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Letters to Businesses about New Trade Arrangements with the EU from 1st January 2021

Letters to Businesses about New Trade Arrangements with the EU from 1st January 2021

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:

  • making sure they have a UK Economic Operator Registration and Identification (EORI) number
  • deciding how they will make customs declarations
  • checking if their imported goods are eligible for staged import controls

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

Customs, VAT and Excise UK Transition Legislation from 1st January 2021

Customs, VAT and Excise UK Transition Legislation from 1st January 2021

This collection brings together Customs, VAT and Excise EU Exit legislation and Customs notices that have the force of law applicable to UK transition.

Passport Rules for Travel to Europe from 1st January 2021

Passport Rules for Travel to Europe from 1st January 2021

Advice for British passport holders from January 2021.

Until 1 January 2021, you can continue to travel to Europe with your UK passport until it expires.

New rules will apply for travel to Europe from 1 January 2021.

If your passport is burgundy or has ‘European Union’ on the cover, you can continue to use it until it expires.

You’ll need to have at least 6 months left on an adult or child passport to travel to most countries in Europe (not including Ireland).

If you renewed your current passport before the previous one expired, extra months may have been added to its expiry date. Any extra months on your passport over 10 years may not count towards the 6 months needed.

Check whether you need to renew your passport before travelling to Europe from 1 January 2021

You’ll need to renew your passport before travelling if you do not have enough time left on your passport.

Sign up for email updates on GOV.UK.

List of countries affected

The new rules will apply for travel to and between most countries in Europe. These are:

  • Andorra
  • Austria
  • Belgium
  • Bulgaria
  • Croatia
  • Cyprus
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Iceland
  • Italy
  • Latvia
  • Liechtenstein
  • Lithuania
  • Luxembourg
  • Malta
  • Monaco
  • Netherlands
  • Norway
  • Poland
  • Portugal
  • Romania
  • San Marino
  • Slovakia
  • Slovenia
  • Spain
  • Sweden
  • Switzerland
  • Vatican City
Travel to other EU countries

The new rules will not apply when travelling to Ireland.

Applying for a new passport

If your passport doesn’t meet the new rules, you will need to apply for a new passport before travelling to the countries affected.

Do not book travel unless your passport meets the entry requirements of the country you’re travelling to.

Make sure you apply in plenty of time. If you need to, you can apply to get a passport urgently.


Published: 4th September 2020

Source: GOV UK, HM Passport Office

Page URL: https://www.gov.uk/guidance/passport-rules-for-travel-to-europe-after-brexit?utm_source=07d83eda-59fc-464f-86ed-d881ffdb2977&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Using the UKCA Mark from 1st January 2021

Using the UKCA Mark from 1st January 2021

Find out if you will need to use the new UKCA marking and how to use it.

Regulating Medical Devices from 1st January 2021

Regulating Medical Devices from 1st January 2021
How medical devices are regulated in the UK will change after the transition period has ended.

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:

  • Getting your device certified
  • Conformity marking your device
  • Registering your device with the MHRA

This guidance is divided into sections on the different rules in Great Britain (England, Wales and Scotland), Northern Ireland and the EU.

For Northern Ireland, different rules will apply to those in Great Britain after 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’

This guidance does not cover other ‘New Legislative Framework’ 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.

Summary of key requirements for placing a device on the Great Britain market

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:

  • CE marking will continue to be used and recognised until 30 June 2023
  • Certificates issued by European Economic Area (EEA)-based Notified Bodies will continue to be valid for the Great Britain market until 30 June 2023
  • A new route to market and product marking will be available for manufacturers wishing to place a device on the Great Britain market from 1 January 2021
  • From 1 January 2021, all medical devices and in vitro diagnostic medical devices (IVDs) placed on the UK market will need to be registered with the MHRA. There will be a grace period for registering:
    • 4 months for Class IIIs and Class IIb implantables, and all active implantable medical devices
    • 8 months for other Class IIb and all Class IIa devices
    • 12 months for Class I devices
  • If you are a manufacturer based outside the UK and wish to place a device on the UK market, you will need to establish a UK Responsible Person who will take responsibility for the product in the UK. Further detail on the UK Responsible Person is set out below.

The legislation

Legislation that will apply to Great Britain

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.

The EU Medical Devices Regulation (MDR) and EU in vitro Diagnostic Medical Devices Regulation (IVDR) from 1 January 2021

The MDR and 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 with the EU has ended, they will not be EU law automatically retained by the EU Withdrawal Agreement Act and will therefore not automatically apply 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 puts patient safety at the heart of the regulatory system. 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 this autumn. As part of these discussions, we will identify elements that promote public health and patient safety, putting these at the heart of what we do. 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 MDR or the IVDR will be regulated.

The role of the MHRA

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 a device 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.

Requirements for those manufacturing and supplying devices in the UK

From 1 January 2021, the roles and responsibilities of those manufacturing and supplying medical devices and IVDs will change.

Manufacturers wishing to place a device on the UK market will first need to register with the MHRA. See guidance on registrations for more information.

Where a manufacturer is not established in the UK, in most cases it will need to designate a UK Responsible Person to register and act on its 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.

Registrations in Great Britain

From 1 January 2021, any medical device, IVD or custom-made device will need to be registered with the MHRA before being placed on the Great Britain market.

The MHRA will only register devices where the manufacturer has a registered place of business in the UK. If the manufacturer is based outside the UK, they will need to designate 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.

Manufacturers based outside the EEA who have an Authorised Representative that is established in Northern Ireland will not need to designate a UK Responsible Person when placing a device on the Northern Ireland market. In such cases, the Northern Ireland-based Authorised Representative will be able to register devices with the MHRA on the manufacturer’s behalf.

Once you are satisfied that your device meets all the relevant legal requirements set out above, you will be able to register it with the MHRA. Please note that these new registration requirements will not apply until 1 January 2021.

Registering your device from 1 January 2021

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.

For the following devices, you will have 4 months to register with the MHRA (until 30 April 2021):

  • Active implantable medical devices
  • Class III medical devices
  • Class IIb implantable medical devices
  • IVD List A

For the following devices, you will have 8 months to register with the MHRA (until 31 August 2021):

  • Class IIb non-implantable medical devices
  • Class IIa medical devices
  • IVD List B
  • Self-test IVDs

For the following devices, you will have 12 months to register with the MHRA (until 31 December 2021):

  • Class I medical devices
  • General IVDs

Registration for custom-made devices will be in line with the risk class of the device. Failure to register by these dates will mean that you will no longer be able to lawfully place your device on the UK market.

More information on registrations (including fees) can be found in the MHRA’s registrations guidance.

UK Responsible Person

As noted above, to place a device on the Great Britain market, manufacturers based outside the UK will need to designate a UK Responsible Person that is established in the UK.

From 1 January 2021, 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 with the MHRA before the manufacturer’s devices can be placed on the UK 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, the UK Responsible Person must:

  • Ensure that the declaration of conformity and technical documentation have been drawn up and, where applicable, that an appropriate conformity assessment procedure has been carried out by the manufacturer.
  • Keep available a copy of the technical documentation, a copy of the declaration of conformity and, if applicable, a copy of the relevant certificate, including any amendments and supplements for inspection by the MHRA.
  • In response to a request from the MHRA, provide the MHRA with all the information and documentation necessary to demonstrate the conformity of a device.
  • Forward to the manufacturer any request by the MHRA for samples, or access to a device, and ensure that the MHRA receives the samples or has been given access to the device.
  • Cooperate with the MHRA on any preventive or corrective action taken to eliminate or, if that is not possible, mitigate the risks posed by devices.
  • Immediately inform the manufacturer about complaints and reports from healthcare professionals, patients and users about suspected incidents related to a device for which they have been designated.
  • Terminate the legal relationship with the manufacturer if the manufacturer acts contrary to its obligations under these Regulations and inform the MHRA and, if applicable, the relevant notified body of that termination.

