that we have committed to provide £300 million to the PEACE Plus programme, which
does such important work across the island of Ireland to promote peace and reconciliation.
Published: 7th August 2020
Source: GOV UK, Cabinet Office, Northern Ireland Office, The Rt Hon Michael Gove MP & The Rt Hon Brandon Lewis MP
This writing is intended to share information with you on the end of the Transition Period (TP) on 31 December 2020 as it relates to the continuity of the supply of medicines and medical products to the UK.
This follows the Government’s recent confirmation that the TP will cease as planned on 31 December 2020 and there will be no extension.
Published: 3rd August 2020
Source: Department of Health and Social Care Newsletter
Government contacts that supply businesses can use to keep medical products flowing into the UK after 31 December 2020.
Read about the government’s plan to introduce import controls on EU goods after 31 December 2020.
Business can prepare for border controls by making sure they have an Economic Operator Registration and Identification
(EORI) number and looking into how they want to make declarations, such as using a customs agent.
The government will ensure the facilitation currently available to rest-of-world traders will also be open to those trading
between Great Britain and the EU.
The government has already announced it will implement new border controls in 3 stages leading up to full implementation in
July 2021. Details are set out in the Border Operating Model, published on 13 July 2020.
Published: 3rd August 2020
Find out what grants you can apply for to get funding for recruitment, training and IT improvements if your business completes customs
declarations.
You can apply for 3 grants to help your business complete customs declarations.
You can apply to get funding for:
Your business must:
In addition, your businesses must meet one of the descriptions below:
You must use the funding to cover the recruitment and salary costs of new employees, where the new employee started on or after 12
June 2020, who will help your business complete customs declarations.
You can also use the funding to cover the salary costs of employees who are redeployed from another part of your business in order to
undertake customs declarations. These employees new roles must increase the capacity of the company to deal with customs declarations.
The training must give you or your employees the skills to:
The training does not have to lead to a formal qualification.
If you want to arrange the training internally, you can use the funding for the cost of delivering the training, like related stationery, room hire,
catering and travel and subsistence costs.
If the training will be delivered by an in-house trainer, you can also use the funding to cover the (reasonable) day rate of the trainer.
You cannot use the funding for other unrelated training
You can also use the grant to reimburse what your business has spent on relevant training since 12 June 2020.
You must use the funding to buy software that will help your business to complete customs declarations more efficiently.
It must be a ready-made solution – you cannot use the funding to commission bespoke software.
You can also use the funding to:
You cannot use the funding for unrelated networking costs.
You can also use the grant to reimburse what your business has spent on relevant IT improvements since 12 June 2020.
The grant will give you £3,000 towards recruitment costs for each new employee. Upfront recruitment costs will not be covered for an
employee redeployed from another part of the business, unless this is part of an external recruitment campaign.
You could also get up to £12,000 to cover the salary costs for each new or redeployed employee.
The grant will give you up to 100% of the actual costs of externally-provided training for your employees, up to a limit of £1,500 for each
employee on the course.
It will also cover the cost of training you run internally, up to a limit of £250 for each employee on the course.
The grant will give you 100% of the costs relating to your IT expenditure to improve the efficiency of making customs declarations.
These grants will give you up to 200,000 euros, which is (the maximum amount of state aid available). This limit applies to the total of all grants
applications received in the last three years.
When you apply, you’ll be asked for your business’s:
You’ll also need to provide information about what you’ll use the funding for and advise us of your expected growth in capacity to complete customs declarations or take on new clients.
You’ll be asked to complete an application setting out how the money will be used. You’ll need to give information about:
You’ll be asked for:
You’ll be asked for:
PricewaterhouseCoopers (PwC) is administering the grants for HMRC.
If your application is successful you’ll get a grant offer letter.
You will receive the funding for the cost of recruitment and then 50% of the eligible salary costs once the grant offer is issued. The remaining
50% of salary costs will be paid when you have provided the new employee’s contract (signed and dated) and first payslip.
You’ll need to submit proof of how much you’ve spent on IT improvements or training within 2 months of getting the grant offer letter.
You’ll then get the grant within 30 days. It’ll be paid by BACs to a UK bank account in the name of the person or organisation who applied.
Following a successful grant application we will contact you for further information to check how the funding has supported your organisation
to deliver its plans.
When calculating your business’s taxable profits, you need to match the treatment of the grant to the expense covered by the grant.
For example, if the training expense is deductible, then you should include the amount of grant in your calculation of taxable profits so that the
expense is offset.
If your business has spent more on capital expenditure (like IT equipment) than is covered by the grant, you can get capital allowance on the
amount not covered by the grant.
Your business cannot get capital allowance on the amount of grant covering the cost of your business’s capital expenditure.
Published: 29th July 2020
Source: GOV UK, HM Revenue & Customs
Images, branding and other communication resources for the UK Transition campaign in England, Wales, Scotland and Northern Ireland.
Border Operating Model published to provide clarity and certainty for traders and the border industry.
Following extensive engagement with industry the Government is today (Monday 13 July) publishing the Border Operating Model. The Model provides clarity and certainty for the border industry and businesses, including technical detail on how the border with the European Union (EU) will work after the transition period and the actions that traders, hauliers, ports and carriers need to take.
On December 31st 2020 the transition period with the EU will end, and the UK will operate a full, external border as a sovereign nation. This means that controls will be placed on the movement of goods between Great Britain (GB) and the EU.
Recognising the impact of coronavirus on businesses’ ability to prepare, the government took the decision in June to introduce border controls on imports coming into GB from the EU in three stages up until 1 July 2021. This flexible and pragmatic approach gives industry sufficient time to make necessary arrangements and prepare.
As part of these preparations, an unprecedented £705 million has been announced for new infrastructure, jobs and technology to ensure GB border systems are fully operational when the UK takes back control of its border after the end of the transition period. This will include £470 million to build infrastructure such as border control posts, and £235m for IT systems and around 500 more Border Force personnel to ensure our borders are safe and secure.
This is the first time the Government has published an operating model for the border. It covers all of the processes and systems, across all government departments, that will be used at the border. It provides clarity on the end to end journey for moving goods across the border – with information about controlled goods and new government systems that will support trade. The Border Operating Model will lay the groundwork in support of the Government’s objective to have the world’s most effective border by 2025.
Chancellor of the Duchy of Lancaster Michael Gove said:
The publication of the Border Operating Model is an important step which gives business the certainty and direction they need to prepare for the end of the transition period when the UK becomes an independent trading nation for the first time in nearly 50 years.