UKCA mark and Conformity Assessment Bodies

UKCA mark

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 mark for sale in these markets. Manufacturers will be able to use the UKCA mark from 1 January 2021.

From 1 July 2023, to place a device on the Great Britain market, you will need to meet the requirements for placing a UKCA mark on your device.

UK Conformity Assessment Bodies

From 1 January 2021, the MHRA will be able to designate UK Conformity Assessment Bodies (CABs) to conduct assessments against UK requirements for the purpose of the UKCA mark.

UK Notified Bodies with designations under the MDD, IVDD or AIMDD will have their designations rolled over automatically, without having to undergo a new designation process. These Notified Bodies will be known as ‘Approved Bodies’ as of 1 January 2021.

UK Approved Bodies will only be able to conduct conformity assessments as follows:

  • 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)
  • 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 in Northern Ireland)
Class I device manufacturers

Manufacturers of Class I medical devices and general IVDs will be able to self-declare their conformity against Part II and Part IV of 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 an Approved Body in order to be affixed with the UKCA mark and placed on the Great Britain market.

CE marking and Notified Bodies

CE marking

The MHRA will continue to recognise the CE mark for devices until 30 June 2023. This will apply to devices placed on the Great Britain market 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.

Devices that have been CE marked by Northern Ireland traders will continue to be accepted on the Great Britain market beyond 30 June 2023. This will apply to devices that have been self-certified or have undergone mandatory third-party conformity assessment by an EEA-based Notified Body. Please see further guidance below on regulation of medical devices in Northern Ireland.

Notified Bodies

Certificates issued by EEA-based Notified Bodies will continue to be valid for the Great Britain market until 30 June 2023.

If you wish to place a CE marked device on the Great Britain market from 1 January 2021, any mandatory third-party conformity assessment and certification will need to have been conducted by an EEA-based Notified Body. This will allow you to place a CE mark on your device and place it on both the UK and EU markets.

Recognition of existing CE certificates for the Great Britain market

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 mark continues to be recognised in Great Britain. This will include devices placed on the market that conform with the EU MDR or EU IVDR.

Therefore, any enforcement or market surveillance powers available in respect of the UKCA mark will apply to CE marked devices. Where your certificate has been issued by a UK Notified Body, the 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.

Labelling requirements

As of 1 January 2021, medical devices placed on the Great Britain market will need to have either a UKCA mark or a CE mark, 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 mark 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.

Post-market surveillance and vigilance

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.

Regulation of medical devices in Northern Ireland

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 to register devices with the MHRA and have a UK Responsible Person if the manufacturer is based outside the UK, as set out below.

EU MDR and EU IVDR

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.

CE marking for the Northern Ireland market and implications for UK Approved Bodies

Although the UKCA mark will need to be used in Great Britain from 1 July 2023, a CE mark 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 for the purposes of the Northern Ireland market. You will need to use an EU-recognised Notified Body to undertake any mandatory third-party conformity assessment in order to CE mark your device. This will allow it to circulate in the EU.

UK Approved Bodies will be able to conduct conformity assessments for the purposes of the Northern Ireland market. Where a device has been assessed by a UK Approved Body, the UK(NI) mark will accompany, but not replace, the CE mark. Products carrying both the CE mark and UK(NI) mark cannot be placed on the EU market.

UKCA marked devices will not be accepted on the Northern Ireland market unless accompanied by the CE or CE UK(NI) mark.

Registration and UK Responsible Person requirements for Northern Ireland

Manufacturers wishing to place a device on the Northern Ireland market must first register with the MHRA. Please see the MHRA’s guidance on registrations for more information.

Where a manufacturer is established in Great Britain, it will need to designate a Northern Ireland or EU Authorised Representative in order to place a device on the Northern Ireland market. Where the designated Authorised Representative is based in Northern Ireland, it will be required to register with the MHRA, devices of all classes placed on the Northern Ireland market (including custom-made devices and IVDs). Where the designated Authorised Representative is based in the EU, there is no requirement to register Class I and custom-made devices or general IVDs. All other devices placed on the Northern Ireland market must be registered with MHRA.

Where a manufacturer is not established in Northern Ireland or elsewhere in the UK, it will need to designate a UK Responsible Person to register and act on its behalf.

This requirement will not apply to manufacturers based outside the EEA who have an Authorised Representative based in Northern Ireland. In such cases, the Northern Ireland-based Authorised Representative will be able to register the device on behalf of the outside-EEA manufacturer.

Post-market surveillance and vigilance

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.

Placing a medical device on the EU market

CE marking for the EU market after the transition period

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 mark to demonstrate compliance.

The UKCA mark will not be recognised on the EU market unless it accompanies the CE mark.

If you use a UK-based Notified Body (‘Approved body’) to conduct any mandatory third-party conformity assessment for your device, the following will apply:

  • if your device is placed on the EU market before 1 January 2021, in accordance with the terms of the Withdrawal Agreement, it may remain on the EU market.
  • from 1 January 2021, you will not be able to place a device on the EU market if your mandatory third-party conformity assessment has been conducted by a UK Notified Body.
Conformity assessment

The results of mandatory conformity assessment carried out by UK Notified Bodies (Approved 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 that must undergo mandatory third-party conformity assessment, you will need to use an EEA-based Notified Body.

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:

  • Get your devices reassessed by an EU-recognised Notified Body
  • Arrange for the files to be transferred to an EU-recognised Notified Body before 1 January 2021
Authorised Representatives

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 make plans to engage 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 establish an Authorised Representative based in the EU or Northern Ireland, to register and act on your behalf.

Labelling requirements

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.


Published: 1st September 2020

Source: GOV UK, Medicines and Healthcare products Regulatory Agency

Page URL: https://www.gov.uk/guidance/regulating-medical-devices-from-1-january-2021

Placing Manufactured Goods on the Market in Great Britain from 1st January 2021

Placing Manufactured Goods on the Market in Great Britain from 1st January 2021

What you need to do to comply with regulations on manufactured goods you place on the GB market from 1 January 2021.

This guidance is about placing manufactured goods on the market in Great Britain (GB). Great Britain is England, Wales and Scotland.

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.

Check which rules apply

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:

  • goods regulated under the old approach
  • goods covered by national rules (non-harmonised)
  • certain other goods, such as medical devices and civil explosives

Speak to your solicitor or trade association if you are unsure which regulatory framework applies to your goods.

Old approach goods

You must follow different rules if you’re placing the following goods on the UK market:

Goods covered by national rules (non-harmonised)

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.

Other goods

There are also special rules if you’re placing the following goods on the UK market:

Check if you need to change your conformity assessment or marking

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.

Using the UKCA marking

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.

Using the CE 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 currently apply the CE marking to your good on the basis of self-declaration
  • any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement)
  • the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body

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 self-declare the conformity of your good against the regulations
  • you voluntarily use a testing or notified body to test against European or international standards

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.

Using both the CE and UKCA 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.

Appoint an authorised or responsible person in the UK

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.

Manufacturers

Your legal obligations will remain largely unchanged from 1 January 2021.

UK distributors and suppliers

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:

  • goods are labelled with your company’s details, including your company’s name and a contact address (until 31 December 2022 you can provide these details on the accompanying documentation rather than on the good itself)
  • the correct conformity assessment procedures have been carried out and that goods have the correct conformity markings
  • the manufacturer has drawn up the correct technical documentation and complied with their labelling requirements
  • you maintain a copy of the declaration of conformity for a period of 10 years
  • goods conform with the relevant essential requirements

More information

Existing stock

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.

Relevant UK and EU legislation

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

Webinars: Preparing to make Submissions to the MHRA from 1st January 2021

Webinars: Preparing to make Submissions to the MHRA from 1st January 2021

Webinars for pharmaceutical companies, clinical trial sponsors, e-cigarette producers and brokers of medicinal products about new MHRA systems to use from 1 January 2021.

Placing Manufactured Goods on the EU Market from 1st January 2021

Placing Manufactured Goods on the EU Market from 1st January 2021

What you need to do to comply with regulations on manufactured goods you place on the market from 1 January 2021.


This guidance is about placing manufactured goods on the EU market.

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.

Check which rules apply

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:

  • goods regulated under the old approach (such as chemicals, medicines and vehicles)
  • non-harmonised goods covered by national legislation

Speak to your solicitor or trade association if you are unsure which regulatory framework applies to your goods.

Old approach 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.

Non-harmonised goods

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.

Check if you need to change your conformity assessment

You will not need to change your conformity assessment for exports to the EU if:

  • you self-declare the conformity of your good against the regulations
  • any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (whether based in the EU or in a country with which the EU has a mutual recognition agreement)
  • the certificate of conformity previously held by a UK body has been transferred to an EU-recognised notified body
  • you voluntarily use a testing body (including UK bodies) to test against European or international standards

Find out how to use the CE marking.

UK conformity assessment

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.

Appoint an EU-recognised notified body

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:

  • get your products reassessed by an EU notified body
  • arrange for information held by your existing notified body to be transferred to an EU notified body so they can issue you a new certificate
Certificates and documentation

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.

Appoint an authorised or responsible person

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.

Manufacturers

Your legal obligations will remain largely unchanged from 1 January 2021.

EU-based distributors

If you have an EU based distributor they will become an ‘importer’ from 1 January 2021.

They will need to make sure:

  • goods are labelled with their address and either your details or your EU, EEA or Norther Ireland-based authorised representative’s details (including your company’s name and a contact address or registered trademark)
  • the correct conformity assessment procedures have been carried out and that goods have the correct conformity markings
  • you, as the manufacturer, have drawn up the correct technical documentation and complied with the labelling requirements
  • they maintain a copy of the declaration of conformity for a period of 10 years
  • goods conform with the relevant essential requirements
EU-based fulfilment service providers

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.

More information

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

Meeting Climate Change Requirements from 1st January 2021

Meeting Climate Change Requirements from 1st January 2021

How climate change regulations, emissions trading, ecodesign and energy labelling will change from the 1st January 2021.

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.

Meeting climate change requirements from 1 January 2021

Find out how this would affect:

  • climate change regulations
  • emissions trading
  • energy using products
  • ecodesign and energy labelling

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

Page URL: https://www.gov.uk/government/publications/meeting-climate-change-requirements-if-theres-no-brexit-deal?utm_source=845f74a1-ec8b-470c-8fbd-ea4ee7adb35f&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Moving Goods under the Northern Ireland Protocol

Moving Goods under the Northern Ireland Protocol

This guidance provides support for businesses engaging in new processes under the Northern Ireland protocol.

Moving Goods under the Northern Ireland Protocol

Moving Goods under the Northern Ireland Protocol – Section One:
Moving Goods from Northern Ireland to Great Britain

Moving Goods under the Northern Ireland Protocol – Section Two:
Moving Goods from Great Britain to Northern Ireland

Moving Goods under the Northern Ireland Protocol – Section Three:
Moving Goods from Northern Ireland to the European Union

Moving Goods under the Northern Ireland Protocol – Section Four:
Moving Goods from Northern Ireland to the rest of the world

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

Page URL: https://www.gov.uk/government/publications/moving-goods-under-the-northern-ireland-protocol?utm_source=fbffa280-90ca-4d09-b49b-f2983613217a&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

Moving Goods into, out of, or Through Northern Ireland from 1st January 2021

Moving Goods into, out of, or Through Northern Ireland from 1st January 2021

What UK businesses can do now to get ready for 2021.

The Northern Ireland Protocol

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 OfficeNorthern Ireland Office, and Government Digital Service

Page URL: https://www.gov.uk/guidance/moving-goods-into-out-of-or-through-northern-ireland-from-1-january-2021?utm_source=66882189-a560-4ea2-992c-50f1f4da2a15&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Register an Interest in the Trader Support Service

Register an Interest in the Trader Support 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:

  • move goods between Great Britain and Northern Ireland, or bring goods into Northern Ireland from outside the UK
  • act on behalf of someone to move goods between Great Britain and Northern Ireland, or bring goods into Northern
    Ireland from outside the UK
  • are based in Northern Ireland and receive goods from outside of Northern Ireland
  • send parcels between Great Britain and Northern Ireland, or bring parcels into Northern Ireland from outside the UK,
    using Royal Mail or an express operator

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

Major £650 Million Investment for Northern Ireland

Major £650 Million Investment for Northern Ireland

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.

  • A new free-to-use Trader Support Service backed by funding of up to £200 million will complete digital processes on behalf of
    businesses importing goods into Northern Ireland.
  • £155m to fund the development of new technology to ensure the new processes can be fully digital and streamlined.
  • £300 million confirmed funding for the PEACE Plus programme will help to support peace, prosperity and reconciliation projects
    on the island of Ireland.

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 OfficeNorthern Ireland OfficeThe Rt Hon Michael Gove MPThe Rt Hon Brandon Lewis MP

Page URL: https://www.gov.uk/government/news/major-650-million-investment-for-northern-ireland?utm_source=62f89f14-f03f-4e34-9e20-b1bad60f9a28&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Continuity of the Supply of Medicines and Medical Products to the UK

Continuity of the Supply of Medicines and Medical Products to the UK

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

How Healthcare Providers can Prepare for 1st January 2021

How Healthcare Providers can Prepare for 1st January 2021

What providers and commissioners of healthcare services can do to prepare for 1 January 2021.

This guidance sets out the actions that healthcare providers should take to prepare for 1 January 2021. Doing this will help to plan for and
manage potential service disruption to healthcare.

This guidance is for commissioners and healthcare providers, including hospitals, care homes, GP practices and community pharmacies.

You can also see guidance for adult social care providers.

Supply of medical products

Read about the government’s plan to introduce import controls on EU goods after 31 December 2020.

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.

If you have any questions, you can contact the relevant government team for your sector:

Business continuity plans

Make business continuity and contingency plans and review them regularly. Keep the plans up to date and consistent with other local
contingency plans, in particular those being developed by your local resilience forum.

Make sure you also have plans in place for the months after 31 December 2020 to ensure continuity of care for service users.

Workforce

Actions:

  • review your capacity and activity plans regularly.
  • make sure your business continuity plans cover the supply of staff you need to deliver services before and after 31 December 2020
  • you don’t need to change existing EU staff employment contracts
  • you must notify your local commissioner as soon as possible if there is any risk to service delivery

The EU Settlement Scheme

Tell any staff who are EU citizens about the EU Settlement Scheme. Help staff to apply if they need support.

Through the EU Settlement Scheme, EU nationals can register for settled status if they have been in the UK for 5 years or pre-settled
status if they have been here for less than 5 years.

The scheme is free and it’s simple to register. The deadline for applications is 30 June 2021.

Irish citizens are not required to apply for the EU Settlement Scheme, although there are some circumstances where they may wish to.
Non-Irish family members of Irish citizens will need to apply.

Recognition of professional qualifications

EEA and Swiss health and care professionals who are registered and practising before 1 January 2021 will continue to be able to do so
from 1 January 2021.

For any professional registration queries, please contact the relevant professional regulator.

EU Third Health Programme

Successful bids for EU funding from the Third Health Programme made before 31 December 2020 will receive their full financial allocation
for the lifetime of the project or joint action.

Help and contacts

Help with developing business continuity and contingency plans

If you need support in developing a business continuity plan or contingency plan, contact your local commissioner or contacts within your
local authority.

Help with workforce queries

Raise concerns about capacity and resourcing in the usual way.

It is important to tell your local commissioner and the Care Quality Commission as soon as possible if there is any risk to service delivery.