We are committed to working closely with businesses and the border industry to help deliver not just a fully operational border at the end of the transition period, but also the world’s most effective and secure border by 2025.
There are a number of actions traders need to take to prepare for the end of the transition period, including:
The full Border Operating Model will be published on GOV.UK and you can check what actions your business needs to take to trade with the EU at gov.uk/transition.
Published: 13 July 2020
Source: GOV UK, Cabinet Office
Information for traders on importing and exporting goods between Great Britain and the EU after 1 January 2021.
Following the end of the Transition Period on 31 December 2020, the process of importing and exporting goods between Great Britain and the EU will change.
If you trade with the EU, the 2 documents on this page will help you prepare for these changes so you can continue to trade.
Whether you’re completing the customs declarations yourself or have an intermediary to do it for you, these guides will take you through each step and set out your options.
The documents set out the information in the form of a ‘journey’, so that you can clearly see every step you need to take to ensure that your goods are transported successfully.
Published: 13th July 2020
Source: GOV UK, HM Revenue & Customs
At the end of the transition period, the eCommerce Directive will no longer apply to the UK. Rules relating to online activities in
European Economic Area (EEA) countries may newly apply to UK online service providers who operate in the EEA from 1 January
2021. You should begin to prepare for these changes now.
The eCommerce Directive applies to ‘information society services’. This covers the vast majority of online service providers, for
example online retailers, video sharing sites, search tools, social media platforms and internet service providers. The Directive
currently allows EEA online service providers to operate in any EEA country, while only following relevant rules in the country in
which they are established. This framework will no longer apply to UK providers as the UK will have left the EEA.
Published: 13th July 2020
Source: Business Readiness Bulletin – UK Transition Issue 48
You can record goods in your own records and make a supplementary declaration up to 6 months later. You will not need to submit an entry summary declaration.
What UK businesses can do now to get ready for 2021.
The Northern Ireland Protocol to the Withdrawal Agreement was designed as a practical solution to avoid a hard border on the island of Ireland,
whilst ensuring that the UK, including Northern Ireland, could leave the EU as a whole.
The UK’s approach to the Northern Ireland Protocol outlines how the protocol can be implemented in a way that would protect the interests of
the people and economy of Northern Ireland, ensure the effective working of the UK’s internal market, provide appropriate protection for the EU
Single Market and uphold the rights of all Northern Ireland’s citizens.
Until negotiations with the EU conclude, there will be some areas without complete certainty, but full guidance will be provided by the end of the
transition period.
Published: 10th July 2020
Source: GOV UK, Cabinet Office, Northern Ireland Office, & Government Digital Service
Rules relating to online activities in European Economic Area (EEA) countries may newly apply to UK online service providers who operate in
the EEA from 1 January 2021.
The eCommerce Directive currently allows EEA online service providers to operate in any EEA country, while only following relevant rules in
the country in which they are established. This framework will no longer apply to UK providers as the UK will have left the EEA
You should consider whether your services are currently in scope of the Directive, and if so, ensure that you are compliant with relevant
requirements in each EEA country you operate in.
Depending on the nature of your online services you may already comply with these requirements. This could mean that there are little or no
immediate changes you need to make to be compliant from 1 January 2021.
You may also wish to seek legal advice.
The government intends to fully remove the eCommerce Directive’s Country of Origin principle from UK legislation, to bring EEA online service
providers in scope of UK laws, which they were previously exempt from. As this principle is found in a number of pieces of legislation it will be
removed at different points, when parliamentary time allows.
1. Check whether you are in scope
The eCommerce Directive applies to ‘information society services’. These are defined as any service that is normally provided:
This covers the vast majority of online service providers, for example online retailers, video sharing sites, search tools, social media platforms
and internet service providers.
2. Check where your service is based
The Directive refers to this as your ‘place of establishment’, and is the fixed establishment where you pursue your economic activity for an
indefinite period of time. See paragraph (19) of the recitals to the Directive for further guidance.
3. Check for new legal requirements
If you are established in the UK, you should check for any legal requirements in any EEA countries you operate in. The rules that you may
need to start following are those that fall within the Directive’s ‘coordinated field’. This covers legal requirements in individual EEA states
which apply to information society services, for example, rules relating to:
UK online service providers may also become subject to ‘prior authorisation’ schemes, such as licensing requirements, in EEA countries
where they operate.
The Directive does not cover:
4. More steps you can take to prepare for changes
We also recommend that you:
The eCommerce Directive also contains provisions relating to intermediary liability and prohibitions against imposing general monitoring
obligations.
The Government has no current plans to change the UK’s intermediary liability regime or its approach to prohibition on general monitoring
requirements.
The eCommerce Directive will continue to apply to the UK for the duration of the transition period, ending on 31 December 2020.
Published: 6th July 2020
Source: GOV UK, Department for Digital, Culture, Media & Sport
When you have prepared your business for using Union and Common Transit, you must prepare your goods.
If you haven’t already, check if using Union and Common Transit it right for you.
You need to plan the route your goods will take and choose the:
Your goods must go to the offices of transit at border crossing points every time they enter a different customs territory along your selected route.
For Union and Common Transit, the different customs territories are:
You do not need to go to an office of transit when your goods cross the border between the UK and EU or when your goods cross the borders between
EU countries.
Check the list of offices of transit for each country.
You’ll need to submit a UK export declaration before completing your transit declaration if your goods are:
After you have submitted your export declaration you will need to complete a transit declaration.
You’ll need to know what status your goods have under transit.
Your goods are T1 status if they are:
Your goods are T2 status if they are union goods going:
Your goods are T2F status if they are union goods going to EU special territories.
To fill in the transit declaration, you’ll need the reference numbers for:
Find the reference numbers for offices of departure, transit and destination.
If you are using an authorised consignor or consignee they will give you the reference number.
You’ll also need:
If you do not need to submit an export declaration and your goods are moving through a Common Transit country (apart from just Norway or
Switzerland), you will need to include safety and security data on your transit declaration or you must submit an exit summary declaration.
When you have submitted your transit declaration, the system will give you a movement reference number (also known as master reference number)
for the transit movement which you should keep a copy of.
If you can print barcodes, print off the transit accompanying document. If you cannot print barcodes the office of departure or authorised consingor
will print it for you.
Start the movement of your goods at either:
At the office of departure or authorised consignor, your goods must be presented with the transit accompanying document.