Help with supply of medicines and vaccines

Continue to manage medicine and vaccine supply issues in the way you usually do.

Report concerns about supply issues through your regional pharmacist.

Help with supply of medical devices, clinical consumables and
non-clinical goods and services

Start by following your usual processes. Check with your supplier or other relevant teams in your organisation.

Check with your clinical lead if you can use a different brand or product. If you can use an alternative but you are concerned about the
initial shortage, report it through your usual escalation channels. This will ensure that supply can be restored as quickly as possible.

Tell your local commissioner and the Care Quality Commission as soon as possible if disruption to the supply of medical devices, clinical
consumables and/or non-clinical goods and services poses a risk to service delivery.

This page tells you what you’ll need to do from 1 January 2021. It will be updated if anything changes. For current information, read:
You can also read about the transition period.


Published: 3rd August 2020

Source: GOV UK, Department of Health and Social Care

Page URL: https://www.gov.uk/guidance/how-healthcare-providers-can-prepare-for-brexit?utm_source=0e1026bc-a981-446a-ad36-9702a2d44e6d&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Government Contacts to Help Medical Supply Businesses After 31 December 2020

Government Contacts to Help Medical Supply Businesses After 31 December 2020

Government contacts that supply businesses can use to keep medical products flowing into the UK after 31 December 2020.


Import controls

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.


Contacts
If you have any questions about ensuring the flow of medical supplies into the UK after 31 December 2020, you can contact
the relevant government team for your sector:

This page tells you what you’ll need to do from 1 January 2021. It will be updated if anything changes.
For current information, read: Reporting requirements for medicine shortages and discontinuations
You can also read about the transition period.


Published: 3rd August 2020

Source: GOV UK, Department of Health and Social Care

Page URL: https://www.gov.uk/guidance/government-services-to-help-medical-supply-businesses-manage-brexit?utm_source=c461308a-46bc-4471-8325-ddb23f633caa&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Apply for Grants if your Business Completes Customs Declarations

Apply for Grants if your Business Completes Customs Declarations

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:

  • training that helps your business to complete customs declarations and processes
  • hiring new staff to help your business complete customs declarations
  • IT improvements to help your business complete customs declarations more efficiently


Who can apply

Your business must:

  • have been established in the UK for at least 12 months before the submission of your application and when the grant is paid
  • not have previously failed to meet its tax obligations – we’ll check our records to decide if we can offer your business a grant

In addition, your businesses must meet one of the descriptions below:

  • complete or intend to complete customs declarations on behalf of your clients
  • be an importer or exporter and complete or intend to complete declarations internally for your own goods
  • be an organisation which recruits, trains and places apprentices in businesses to undertake customs declarations.


What you must use the grants for

Recruitment

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.

Training

The training must give you or your employees the skills to:

  • complete customs declarations
  • carry out customs processes – this can include relevant training in safety and security

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.

IT improvements

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:

  • buy hardware that’s needed for the software to run
  • install and configure the software and hardware
  • buy the first year licence
  • train employees to use the software

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.


Amounts of funding available

Recruitment grant

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.

Training grant

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.

IT improvements

The grant will give you 100% of the costs relating to your IT expenditure to improve the efficiency of making customs declarations.

State aid limitations

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.


What you’ll need

When you apply, you’ll be asked for your business’s:

  • registered name and number
  • contact details
  • VAT number (if this applies)
  • Unique Taxpayer Reference (UTR)
  • most recent utility bill

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.

Recruitment

You’ll be asked to complete an application setting out how the money will be used. You’ll need to give information about:

  • why you expect your business to need more staff
  • the stage your recruitment process is at
Training grant

You’ll be asked for:

  • a quote for the cost of the training – where appropriate this can include but is not limited to trainer costs, venue hire, training materials, and travel and subsistence
  • the CV of the trainer if the training will be delivered internally
IT improvements grant

You’ll be asked for:

  • details of the software you intend to buy
  • quotes for the cost of:
    • buying and installing the software
    • buying and installing related hardware
    • training employees to use the software


How to apply

PricewaterhouseCoopers (PwC) is administering the grants for HMRC.

Apply online through PwC.


After you’ve applied

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.


How to treat the grants for tax

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

Page URL: https://www.gov.uk/guidance/grants-for-businesses-that-complete-customs-declarations?utm_source=481332b1-eac5-43e4-92c8-dedb7b868a68&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

UK Transition Communications Resources

UK Transition Communications Resources

Images, branding and other communication resources for the UK Transition campaign in England, Wales, Scotland and Northern Ireland.

UK Government Publishes New Border Operating Model

UK Government Publishes New Border Operating Model

Border Operating Model published to provide clarity and certainty for traders and the border industry.

  • Border Operating Model published to provide clarity and certainty for traders and the border industry
  • This follows yesterday’s announcement of an unprecedented £705 million investment for new infrastructure,
    jobs and technology at GB-EU border
  • The Government also plans to set out vision for world’s most effective border by 2025 later this month

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:

  • Get a customs intermediary. Intermediaries can help traders find the information needed to complete formalities and submit the required declarations, for example customs information to HMRC systems. This simplifies the declaration processes for traders. If you decide not to use an intermediary, you will need to make declarations yourself.
  • Apply for a duty deferment account. Traders who import goods regularly, may benefit from having a duty deferment account. This enables customs charges including customs duty, excise duty, and import VAT to be paid once a month through Direct Debit instead of being paid on individual consignments.
  • Prepare to pay or account for VAT on imported goods.
  • Ensure you have International Driving Permits.
  • Apply for a GB Economic Operator Registration and Identification (EORI) number. This is required for all businesses moving goods into or out of the UK.

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

Page URL: https://www.gov.uk/government/news/uk-government-publishes-new-border-operating-model#:~:text=Following%20extensive%20engagement%20with%20industry,publishing%20the%20Border%20Operating%20Model.&text=On%20December%2031st%202020%20the,border%20as%20a%20sovereign%20nation.

How to Import and Export Goods Between Great Britain and the EU from 1st January 2021

How to Import and Export Goods Between Great Britain and the EU from 1st January 2021

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

Page URL: https://www.gov.uk/government/publications/how-to-import-and-export-goods-between-great-britain-and-the-eu-from-1-january-2021?utm_source=31ea2a1b-cddb-42e6-bca5-f29e329021ea&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Online Activities and the eCommerce Directive

Online Activities and the eCommerce Directive

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

Declaring Goods Brought into Great Britain from the EU from 1st January 2021

Declaring Goods Brought into Great Britain from the EU from 1st January 2021

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.

Moving Goods into, out of, or through Northern Ireland from 1st January 2021

Moving Goods into, out of, or through Northern Ireland from 1st January 2021

What UK businesses can do now to get ready for 2021.

The Northern Ireland Protocol

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 OfficeNorthern Ireland Office, & Government Digital Service

Page URL: https://www.gov.uk/guidance/moving-goods-into-out-of-or-through-northern-ireland-from-1-january-2021?utm_source=a82985b9-5e96-43c4-897b-0f8ec70bcca5&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

The eCommerce Directive after the Transition Period

The eCommerce Directive after the Transition Period

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.


Changes from 1 January 2021

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:

  • for payment, including indirect payment such as advertising revenue
  • ‘at a distance’ (where customers can use the service without the provider being present)
  • by electronic means, and
  • at the individual request of a recipient of the service

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:

  • online information
  • online advertising
  • online shopping
  • online contracting

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:

  • tax
  • questions about agreements or practices governed by cartel law
  • certain gambling activities
  • personal data covered by the GDPR and e-Privacy Directive
  • legal requirements relating to goods such as safety standards, labelling obligations or liability for goods
  • requirements relating to delivering or transporting goods.

4. More steps you can take to prepare for changes

We also recommend that you:

  • ensure that you have processes in place for ongoing compliance if individual EEA states change their requirements governing online activities
  • consider legal or other professional advice

Other provisions in the eCommerce Directive

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.