If you’re unable to print the transit accompanying document at your premises, present your goods with the movement reference number from your
transit declaration and your local reference number. The office of departure or authorised consignor will then print the document for you.
These documents must be with your goods at all times:
You must tell the haulier to present your goods with all accompanying documents to the offices of transit listed on the transit declaration.
The haulier must present your goods with all accompanying documents, at either:
Even if your goods have been presented to an office of transit at the border in the country of destination, the haulier must still go to an office of
destination or premises of an authorised consignee.
Your guarantee will be released when customs end the transit movement.
The transit manual and transit manual supplement contain more information on Union and Common Transit.
Published: 30th June 2020
Source: GOV UK, HM Revenue & Customs
Guidance for businesses holding registered Community designs and international trade marks and designs after the end of the
transition period.
This guidance explains the changes to UK law as a result of the Withdrawal Agreement, that preserve existing design and
international rights. It also covers other legislative changes required to effectively administer and implement the new rights.
Designs are a form of intellectual property. They protect the appearance of the whole or part of a product resulting from the
features of, in particular, its lines, contours, colour, shape, texture, materials and ornamentation.
A design can be protected if it is new and has individual character compared to designs that are already in the public domain.
Trade marks enable consumers and businesses to differentiate the goods and services of one trader from another. They
commonly take the form of words, logos, or a combination of both.
Trade marks are registered rights, with protection in the UK granted by the Intellectual Property Office (IPO), the European Union
Intellectual Property Office (EUIPO), or via an international registration filed under the Madrid Protocol at the World Intellectual
Property Organisation (WIPO).
At the end of the transition period (1 January 2021), registered Community designs (RCDs), unregistered Community designs
(UCDs), will no longer be valid in the UK.
These rights will be immediately and automatically replaced by UK rights. If you own an existing right, you do not need to do
anything at this stage.
Design protection can currently be obtained via a registered right or an unregistered right in the following ways:
On 1 January 2021, any existing RCDs, UCDs, European Union Trade Marks (EUTM), and International (EU) designs and trade
marks will only cover the remaining EU member states.
All registered and published RCDs will have comparable UK designs, which will be recorded on the UK register. These will be
treated as if they had been applied for and registered under UK law.
The legislative changes introduced in the UK will ensure that the holder of an RCD is provided with an equivalent UK right. They
will retain the registration and application dates recorded against the corresponding RCDs and will inherit any priority dates.
As fully independent UK rights, they may be challenged, assigned, licensed or renewed separately from the original RCD.
Re-registered designs will be created at no cost to the RCD holder, and we are ensuring that minimal administrative burden will
be placed upon the right holder.
On 1 January 2021, there will be a small number of RCD applications that are still pending in the EU system.
If you hold a pending RCD application on 1 January 2021, you will be able to apply to register a UK design in the 9 months after
1 January 2021 and retain the earlier filing date of the pending RCD.
To do so, the UK application must relate to the same design as that filed in the pending RCD application.
If the details of the UK application do not match those of the corresponding RCD application, then the earlier EU date(s) will not
be recognised.
Our digital and paper forms will be amended to include a new section for claiming the earlier filing date of the corresponding RCD
application.
These applications will be treated as a UK registered design application. They will be examined under UK law. In these circumstances,
the standard UK fee structure will apply.
A priority date claimed under the Paris Convention that has been recorded against the corresponding RCD will be inherited by the
re-registered design. The date of that priority claim will have effect where proceedings involve a re-registered design with a priority
claim inherited from the corresponding RCD.
The Withdrawal Agreement covers the above-mentioned aspects for RCDs, there are other changes that must be made to UK
legislation on designs for the effective administration and implementation of the comparable rights. These are set out below.
The primary UK legislation on registered designs is The Registered Designs Act 1949. There is also secondary legislation, mainly
contained within the Registered Design Rules 2006, together with amending and standalone regulations.
RCDs and UCDs are defined by Council Regulation (EC) No 6/2002 on Community designs. Registered and unregistered Community
designs both have effect in the UK.
The Community design regulation has been amended to apply the Hague System for the international registration of industrial designs
to the EU. Separately, the Registered Designs Act has been amended to apply the Hague System to the UK as an individual country.
UK legislation on trade marks is primarily contained in the Trade Marks Act 1994. Secondary legislation appears in the Trade Marks
Rules 2008 and other amending and standalone regulations.
Protected international trade marks registrations filed under the Madrid Protocol that designate the UK or the EU (or both) also
currently have effect in the UK.
On 1 January 2021, all existing RCDs, UCDs, EUTMs and international design and trade mark registrations designating the EU will no
longer provide protection in the UK.
As a result, we must amend existing legislation to ensure that UK protection granted by these rights is preserved and allows UK law to
continue to function effectively.
In addition, it will be necessary to remove or amend many of the existing references to the EU, European Economic Areas (EEA), and
Member States that will become redundant or inappropriate.
The number allocated to the re-registered design will consist of the full RCD number prefixed with the digit ‘9’.
This will provide users with a means of identifying re-registered rights created from RCDs and distinguishing them from existing UK
registered designs.
The following examples demonstrate how re-registered UK designs will be codified:
| Existing RCD number | Re-registered UK design number |
|---|---|
| 004048098-0004 | 90040480980004 |
| 000000021-0001 | 90000000210001 |
We are creating approximately 700,000 designs re-registered on 1 January 2021, we recognise that some RCD holders may not want to
be granted such a right.
Holders of the new right will be allowed to ‘opt out’ of holding it. Opting out will mean that the re-registered design will be treated as if it
had never been applied for or registered under UK law.
You may not exercise an opt out right in the following circumstances:
To request an opt out, you must submit a short notice providing us with the RCD number, along with details of any persons with an
interest in the right. The new law requires that notice to interested third parties must be given for opt out to have effect.
Therefore, where needed, you must confirm that such action has been taken. Opt out requests should only be submitted after 1 January
2021. Any requests made before this day will not be valid.
We have created a notice template which you should use when requesting opt out.
The template will be available at GOV.UK on 1 January 2021, and we will provide a dedicated email address for sending it back to us.
Once we have received a request, we will send you confirmation that the right has been removed from the UK register.
Opt out requests should only be submitted after 1 January 2021. Any requests made before this day will not be valid.
Once re-registered UK design rights are created, a separate renewal fee will apply for each re-registered UK design. Both UK registered
designs and RCDs can be renewed every 5 years up to a maximum of 25 years.
Once a re-registered design is created, a separate renewal fee will apply for both that UK right and the corresponding RCD. The fees will
need to be paid separately to IPO and to EUIPO.
For the purposes of future renewal, the re-registered design will retain the existing renewal date of the corresponding RCD.
Under existing law, we send a renewal reminder to any UK registered design owner whose right is due to expire, and we do so in advance
of the expiry date. This practice will be retained for all re-registered designs with renewal dates which fall more than 6 months after the end
of the implementation period.
However, where the re-registered design expires within the 6 month period that falls after 1 January 2021, we will adopt a new procedure.
We are also changing the law to accommodate RCDs that have expired in the 6 months before 1 January 2021, and which are still in their
late renewal period when we leave the EU.
The same procedure for renewal and late renewal of registered designs under the Registered Designs Act and the Registered Designs Rules
will apply to re-registered designs.
You will be sent a reminder renewal notice on the actual day of expiry (or as soon as is practicable after that date). This notice will inform
you that the re-registered design has expired, and that we will provide you with a further 6 month period, running from the date of the
notice, in which the right may be renewed.
Where the re-registered design will expire within 6 months after 1 January 2021, the usual additional renewal fee will not be payable.
In addition to the new reminder notice being sent on or soon after the day of expiry, those with re-registered designs that expire within the
fourth, fifth and sixth months after 1 January 2021 will also receive the conventional advance reminder notice in the usual manner.
Where the re-registered design is not renewed, it will be removed from the register. It may be restored at a later date in accordance with
existing UK law.
You should note that where an RCD’s renewal date falls after 1 January 2021, early payment of the renewal fee at EUIPO, on a date prior to
1 January 2021, will have no effect in respect of the re-registered design.
Any re-registered design with a renewal date falling at any time after 1 January 2021 will be subject to a UK renewal action and fee. This is
regardless of whether a renewal action was taken on the corresponding RCD before 1 January 2021.
We will also create a re-registered design from any RCD which:
These re-registered designs will hold an ‘expired’ status. Their continued effect in the UK will be dependent upon late renewal of the corresponding RCD at EUIPO.
Where the corresponding RCD is subject to late renewal, that renewal will also have effect on the expired re-registered design. This means
that the re-registered design will be automatically renewed as a result of the RCD’s late renewal.
In this scenario, you will not be required to pay any renewal fees in respect of your first (UK) renewal of the re-registered design.
If the expired RCD is not late-renewed at EUIPO, then the re-registered design (which was created on 1 January 2021 in the UK) will be
removed from the UK register on expiry of the corresponding RCD’s late renewal period.
It will then be treated as if it had never been applied for or registered under UK law.
Under the Community Design Regulation, a right that has been struck from the EU register because of the applicant or owner’s failure to
meet a deadline may be reinstated later and treated as if it had continuous legal effect.
Re-registered designs will only be created from RCDs which are registered within 6 months of its renewal date prior to 1 January 2021.
Therefore, EU rights which are not registered on that date but which are subject to reinstatement will not automatically result in the grant of
re-registered designs. To address this, the new law provides holders and applicants of reinstated EU rights with the means to preserve those
rights in the UK.
Where RCDs are reinstated after 1 January 2021, and the proprietor notifies us of such action, we will create a re-registered design.
Reinstatement of EU rights can only occur where application is made to the EUIPO within one year of the missed deadline.
If you hold an RCD which was reinstated after 1 January 2021, and you have not been granted a re-registered design, you should inform us
within 6 months of the RCD’s restoration by emailing information@ipo.gov.uk.
If you have a pending RCD application which was reinstated after 1 January 2021 and it holds a filing date prior to 1 January 2021, you may
submit a UK registered design application claiming the earlier EU filing and/or priority date.
You can do this within 9 months of the date on which the corresponding RCD application was restored.
Under the new law, an RCD that is deferred on exit day will be treated as being equivalent to a pending application. The publication of an
RCD may be deferred at EUIPO for up to thirty months.
Where deferment is requested, EUIPO will not publish the design until either the holder has paid a publication fee and the deferment period
has elapsed, or the holder requests publication before such expiry.
Whilst the deferment period is ongoing, EUIPO will only publish basic details about the right holder and the filing date.
The holder of a deferred RCD can preserve its earlier filing and priority dates in the UK by filing an equivalent registered design application
within nine months after exit day.
The application will not be the subject of a substantive examination, because the RCD has already been examined by EUIPO.
There is currently no framework in UK legislation creating the right to defer publication of a registered design. As a matter of practice, the
IPO permits applicants to defer publication of their design by up to 12 months.
The examples below explain when a design will be published where the RCD is subject to deferment at the EUIPO, and a corresponding UK
application is made which seeks to retain the earlier RCD dates and requests UK deferment.
| Pre-1 January 2021 filing date of deferred RCD | Amount of maximum RCD deferment period remaining at 1 January 2021 | Post-January 2021 filing date of UK application | How long publication will be deferred |
|---|---|---|---|
| 1 October 2018 | 3 months (ie until 1 April 2021) | 1 March 2021 | 1 month (ie until 1 April 2021, when corresponding RCD deferment period expires) |
| 1 January 2020 | 18 months (ie until 1 July 2022) | 1 October 2021 | 9 months (ie until1 July 2022, when corresponding RCD deferment period expires) |
| 1 November 2020 | 28 months (ie until 1 May 2023) | 1 October 2021 | 12 months (ie until 1 October 2022, when UK deferment period expires) |
| 31 December 2020 | 30 months (ie until 31 June 2023) | 31 March 2021 | 12 months (ie until 31 March 2022, when UK deferment period expires) |
UK registered design applications, that do not seek to retain earlier filing and priority dates of a corresponding RCD that was deferred on 1st
January 2021, may request UK deferment in the normal manner.
In such cases, a period of twelve months’ deferment will run from the date on which the UK application was filed. This is regardless of
whether that date falls inside or outside of the nine months after 1 January 2021..
The primary UK legislation on registered designs is The Registered Designs Act 1949. There is also secondary legislation, mainly contained
within the Registered Design Rules 2006, together with amending and standalone regulations.
RCDs and UCDs are defined by Council Regulation (EC) No 6/2002 on Community designs. Registered and unregistered Community designs
both have effect in the UK.