During the transition period

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

Page URL: https://www.gov.uk/guidance/ecommerce-directive-what-online-service-providers-in-the-uk-should-do-to-get-ready-for-brexit?utm_source=c8350d81-f81f-477f-8c58-26968cc7ec78&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Moving your Goods to the EU or Common Transit Countries

Moving your Goods to the EU or Common Transit Countries
If you’re using Union and Common Transit you’ll need to prepare your goods and plan your route.
You also need to check how to complete the different declarations you’ll need.

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.

Planning your route

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.

Check if you need to complete an export declaration

You’ll need to submit a UK export declaration before completing your transit declaration if your goods are:

  • going to an office of destination in a Common Transit country
  • being exported outside the EU once your transit movement has ended

After you have submitted your export declaration you will need to complete a transit declaration.

Complete your transit declaration

Work out the status of your goods under transit

You’ll need to know what status your goods have under transit.

Your goods are T1 status if they are:

  • non-union goods
  • union goods where a refund of duties applies

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.

Filling in your transit declaration

To fill in the transit declaration, you’ll need the reference numbers for:

  • the office of departure or authorised consignor (your own or an agent’s premises)
  • offices of transit (based on the route your goods are taking)
  • the office of destination or authorised consignee (your own or an agent’s premises)

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:

  • your EORI number
  • the status of your goods
  • your local reference number (a unique number less than 22 characters that you create yourself)
  • your guarantee reference number
  • estimated time it will take to for your goods to reach the office of destination
  • the master reference number from your UK export declaration – if you needed to submit one
  • the master reference number from the previous declaration for the goods – if you made one and do not need to submit an export declaration

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.

Submitting your transit 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 moving your goods

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:

  • the transit accompanying document with the movement reference number
  • any licences (if needed)

If your goods are moving through a country outside the EU

You must tell the haulier to present your goods with all accompanying documents to the offices of transit listed on the transit declaration.

When your goods reach the country they’re moving to

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.

Further information

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

Page URL: https://www.gov.uk/guidance/how-to-move-goods-between-or-through-common-transit-countries-including-the-eu?utm_source=c8365ea9-8341-4062-b585-e2dec9c10e9b&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Changes to EU and International Designs and Trade Mark Protection from 1 January 2021

Changes to EU and International Designs and Trade Mark Protection from 1 January 2021

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).

What will change after the end of the transition period

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:

  • a national registered design granted by the IPO of the UK
  • a registered Community design granted by the EUIPO
  • an international registration designating either the UK or the EU, filed under the Hague Agreement at WIPO
  • unregistered protection can be obtained in the UK through the UK design right and the EU unregistered Community design.

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.

Registered design

Creation of the re-registered design

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.

Pending applications

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.

Effect of priority claims

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.

How UK design and international design and trade mark law currently works

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.

We are changing UK design and trade mark law

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.

Numbering of re-registered design

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 numberRe-registered UK design number
004048098-000490040480980004
000000021-000190000000210001

Opt out

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:

  • if you have assigned, licensed or entered into an agreement in relation to the re-registered design if you have already launched proceedings based
    upon it.

How to request an opt out

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.

Renewals and restoration

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.

Designs which expire after 1 January 2021

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.

Designs which expire before 1 January 2021

We will also create a re-registered design from any RCD which:

  • expired in the 6 months prior to 1 January 2021
  • has not been subject to a late renewal action at EUIPO by is still within its 6 month late renewal period on 1 January 2021

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.

RCD registrations and applications reinstated after 1 January 2021

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.

Deferred publication

Where publication of the RCD is deferred at EUIPO

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.

Applying for the UK registered design to be deferred

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 RCDAmount of maximum RCD deferment period remaining at 1 January 2021Post-January 2021 filing date of UK applicationHow long publication will be deferred
1 October 20183 months (ie until 1 April 2021)1 March 20211 month (ie until 1 April 2021, when corresponding RCD deferment period
expires)
1 January 202018 months (ie until 1 July 2022)1 October 20219 months (ie until1 July 2022,
when corresponding RCD deferment
period
expires)
1 November 202028 months (ie until 1 May 2023)1 October 202112 months (ie until 1 October 2022,
when UK deferment period expires)
31 December 202030 months (ie until 31 June 2023)31 March 202112 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..

How UK design and international design and trade mark law currently works

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.

We are changing UK design and trade mark law

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 OfficeGovernment Digital Service

Page URL: https://www.gov.uk/guidance/changes-to-eu-and-international-designs-and-trade-mark-protection-after-the-transition-period?utm_source=b9dad139-10e5-4910-91b1-6bac576a6ec4&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Changes to International Trade Mark Registrations After 1st January 2021

Changes to International Trade Mark Registrations After 1st January 2021

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.

Comparable trade mark (IR)

Creation of the comparable UK trade mark

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.

Effect of international (EU) subsequent designations

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.

Numbering of comparable trade mark

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 markComparable UK trade mark (IR)
000000977UK00800000977
000025197UK00800025197
000340513UK00800340513
017867542UK00817867542

Pending applications

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.

Pending applications to transform an international registration

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.

Opt out of receiving a UK comparable trade mark

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.

Renewals and restoration

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.

Comparable trade marks which expire after 1 January 2021

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:

  • this procedure equates to renewal of a comparable trade mark (IR) after its expiry date has passed
  • the ‘late’ renewal of rights which have expired at any time within the 6 months after 1 January 2021 will not be subject to an additional late renewal fee
  • where your comparable trade mark (IR) corresponds to an EU subsequent designation, its renewal date will be different from the renewal date accorded to the international registration
  • where the ten-year anniversary of the date of your EU subsequent designation falls at any time after 1 January 2021, that date shall become your comparable trade mark’s renewal date. You will still be required to renew it at the IPO
  • renewal of your corresponding international registration at WIPO will have no bearing on renewal of the comparable trade mark
  • 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 comparable trade mark (IR).
  • any comparable trade mark (IR) with a renewal date falling at any time after 1 January 2021 will be subject to a UK renewal action and fee. This will be regardless of whether a renewal action was taken on the corresponding international registration before 1 January 2021
  • where the comparable UK right is not renewed, it will be removed from the register but may be restored at a later date in accordance with existing UK law

International trade marks which expire before 1 January 2021

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:

  • 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 comparable trade mark
  • this means that the comparable trade mark will be automatically 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 renewal of the comparable trade mark (IR) which derived from the international trade mark
  • where your comparable trade mark (IR) corresponds to an EU subsequent designation, it will inherit the date of EU protection for that designation. This date will be used for future renewals

Validity of ‘new’ UK expiry date

The ‘new’ UK expiry date adopted by the comparable trade mark will be redundant in the following circumstances:

  • where the EU subsequent designation relates to an international registration that has expired in the 6 months prior to 1 January 2021 and has not yet been renewed, and
  • where the international registration is still in its late-renewal period
  • the UK expiry date will only become effective once the corresponding international registration has itself been renewed at WIPO

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.

Effect of priority and seniority claims

Priority date

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 of a trade mark

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.

Certification and collective marks

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.

Use and reputation

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

Page URL: https://www.gov.uk/guidance/changes-to-international-trade-mark-registrations-after-the-transition-period?utm_source=69a9213c-d0c7-4b79-8e6e-18222388a9b8&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

International EU Protected Designs After 1st January 2021

International EU Protected Designs After 1st January 2021

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.

Creation of the re-registered international design

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.

Numbering of re-registered design

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 databaseRe-registered UK design number (as it will be shown on the IPO’s register and online search platform)
DM/069 640D069640-0001 (in this example, the four-digit sequence ‘0001’ denotes a single design)806964000010000
DM/069 629D069629-0001 (in this example, the four-digit sequence ‘0001’ denotes the first design in a multiple application)806962900010000
DM/069 629D069629-0002 (in this example, the four-digit sequence ‘0002’ denotes the second design in a multiple application)806962900020000

Pending applications

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.