The Community design regulation has been amended to apply the Hague System for the international registration of industrial designs to the
EU. Separately, the Registered Designs Act has been amended to apply the Hague System to the UK as an individual country.
UK legislation on trade marks is primarily contained in the Trade Marks Act 1994. Secondary legislation appears in the Trade Marks Rules
2008 and other amending and standalone regulations.
Protected international trade marks registrations filed under the Madrid Protocol that designate the UK or the EU (or both) also currently have
effect in the UK.
After 1 January 2021, international design and trade mark registrations designating the EU will no longer provide protection in the UK.
Information on the protection of these rights after 1 January 2021 is available:
Published: 26th June 2020
Source: GOV UK, Intellectual Property Office & Government Digital Service
International trade mark registrations protected in the EU under the Madrid Protocol will no longer enjoy protection in the UK after 1 January 2021.
On 1 January 2021, protected international trade mark registrations designating the EU will no longer be valid in the UK.
On this day these rights will be immediately and automatically replaced by UK rights.
If you own an existing right, you do not need to do anything at this stage.
For all protected international (EU) trade mark designations we will create comparable UK trade marks, which will be recorded on the UK register.
International trade mark registrations protected in the EU under the Madrid Protocol will no longer enjoy protection in the UK after 1 January 2021.
To address this, on 1 January 2021 we will create a comparable trade mark (IR) in relation to each international (EU) trade mark designation which has protected status immediately before 1 January 2021.
Each new UK right will be treated as if applied for and registered under UK law, and may be challenged, assigned, licensed or renewed separately from the original international registration.
If you designated the EU in your international application, the filing and registration date of your comparable trade mark (IR) will correspond to the date of your international registration.
This date will also apply for the purposes of future UK renewal.
Comparable trade marks will be created at no cost to the holder of the international trade mark, and we are ensuring that minimal administrative burden will be placed upon the rights holder.
If you have designated the EU more than once in your international registration (IR) (for example, in your original application and through a later-filed subsequent designation) we will create a comparable trade mark (IR) for each designation that has been protected in the EU.
This means that after 1 January 2021 you may hold multiple comparable UK trade marks corresponding to a single international registration.
Where multiple comparable trade marks are created from a single international registration, each right will be independent.
In all cases, the filing and registration date accorded to the comparable trade mark (IR) will correspond to the date on which protection in the EU was conferred.
Where an EU designation was obtained as part of an application for an international registration, the filing and registration date of the resulting comparable trade mark (IR) will correspond to the date of the international registration.
However, where EU protection was obtained as a result of a subsequent designation, the relevant date of the resulting comparable trade mark (IR) will be the date on which your request for subsequent designation was recorded in the international register.
In all cases, the date of completion of the registration procedure recorded against your comparable trade mark (IR) will be the publication date of the EUIPO bulletin confirming that EU protection was not refused.
The number allocated to the comparable trade mark (IR) will be the last 8 digits of the international (EU) trade mark prefixed with UK008. This will provide users with a means for identifying UK rights created from international registrations and distinguishing them from existing UK trade marks.
The following examples demonstrate how comparable UK trade marks (IR) will be codified:
| Existing IR (EU) trade mark | Comparable UK trade mark (IR) |
|---|---|
| 000000977 | UK00800000977 |
| 000025197 | UK00800025197 |
| 000340513 | UK00800340513 |
| 017867542 | UK00817867542 |
If you hold a pending EU designation on 1 January 2021, you will be able to apply to register a UK trade mark in the 9 months after 1 January 2021 and retain the earlier filing date of the pending EU designation.
We will only be creating comparable trade marks (IR) from international (EU) designations that are protected immediately before 1 January 2021
Automatic creation of UK comparable marks will not apply to those EU designations that, having been requested prior to 1 January 2021, have not, at 1 January 2021, been subject to a statement of protection issued by the EUIPO.
If you have previously submitted an application for protection of an international (EU) trade mark, and you have an international registration that is dated before 1 January 2021, you may claim that date in a UK application for the same trade mark.
The same applies if you have sought EU protection by requesting a subsequent designation, and it was recorded on the International Register before 1 January 2021.
In both cases, you may claim the earlier date of the international registration or subsequent designation if you apply to register the same trade mark within 9 months after 1 January 2021.
Where an application for protection of an international (EU) trade mark or a request for EU protection via a subsequent designation was submitted at a national office before 1 January 2021, you may not receive confirmation of the international registration or subsequent designation until after 1 January 2021.
In this scenario, you can still claim the earlier international (EU) date when applying to register the same trade mark in the UK.
To do so, the UK application must be filed within 9 months of the date on which the international registration was recorded by WIPO or, in the case of a subsequent designation, the date on which the request for EU protection was recorded in the International Register.
Where a UK application claiming the earlier international (EU) date is filed at IPO within either of the two 9-month periods referred to above, the application will be examined under UK law.
Our digital and paper forms will be amended to include a new section for claiming the earlier date of the corresponding international registration.
These applications will be treated as a UK trade mark application. They will be examined under UK law. In these circumstances, the standard UK fee structure will apply. Further information on trade mark fees is available.
Users should note that international (EU) trade marks that have been subject to a notice of refusal issued by the EUIPO prior to 1 January 2021 cannot be used for the purposes of claiming an earlier date when filing a corresponding UK application.
If your international registration has been cancelled and you have filed a request to transform your international trade mark (EU) into an EU trade mark which is still pending at 1 January 2021, you may file a UK trade mark application.
Provided that your application is submitted to IPO within 9 months of 1 January 2021, you will be able to claim the earlier date assigned to the EU designation.
Where the corresponding EU designation was protected at the time of its cancellation, the date that may be claimed for the UK application will be the date of the international registration.
Where EU protection was obtained through a subsequent designation, the date on which the request was recorded in the international register may be claimed for the UK application.
Where the EU designation was not yet protected at the time of its cancellation, you may claim the date of the international application. In the case of a subsequent designation, you may claim the date on which the request was recorded in the international register.
In all cases, if a priority claim under the Paris Convention was attached to your cancelled international registration, you may claim that date against your UK application. This will be effective for the purposes of determining which rights take precedence.
If you do not wish to hold the new right, you may opt out of holding it.
Owners of protected international (EU) trade marks may opt out of receiving a UK comparable trade mark. They are able to do this through the same opt out mechanism as is being provided for holders of Registered Community Designs (RCD), international (EU) Designs, and EU trade marks.
If you wish to opt out, you will need to submit a short notice providing the number of the international registration together with details of any persons with a registered interest in the right.
The effect of such an opt out is that the comparable trade mark (IR) will be treated as if it had never been applied for or registered under UK law.
If your international registration contains more than one EU designation because of a subsequent request for protection, you will receive multiple comparable trade marks (IR). In this scenario, a single opt out request will apply to all comparable trade marks (IR) held by the requestor. More information on opt out is provided in the section of this business guidance dedicated to RCDs.
Trade mark-specific guidance on opt out is available.
For future renewals, comparable trade marks (IR) that have been created from a protected EU designation filed as part of an international application will inherit the existing renewal date of the corresponding international registration.
Where created from an EU subsequent designation, the comparable mark will adopt the date of that subsequent designation for the purpose of future renewal.
The UK renewal date for comparable trade marks (IR) that correspond to an EU subsequent designation will be different from that recorded against the corresponding international registration.
As with comparable trade marks created from EUTMs, we will send renewal reminder notices to holders of comparable trade marks (IR) which are due to expire at any point after the 6-month period following 1 January 2021.
A new approach is being introduced to accommodate comparable trade marks (IR) that expire within the 6-month period following 1 January 2021.
Provision is also being made for international registrations that have expired within the 6 months prior to 1 January 2021 and which are still in their late renewal period.
Where your comparable trade mark (IR) expires within the period of 6 months immediately after 1 January 2021, we will send you a reminder renewal notice on the actual date of expiry (or as soon as is practicable after that date).
This notice will inform you that the registration of the comparable trade mark (IR) has expired, and that we will provide you with a further 6-month renewal period. This will run from the date of the notice.
You should note the following:
We will also create a comparable trade mark (IR) from any international registration that has expired in the 6 months prior to 1 January 2021.
These UK rights will hold an ‘expired’ status, and their continued effect in the UK will be dependent upon late renewal of the corresponding international registration at WIPO. You should note the following:
The ‘new’ UK expiry date adopted by the comparable trade mark will be redundant in the following circumstances:
How this affects you will depend upon the dates of your international registration and EU subsequent designation. In some scenarios, you may be obliged to pay a UK renewal fee very soon after renewing your international registration.
Conversely, your comparable trade mark may enjoy nearly ten years’ protection before your first UK renewal is triggered.
Users should note that holders must inform the IPO that their corresponding international registration has been late-renewed at WIPO by sending an email to WIPOrenewaltrademarks@ipo.gov.uk. The notice must be submitted within 9 months of 1 January 2021.
Failure to provide notification within that period will result in the comparable trade mark (IR) being removed from the UK register.
The comparable trade mark (IR) will be treated as if it had never been applied for or registered under UK law. This will be the case even if that international registration has been subject to late renewal.
A priority date claimed under the Paris Convention that has been recorded against the corresponding international (EU) trade mark will be inherited by the comparable UK trade mark.
The date of that priority claim will have effect where proceedings involve a comparable UK trade mark (IR) with a priority claim inherited from the corresponding international (EU) designation.
Seniority is a concept which derives from EU legislation. It applies only to EU trade marks (EUTM), UK trade marks that have been converted from EUTMs, and international EU designations.
From 1 January 2021 it will also apply to the UK comparable trade marks which derive from EUTMs or international trade marks (EU) which themselves claimed seniority of a trade mark.
It allows a business to consolidate their national registered trade marks into one single international (EU) designation (or EUTM).
It does this by retaining the ‘senior’ dates of those national rights and recording them against the international (EU) designation (or EUTM).
Where the national marks are surrendered or allowed to lapse, the owner is deemed to have the same rights as they would have if the earlier national mark(s) had continued to be registered.
Seniority can determine the effective date of an existing international (EU) designation. We have ensured that seniority claims based on earlier UK or international (UK) trade marks will be recognised.
The new law ensures that any seniority claim based on an earlier UK or international (UK) trade mark which has been recorded against an international (EU) designation will be retained by the comparable UK trade mark. The retention of existing priority and seniority dates in comparable UK trade marks will be automatic.
As the holder of an international (EU) right, you will not be required to inform us of any earlier effective dates. This is because filing, priority and seniority information will be automatically transferred onto the new UK right.
The UK application process will provide you with a means for recording priority and seniority dates for applications corresponding to a pending international (EU) application filed within 9 months after 1 January 2021.
As with conventional EU Trade Marks, we will create comparable UK rights from all EU certification and collective marks registered at EUIPO before 1 January 2021. Certification and collective marks perform a different function to conventional trade marks.
Certification marks provide a guarantee that goods or services bearing the mark meet a defined standard or possess a particular characteristic.
Collective marks indicate that the goods or services originate from members of a trade association, rather than just one trader.
The registration of both certification and collective marks is subject to the registering authority’s approval of regulations governing how the marks are used.
These regulations must be available for third parties to view and, in the case of many International (EU) designations being treated as EU certification and collective marks, they will be in languages other than English.
As with conventional protected trade marks designating the EU, we will create comparable UK rights from all international (EU) trade marks which, for the purposes of the European Union Trade Mark Regulation, are treated as EU certification and collective marks, and which are protected immediately before 1 January 2021.
We will not automatically import onto the UK trade mark register the regulations governing use of those international (EU) rights.
We will also not request that the holder provide an English translation immediately after 1 January 2021. Instead, where you become the holder of a comparable UK certification or collective mark, we will contact you when we need to inspect the regulations (for example, where the mark becomes subject to proceedings).
Where the regulations are in a language other than English, we will at that point request a translation.
Failure to provide translated regulations will result in loss of the right.
The new law ensures that any use of the mark in the EU, whether inside or outside of the UK, which has been made prior to 1 January 2021, will count as use of the comparable UK right.
For a national trade mark, an uninterrupted period of five years of non-use in the UK can render a mark vulnerable to challenge.
Applying this approach to comparable UK trade marks created on 1 January 2021, many of which will correspond to international (EU) trade marks that have never been used in the UK, would fail to provide sufficient protection for those new comparable rights.
It would likely lead to outcomes that are both unintended and unjust.
To address this issue, the new law ensures that any use of the mark in the EU, whether inside or outside of the UK, which has been made prior to 1 January 2021, will count as use of the comparable UK right.
Where the relevant five-year period includes time prior to 1 January 2021, use in the EU will be considered in assessing whether there has been use of the mark.
Where the period includes any time after 1 January 2021, use of the comparable trade mark in the EU (and outside of the UK) within that period will not be taken into account.