Claiming an earlier filing date

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.

Opt out of holding a re-registered international design

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.

Renewals and restoration

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.

Designs which expire after 1 January 2021

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.

Designs which expire before 1 January 2021

We will also create a re-registered international design from any International Registration that:

  • has expired in the six-months prior to 1 January 2021
  • has not been subject to a late renewal action at WIPO by 1 January 2021
  • is still within its six-month late renewal period

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.

Deferred publication

Where publication of the international registration is deferred at WIPO

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.

Applying for the UK registered design to be deferred

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.

Priority claims

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

Page URL: https://www.gov.uk/guidance/international-eu-protected-designs-after-brexit?utm_source=b89c53ad-f6e5-4068-b4a4-0109580cec59&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

List of Customs Agents and Fast Parcel Operators from 1st January 2021

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Government Accelerates Border Planning for the End of the Transition Period

Government Accelerates Border Planning for the End of the Transition Period

Border controls for EU goods imported into Great Britain will be introduced at the end of the
Transition Period in stages to give businesses affected by coronavirus more time to prepare.

  • New GB border arrangements confirmed for next year as the UK formally notifies
    the EU that it will neither accept nor seek any extension to the Transition Period.
  • Border controls for EU goods imported into Great Britain (GB) will be introduced at the end of Transition Period in stages to give businesses
    affected by coronavirus more time to prepare.
  • New GB border infrastructure to carry out checks and £50million of grants to accelerate growth of the UK’s current customs intermediaries’ sector.

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:

  • From January 2021: Traders importing standard goods, covering everything from clothes to electronics, will need to prepare for basic customs
    requirements, such as keeping sufficient records of imported goods, and will have up to six months to complete customs declarations. While tariffs
    will need to be paid on all imports, payments can be deferred until the customs declaration has been made. There will be checks on controlled goods
    like alcohol and tobacco. Businesses will also need to consider how they account for VAT on imported goods. There will also be physical checks at the
    point of destination or other approved premises on all high risk live animals and plants.
  • 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 declarations at the point of importation and pay relevant tariffs. Full Safety and Security
    declarations will be required, 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.

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.

More detail on the stages:

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.

Read more about the measures

Background

  • Today’s meeting of the Withdrawal Agreement Joint Committee (WAJC) was the last meeting before the deadline to extend the Transition Period (before
    1st July 2020), and therefore the last formal opportunity to discuss and agree such an extension. Only the WAJC can agree to extend to the Transition
    Period and it cannot do this via written procedure.
  • In order to coordinate implementation of these new border controls, Border and Protocol Delivery Group has transferred from HMRC to the Cabinet Office.
    This move will help to ensure the readiness of the border for the end of the Transition Period and lay the foundations for the development of the best
    border in the world by 2025.
  • The UK Global Tariff will apply to all goods imported into the UK from 1 January 2021, unless an exception applies. The measures announced today will not
    apply to third countries outside of the EU. Full import controls will continue to apply on trade between the UK and third countries outside of the EU and EEA.
  • This is aimed at GB/EU trade. This approach does not apply to the flow of trade between Northern Ireland and Ireland, or between Northern Ireland and GB.
  • Further details of the Government’s new package for customs intermediaries can be found on GOV.UK.


Published: 12th June 2020

Source: GOV UK, Cabinet Office

Page URL: https://www.gov.uk/government/news/government-accelerates-border-planning-for-the-end-of-the-transition-period

The UK-EU Future Relationship Negotiations: Summary of Positions

The UK-EU Future Relationship Negotiations: Summary of Positions

The EU and UK agreed a Political Declaration (PD) setting out the framework for the future EU-UK relationship, alongside the 
Withdrawal Agreement (WA), on 17 October 2019. The October PD and WA revised the earlier PD and WA texts agreed by
Theresa May’s Government and the EU in November 2018.

Unlike the WA, the PD is a non-binding document and did not require ratification by either party. It set out parameters for the
negotiations, based on a set of joint commitments covering both an economic and security partnership and accompanying
governance arrangements. See the Commons Library Briefing Paper on the PD.   

The EU’s negotiating position was set out in the directives adopted by the Council of the EU on the 25 February. This was
based largely on the proposed directives presented by the European Commission on 3 February, although there were some
amendments following consideration by the Member States. The EU’s position on certain key principles for the negotiations
was also clear from earlier statements by the President of the European Commission, Ursula von der Leyen, and chief
negotiator Michel Barnier. Slides published by the Commission in January 2020, and materials published by the Commission 
to accompany the draft directives on 3 February, also provided more detail.

The UK Government published a command paper setting out its approach on 27 February. This elaborated on positions
previously set out in a House of Commons written statement by the Prime Minister on 3 February. Speeches by the 
Prime Minister on 3 February and the UK chief negotiator David Frost on 17 February, and the statement by the Chancellor of
the Duchy of Lancaster Michael Gove following the publication of the command paper on 27 February also provided more
context and detail on the Government’s position.

The UK and EU positions going into the negotiations were summarised in the House of Commons Library briefing paper 8834, 
The UK-EU future relationship negotiations: process and issues.

The European Commission published a draft future relationship treaty on 18 March which provides more clarity and detail on
its position. The UK has also tabled treaty texts covering the suite of agreements it is proposing. These were published on 19 May.

The positions of the UK and EU in the negotiations, based on the publicly available documents and statements prior to publication
of the UK texts on 19 May, are summarised in the attached tables.

The tables in the attached paper provide a summary of the UK and EU positions in the future relationship negotiations, based on
publicly available documents and statements.

Published: 20th May 2020

Source: House of Commons Library

Page URL: https://commonslibrary.parliament.uk/research-briefings/cbp-8920/?utm_source=HOC+Library+-+Research+alerts&utm_campaign=c689cecc9d-EMAIL_CAMPAIGN_2020_05_21_08_00&utm_medium=email&utm_term=0_a9da1c9b17-c689cecc9d-102521013&mc_cid=c689cecc9d&mc_eid=4ef2f533a7

UK Tariffs from 1 January 2021

UK Tariffs from 1 January 2021

How to check the tariffs that will apply to goods you import when the UK Global Tariff takes effect on 1 January 2021.

From 1 January 2021, the UK will apply a UK-specific tariff to imported goods.  

This UK Global Tariff (UKGT) will replace the EU’s Common External Tariff, which applies until 31 December 2020.

The government ran a consultation to inform development of the UKGT. Read the summary of public responses and
government response for full details.

What the tariff applies to

The UKGT will apply to all goods imported into the UK unless:

It only shows the tariffs that will be applied to goods at the border when they’re imported into the UK.

It does not cover:

Goods covered by a tariff-rate quota

Some products are covered by a tariff-rate quota. This allows a limited amount of a product to be imported at a zero
or lower tariff rate. 

The limit may be expressed in units of:

  • weight
  • volume
  • quantity
  • value   

If this limit is exceeded, a higher tariff rate applies.

If there is a tariff-rate quota on your product, you can apply to import a limited amount at a reduced rate of customs
duty.  Some tariff-rate quotas are only applicable to products imported from a specified country.

The government will publish further advice on tariff-rate quotas later in 2020. This will be based on the quotas in the 
UK goods schedule at the World Trade Organization, published in draft in 2018.

How to check the tariff

Use the UK Global Tariff tool to check the tariffs that will apply to goods you import from 1 January 2021

You can search using:

  • an 8 digit commodity code
  • a product description
  • a combination of these

You can download the full UKGT (csv: 2.5mb).

We have simplified and liberalised many tariffs on goods imported into the UK. Government amendments are
highlighted in the ‘change’ column in the UK Global Tariff tool.

‘Liberalised’ means the tariff has been reduced to zero.

‘Simplified’ means the tariff has been rounded down or ‘banded’. For some complex tariffs this means the tariff is now
expressed as a single percentage.