In all cases, the five-year period of suspended use is activated by last use of the corresponding international (EU) trade mark or comparable trade mark.
Where that use was of the corresponding international (EU) trade mark, and it was made in the EU prior to 1 January 2021 (whether inside or outside of the UK), it will count for the purposes of the comparable trade mark.
A similar approach is being applied to the assessment of reputation.
In relation to the consideration of any time prior to 1 January 2021, reputation of the corresponding international (EU) trade mark, in the EU but not necessarily in the UK, will be considered for the purposes of the comparable UK right.
Published: 26th June 2020
Source: GOV UK, Intellectual Property Office and Government Digital Service
Changes for businesses and holders of international EU protected designs after 1 January 2021.
After the transition period, protected international design registrations designating the EU will no longer be valid in the UK.
On 1 January 2021, these rights will be immediately and automatically replaced by UK rights. If you own an existing right, you do not need to do anything at this stage.
For all protected international (EU) designs, we will create comparable UK rights which will be recorded on the UK register.
International design registrations protected in the EU under the Hague Agreement will have no effect in the UK after 1 January 2021.
To address this, we will create a re-registered international design from each International (EU) design that holds a protected status immediately before 1 January 2021.
These UK rights will be identical to the re-registered designs being created from registered community designs (RCD).
They will be independent UK rights, and so may be challenged, assigned, licensed or renewed separately from the original international (EU) design.
Like UK rights being created from RCDs, re-registered international designs created from protected international (EU) designs will be created at no cost to the holder.
The number allocated to the re-registered international design will consist of the full IR (EU) number prefixed with the digit ‘8’. This will provide users with a means of identifying re-registered rights created from protected international (EU) designs and distinguishing them from existing UK registered designs.
The following examples demonstrate how these re-registered UK designs will be codified:
| International (EU) registration number (as shown on WIPO databases) | International (EU) registration number (as shown on EUIPO’s DesignView database | Re-registered UK design number (as it will be shown on the IPO’s register and online search platform) |
|---|---|---|
| DM/069 640 | D069640-0001 (in this example, the four-digit sequence ‘0001’ denotes a single design) | 806964000010000 |
| DM/069 629 | D069629-0001 (in this example, the four-digit sequence ‘0001’ denotes the first design in a multiple application) | 806962900010000 |
| DM/069 629 | D069629-0002 (in this example, the four-digit sequence ‘0002’ denotes the second design in a multiple application) | 806962900020000 |
If you hold a pending international (EU) design on 1 January 2021, you will be able to apply to register a UK design in the nine-months after 1 January 2021 and retain the earlier filing date of the pending international (EU) right.
We will only be creating re-registered international designs from international (EU) designs that are protected immediately before 1 January 2021.
Automatic creation of UK re-registered international designs will not apply to those international rights that, at 1 January 2021, have not yet been subject to a statement of protection issued by the EUIPO.
The holder of any such ‘pending’ international (EU) design may claim the earlier registration date assigned to the corresponding International Registration by WIPO.
They may do this when applying for UK registered design protection in respect of the same design within nine-months after 1 January 2021.
The IPO will recognize the registration date and any priority date attached to the international registration for the purposes of the UK application.
This will be relevant for the purposes of determining the re-registered international design’s novelty.
On 1 January 2021, if you have sought protection in the EU through an application for an international (EU) design registration, you may also claim the earlier registration date (and any priority date) for a corresponding UK registered design application.
This will be applicable where that application has been published by WIPO, but the period in which the EUIPO must notify WIPO of refusal has not yet expired.
Digital and paper forms will be amended to include a new section for claiming the earlier filing date of the corresponding RCD application.
These applications will be treated as a UK registered design application. They will be examined under UK law. In these circumstances, the standard UK fee structure will apply. Further information on registered design fees is available.
International (EU) designs that have been subject to a notice of refusal issued by the EUIPO prior to 1 January 2021 cannot be used for the purposes of claiming an earlier date when filing a corresponding UK application.
If you do not wish to claim the new right, you may opt out of holding it.
Owners of protected international (EU) registered designs may opt out of holding a re-registered international design. They can do this through the same opt-out mechanism as is being provided for holders of RCDs and EU trade marks.
If you wish to opt out, you will need to submit a short notice providing the number of the protected international (EU) registered design together with details of any persons with an interest in the right.
Once received and actioned, the effect of such an opt-out is that the re-registered international design will be treated as if it had never been applied for or registered under UK law.
For the purposes of future renewal, the re-registered international design will retain the existing renewal date of the corresponding international registration.
As with re-registered designs created from RCDs, we will send renewal reminder notices to holders of re-registered international designs which are due to expire at any point after the six-month period following 1 January 2021.
New approaches are being introduced to accommodate re-registered international designs that expire within the six-month period following 1 January 2021.
Changes are also being introduced for international registrations that have expired within the six-months prior to 1 January 2021 and which are still in their late renewal period.
The same procedure for renewal and late renewal of registered designs under the Registered Designs Act and the Registered Designs Rules will apply to re-registered international designs.
We will send you a reminder renewal notice on the actual day of expiry (or as soon as is practicable after that date). This notice will inform you that the re-registered international design has expired, and that we will provide you with a further six-month period, running from the date of the notice, in which the right may be renewed.
Where the re-registered international design will expire within six- months after 1 January 2021, the usual additional renewal fee will not be payable.
In addition to the new reminder notice being sent on or soon after the day of expiry, those with re-registered international designs that expire within the fourth, fifth and sixth months after 1 January 2021 will also receive the conventional advance reminder notice in the usual manner.
Where the re-registered international design is not renewed, it will be removed from the register but may be restored at a later date in accordance with existing UK law.
You should note that where an international registration’s renewal date falls after 1 January 2021, early payment of the renewal fee at WIPO, on a date prior to 1 January 2021, will have no effect in respect of the re-registered international design.
Any re-registered design with a renewal date falling at any time after 1 January 2021 will be subject to a UK renewal action right and fee. This will be regardless of whether a renewal action was taken on the corresponding international registration before 1 January 2021.
We will also create a re-registered international design from any International Registration that:
These re-registered international designs will hold an ‘expired’ status. Their continued effect in the UK will be dependent upon late renewal of the corresponding international registration at WIPO.
Where that registration has been subject to late renewal, and the holder has informed the IPO about such action, the late renewal of the international registration will have effect on the expired re-registered international design.