‘Reduced’ means the tariff has been lowered beyond the simplification measure.

‘Currency conversion’ means that tariffs have been converted at an exchange rate of €1 = 0.83687 GBP. After this
conversion, rates equal to or over £10 have been rounded down to the nearest whole pound. Rates under £10 have been
rounded down to the nearest 10 pence.

For more details on the exact changes and amendments read the government response to the consultation.

Tariff relief on some goods for tackling coronavirus (COVID-19)

The tariff and VAT have been removed on some goods.

This will be reviewed throughout 2020 and will continue to apply in 2021 if necessary.

Find the tariffs which are subject to relief measures because of COVID-19.


Published: 19th May 2020

Source: GOV UK

Page URL: https://www.gov.uk/guidance/uk-tariffs-from-1-january-2021?utm_source=3efc1970-1abf-4ee6-9643-02d25af1c7c2&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

EU Regulators to Propose 1-Year MDR Delay

EU Regulators to Propose 1-Year MDR Delay

With patient health and safety as a guiding principle, the Commission announced on 25 March 2020 that work on a proposal to postpone the application date of the Medical Devices Regulation (MDR) for one year is ongoing.

The goal is to submit this proposal in early April so the Parliament and Council can adopt it by the end of May, its deadline for entry into force.

This will take the pressure off national authorities, notified bodies, manufacturers and other actors so they can focus fully on urgent priorities related to the coronavirus crisis.


Published: 26th March 2020

Source: MedTech Dive

Page URL: https://www.medtechdive.com/news/coronavirus-eu-mdr-commission-proposal-1-year-delay/574842/

The UK’s Trade Agreements

The UK’s Trade Agreements

Find out which trade agreements the UK is negotiating and which trade agreements the UK has already signed.

The UK is seeking trade agreements with our major trading partners.

The UK is also seeking to reproduce the effects of existing EU trade agreements for when they no longer apply to the UK.
These are called continuity agreements.

Trade agreements set out the rules that cover trade between 2 or more countries. They aim to make trading easier between
those countries. They do this by reducing the restrictions on imports and exports between them.

Find out more about trade agreements

Trade negotiations the UK is prioritising

The UK has left the EU. We are now able to negotiate, sign and ratify new trade agreements. These can come into force
after 31 December 2020.

The UK’s priority is to launch negotiations with the EU, the US, Australia, New Zealand and Japan.

The government is continuing its programme of work to reproduce effects of existing EU trade agreements. It is also
considering joining the
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

The approach to the Future Relationship with the EU

The UK’s trade negotiations with the US

Public engagement

The government is engaging with stakeholders to inform the UK’s trade policy and negotiations.

The government has run consultations on potential future trade agreements with the US, Australia, New Zealand and a call for
input on a potential agreement with Japan.

It has also consulted on the government’s intention to potentially join the CPTPP.

The government has established the Strategic Trade Advisory Group and a network of Expert Trade Advisory Groups to support
the development of our trade policy and negotiations.

Trade with the US

Trade with Japan

Trade with Australia

Trade with New Zealand

Trade with the Comprehensive and Progressive Agreement for Trans-Pacific Partnership 

Existing UK trade agreements with non-EU countries

Until 31 December 2020, EU agreements can continue to apply to the UK. The UK is seeking to reproduce the effects of
existing EU trade agreements for when they no longer apply to the UK.

Agreements that have been signed are expected to take effect from 1 January 2021.

Existing UK trade agreements with non-EU countries


Published: 2nd March 2020

Source: Department for International Trade

Page URL: https://www.gov.uk/government/collections/the-uks-trade-agreements?utm_source=75e7deaa-3d26-4880-aa3b-dc9af7777128&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Our Future Relationship with the EU: Chancellor of the Duchy of Lancaster’s Statement to Parliament

Our Future Relationship with the EU: Chancellor of the Duchy of Lancaster’s Statement to Parliament

Michael Gove made a statement in the Chamber on the Government’s (27th February 2020) approach to negotiations with the EU on the future relationship, with a policy paper published summarising their plans.

Talks with the EU on our future relationship will begin and the government’s aim is to secure a comprehensive free trade agreement as well as agreement on questions such as fisheries, internal security and aviation.

Oral statement to Parliament –

With your permission, Mr Speaker, I would like now to make a statement on the Government’s approach to our Future Relationship with the European Union.

Now that Britain has left the EU we are entering a new chapter in the history of these islands.

This Government has honoured the clearly expressed wish of the British people. Their instruction to us, their servants, to secure our departure from the EU has been followed. The votes of 17.4 million people – more than have ever voted for any democratic proposition in our history – were implemented on January 31 and we are now on a new journey.

As a sovereign, self-governing, independent nation we will have the freedom to frame our own laws, control our own borders, lower all our taxes, set our own tariffs, determine our own trade relationships and ensure we follow the people’s priorities on security, the economy and democratic accountability.

Over the next nine months we will negotiate a new relationship with our friends and partners in the EU based on free trade and friendly co-operation. We have today published the approach for those negotiations and copies of the document – The Future Relationship with the EU – were made available to Members in the Vote Office from 9.30 am.

Talks with the EU on our future relationship begin next week and it is our aim to secure a comprehensive free trade agreement as well as agreement on questions such as fisheries, internal security and aviation.

We are confident that those negotiations will lead to outcomes which work for both the UK and the EU. But this House, our European partners and, above all, the British people should be in no doubt: at the end of the Transition Period, on the 31 December, the United Kingdom will fully recover its economic and political independence. We want the best possible trading relationship with the EU but in pursuit of a deal we will not trade away our sovereignty.

The Government’s vision for the UK’s future relationship with the EU was outlined with crystal clarity by the Prime Minister during the general election campaign, and the election result comprehensively confirmed public support for our direction of travel. And in his speech in the Painted Hall in Greenwich on February 3rd, the Prime Minister laid out in detail how we will reach our destination.

The first principle of our approach is that we wish to secure a relationship based on friendly cooperation between sovereign equals. We respect the EU’s sovereignty, autonomy and distinctive legal order, and we expect them to respect ours.

We will not accept nor agree to any obligations where our laws are aligned with the EU or the EU’s institutions, including the Court of Justice.

Instead, each party will respect the other’s independence and the right to manage its own borders, immigration policy and taxes.

The second, and allied, principle of our approach is that we will seek to emulate and build on the types of relationship that the EU already has with other independent sovereign states.

We will use precedents already well established and understood to ensure both sides’ sovereignty is respected. And by using already existing precedents we should be able to expedite agreement. We will seek functioning arrangements the EU will recognise from its many other relationships.

So our proposal draws on existing EU agreements such as the Comprehensive Economic Trade Agreement with Canada, the EU/Japan Economic Partnership Agreement and the EU/South Korea Free Trade Agreement.

This approach will enable us to move swiftly towards the goal envisaged in the Political Declaration agreed last October, in which both sides set the aim of concluding a ‘zero tariffs, zero quotas’ Free Trade Agreement, or FTA.

And as well as concluding a full FTA, we will require a wholly separate agreement on fisheries. We will take back control of our waters, as an independent coastal state, and will not link access to our waters to access to EU markets. Our fishing waters are our sovereign resource and we will determine other countries’ access to our resources on our terms.

We also hope to conclude an agreement on law enforcement and judicial cooperation in criminal matters so we can work with the EU to protect their citizens, and ours, from shared threats. But we will not allow our own legal order to be compromised. And by taking back full control of our borders we can implement measures to make the British people even safer, and we can tackle terrorism and organised crime even more effectively.

We also wish to conclude a number of technical agreements covering aviation and civil nuclear cooperation which will help ensure continuity for the UK on its new footing as an independent sovereign nation.

Now securing agreement on all these questions should not, in principle, be difficult. We are, after all, only seeking relationships with the EU which it has with other nations, relationships that respect the interests and sovereignty of both partners.