This means that the re-registered design will be renewed as a result of the international registration’s late renewal.
In this scenario, you will not be required to pay any renewal fees in respect of your first (UK) renewal of the re-registered international design.
If the expired international registration is not late-renewed at WIPO, then the re-registered design (which was created on 1 January 2021 in the UK) will be removed from the UK register on expiry of the corresponding international registration’s late renewal period.
It will then be treated as if it had never been applied for or registered under UK law.
Users should note that holders must inform the IPO that their corresponding international registration has been late-renewed at WIPO by emailing renewaldesigns@ipo.gov.uk.
The notice must be submitted within nine-months of 1 January 2021. Failure to provide notification within that period will result in the re-registered international design being removed from the UK register. It will be treated as if it had never been applied for or registered under UK law.
This will be the case even if the corresponding international registration has been subject to late renewal.
Under the new law, an international registration that is deferred on 1 January 2021 will be treated as being equivalent to a pending application.
This means that a holder can preserve its earlier filing and priority dates in the UK by filing an equivalent UK registered design application within nine-months after 1 January 2021. The publication of an international registration designating the EU may be deferred for up to 30 months.
There is currently no framework in UK legislation creating the right to defer publication of a registered design.
As a matter of practice, the IPO permits applicants to defer publication of their design by up to 12 months.
Deferment of a UK registered design application claiming the earlier date of a deferred international registration will be limited to a maximum of 12-months from the date of UK filing, and may not exceed the maximum thirty-month period permitted for the corresponding international (EU) design.
Our approach to calculating deferment periods for UK applications corresponding to deferred international registrations will be identical to that taken in respect of deferred RCD applications.
This approach is described in more detail in the corresponding section of this guidance relating to RCDs.
A priority date claimed under the Paris Convention that has been recorded against the corresponding international registration will be inherited by the re-registered design. Accordingly, where proceedings involve a re-registered design with a priority claim inherited from the corresponding international registration, the date of that priority claim will have effect.
Published: 26th June 2020
Source: GOV UK, Intellectual Property Office
New border controls and procedures confirmed for 2021 as the Chancellor of the Duchy of Lancaster, Michael Gove, formally notifies
the EU that the UK will neither accept nor seek any extension to the Transition Period.
From 1 January 2021 the UK will have the autonomy to introduce its own approach to goods imported to GB from the EU.
Recognising the impact of coronavirus on businesses’ ability to prepare, and following the announcement in February that the UK would
implement full border controls on imports coming into GB from the EU, the UK has taken the decision to introduce the new border
controls in three stages up until 1 July 2021. This flexible and pragmatic approach will give industry extra time to make necessary
arrangements.
The stages are:
The announcement follows this morning’s meeting of the Withdrawal Agreement Joint Committee – the last formal moment to agree an
extension to the Transition Period – at which the Government confirmed the long-standing position that no such extension would be sought.
A new £50million support package will boost the capacity of the customs intermediary sector – including customs brokers, freight
forwarders and express parcel operators – providing businesses with further support ahead of the new processes taking effect in July 2021.
This funding will support intermediaries with recruitment, training and supplying IT equipment to help handle customs declarations.
Rules will also be changed to remove barriers for intermediaries taking on new clients.
In total, the Government has now provided £84m to grow the customs intermediary sector to encompass EU trade after 2020.
Additionally, the Government has committed today to building new border facilities in GB for carrying out required checks, such as customs
compliance, transit, and Sanitary and Phytosanitary (SPS) checks, as well as providing targeted support to ports to build new infrastructure.
Where there is no space at ports for new infrastructure, the Government will build new inland sites where these checks and other activities
will take place. The Government is consulting with ports across the UK to agree what infrastructure is required.
Chancellor of the Duchy of Lancaster Michael Gove said:
We have informed the EU today that we will not extend the Transition Period. The moment for extension has now passed. At the end of this
year we will control our own laws and borders which is why we are able to take the sovereign decision to introduce arrangements in a way
that gives businesses impacted by coronavirus time to adjust.Today’s announcement is an important step towards getting the country ready for the end of the Transition Period, but there is still more
work to be done by both government and industry to ensure we are ready to seize the opportunities of being a fully independent United
Kingdom.
Elizabeth de Jong, Policy Director at the Freight Transport Association, said:
The logistics industry is extremely grateful for the measures announced by the UK government to stage the introduction of new trading
arrangements between the EU and UK in the first six months after the Transition Period. They have listened to our concerns and made
allowances to enable our sector to recover from the COVID-19 pandemic and plan effectively so that we can continue to trade effectively
with Europe.
Richard Burnett, Chief Executive of the Road Haulage Association commented:
This is very welcome news and we are pleased the Government has taken a sensible and pragmatic approach to the problem after listening
to stakeholders such as the RHA.
The Government will continue to work closely with the border industry on these new procedures as well as other sector priorities. A border
operating model will be published in July 2020.
This approach is for GB/EU trade. This approach does not apply to the flow of trade between Northern Ireland and Ireland, or between
Northern Ireland and GB which is covered by the Withdrawal Agreement.
From January 2021
Traders importing standard goods will need to prepare for basic customs requirements and will have up to six months to submit customs
declarations to HMRC.
While tariffs will need to be paid on all imports from Day One, payments can be deferred until the customs declaration has been made,
giving traders time to adjust to the new requirements. Safety and Security declarations will not be required for six months for all goods.
Traders will, however, need to consider some other processes, such as how they will account for import VAT.
Traders moving controlled goods such as tobacco and toxic chemicals into GB will be required to complete a full customs declaration
when the goods enter GB, in line with the requirements for goods moving into GB from the Rest of the World.
All traders importing live animals and high-risk plants and plant products will be required to have pre-notification and health documentation
from the outset. Imports of high-risk animal by-products (ABP) will also need pre-notification. Documentary checks will be carried out
remotely, and physical checks of high-risk goods will take place at destination or other authorised premises.
From April 2021
All products of animal origin (POAO) – for example meat, pet food, honey, milk or egg products – and all regulated plants and plant products
will also require pre-notification and the relevant health documentation.
From July 2021
Traders moving all goods will have to make full declarations and pay tariffs at the point of importation. Full Safety and Security declarations
will be introduced, while for SPS commodities there will be an increase in physical checks and the taking of samples: checks for animals,
plants and their products will now take place at GB Border Control Posts.
Published: 12th June 2020
Source: GOV UK, Cabinet Office