And it is in that light we should view discussions about what has been termed the ‘level playing field’. It has been argued that EU demands in this area will make full agreement difficult. Yet there is no intrinsic reason why requirements that both parties uphold desirable standards should prejudice any deal. The United Kingdom has a proud record when it comes to environmental enhancement, workers’ rights and social protection.

In a number of key areas, we either exceed EU standards or have led the way to improve standards. On workers’ rights, for example, the UK offers a year of maternity leave – with the option to convert this to parental leave so that both parents can share care. The EU minimum is just 14 weeks.

And on environmental standards, we were the first country in the world to introduce legally-binding greenhouse gas emission reduction targets through the Climate Change Act. We were also the first major global economy to set a legally-binding target to achieve net zero greenhouse gas emissions across the economy by 2050.

We will not dilute any existing protections – indeed, as the Environment Bill debated yesterday demonstrates, we wish to go further and faster than the EU in improving the natural environment. We do not need the EU’s permission to be a liberal nation leading the world in the fight against climate change and for social progress.

And that is why the UK Government seeks an FTA with robust protections for ‘the environment’ and ‘labour standards’. But we do not see why the test of suitability in these areas should be adherence to EU law and submission to EU models of governance. The EU does not apply those principles to Free Trade Agreements with other sovereign nations and they should not apply to a sovereign United Kingdom.

Some argue that we must accept EU procedures as the benchmark because of the scale of UK trade with the EU. But the volume of UK trade with the EU is no greater than the volume of US trade with the EU, and the EU was more than willing to offer zero tariff access to the US without the application of EU procedures to US standard-setting.

And the EU has also argued that the UK is a unique case owing to its geographical location. But proximity is not a determining factor in any other FTA between other neighbouring states with large economies. It is not a reason for us to accept EU rules and regulations. You need only to look at the USMCA agreement between the US, Canada and Mexico for an example of a trade agreement that does not require regulatory alignment to one side’s rules, or demand a role for one side’s court. Geography is no reason to undermine democracy.

To be clear: we will not be seeking to dynamically align with EU rules on EU terms governed by EU laws and EU institutions.

The British people voted to take back control, to bring power home, to have the rules governing this country made by those who are directly accountable to the people of this country. And that is what we are delivering

Mr Speaker, the negotiations are due to begin next week, led by the Prime Minister’s Sherpa, David Frost, and I’d like to end by looking ahead optimistically to the coming months.

There is ample time during the transition period to strike the right deal for the UK. We hope to reach a broad agreement ahead of the EU Council’s high-level summit in June, whereupon we will take stock.

We know our proposals are measured and our approach is fair; we know what we want to achieve; we are ready to go.

And this Government is committed to establishing the future relationship in ways that benefit the whole of the UK and strengthen the Union.

We are committed to working with the devolved administrations to deliver a future relationship with the EU that works for the whole of the UK.

And may I take this opportunity to reassure colleagues that our negotiation will be undertaken without prejudice and with full respect to the Northern Ireland Protocol.

This Government will act in these negotiations on behalf of all the territories for whose international relations the UK is responsible. And in negotiating the future relationship between these territories and the EU, the UK Government will seek outcomes that support the territories’ security and economic interests, and reflect their unique characteristics.

And as the Prime Minister committed to do at the Second Reading of the Withdrawal Agreement Act, we will keep Parliament fully informed about the negotiations and colleagues will be able to scrutinise our progress in the normal way.

Mr Speaker, this Government is delivering on its manifesto commitments with energy and determination. This government got Brexit done and will use our recovered sovereignty to be a force for good in the world and a fairer nation at home.

We want and we will always seek the best possible relationship with our friends and allies in Europe – but we will always put the welfare of the British people first – and that means ensuring the British people exercise the democratic control over our destiny for which they voted so decisively – that compact with the people is the most important deal of all – and in that spirit, I commend this statement to the House.


Published: 27th February 2020

Source: GOV UK

Page URL: https://www.gov.uk/government/speeches/our-future-relationship-with-the-eu-chancellor-of-the-duchy-of-lancasters-statement-to-parliament

The Future Relationship with the EU – The UK’s Approach to Negotiations

The Future Relationship with the EU – The UK’s Approach to Negotiations

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated.

This publication is available at www.gov.uk/official-documents .


Published: February 2020

Source: GOV UK, HM Government

New Digital Tool for Exporters of Goods from the UK

New Digital Tool for Exporters of Goods from the UK

The Department for International Trade has launched ‘Check How to Export Goods’, a new digital tool to help UK businesses trade
with over 160 markets around the world.

The free tool will help you easily find and understand what is needed to export goods internationally. It provides product-specific
and country-specific information on tariffs, regulations, the UK border and other topics all in one place. It will be updated regularly
to reflect any changes to trading arrangements.

You need to be in the UK to use this service. If you’re a UK company overseas, contact the Department of International Trade.


Published: 18th February 2020

Source: Department for International Trade

Page URL: https://www.gov.uk/check-duties-customs-exporting

HMRC Extends Customs Grant Funding Deadline

HMRC Extends Customs Grant Funding Deadline

Businesses encouraged to claim remaining funding available to help them make customs declarations.

HM Revenue and Customs (HMRC) has extended the deadline for businesses to apply for customs support funding to 31 January 2021.

The scheme, first announced in September 2019, had been due to close on 31 January 2020. To date, applications have been made for around £18.5 million out of a possible £26 million – meaning there is at least £7.5 million left to claim from HMRC.

As well as supporting recruitment and improved IT capability, the money applied for so far could potentially fund nearly 15,000 training courses to help traders submit customs declarations.

Businesses can find out how to apply for grants on GOV.UK. On average it takes just 2-3 weeks for most applications to be approved.

Jesse Norman, Financial Secretary to the Treasury, said:

The UK will be leaving the single market and customs union at the end of 2020, and businesses will need to prepare to submit customs declarations.

Customs agents, freight forwarders and fast parcel operators can take advantage of the extended period by applying for grants to help them scale up and get ready.

Customs processes can be handled by a business directly, but most businesses currently trading outside Europe use a customs agent.

From 1 January 2021, the way businesses trade will change, and they’ll need to prepare for life outside the EU, including new customs arrangements. For example, businesses will need to make customs declarations to import and export goods between Great Britain (GB) and the EU once the UK is outside of the EU’s customs territory.

Under Government plans to introduce innovative Freeports, a full customs declaration would not be required to move goods into a Freeport. This could potentially save businesses time and makes it easier to import goods.


Published: 10th February 2020

Source: GOV UK, HM Revenue & CustomsHM Treasury, and The Rt Hon Jesse Norman MP

Page URL: https://www.gov.uk/government/news/hmrc-extends-customs-grant-funding-deadline

Government Confirms Plans to Introduce Import Controls

Government Confirms Plans to Introduce Import Controls

The government has confirmed plans to introduce import controls on EU goods at the border after the transition period ends on 31 December 2020.

We are leaving the EU’s customs union and single market, taking back control of our borders, and beginning to strike trade deals around the world.

In a speech today by the Chancellor of the Duchy of Lancaster at a Border Delivery Group stakeholder event, he confirmed all UK exports and imports will be treated equally. This will mean traders in the EU and GB will have to submit customs declarations and be liable to goods’ checks. He also confirmed that the policy easements put in place for a potential no deal exit will not be reintroduced as businesses have time to prepare.

There are a number of reasons for implementing import controls:

  • to keep our borders safe and secure so we know who’s coming in and how often, what they are bringing in, and why
  • to ensure we treat all partners equally as we begin to negotiate our own trading arrangements with countries around the world
  • to collect the right customs, VAT and excise duties
  • the EU has said it will enforce checks on our goods entering the Eurozone. We will likewise enforce our own rules for goods entering the UK

Business can prepare for border controls by making sure they have an Economic Operator Registration and Identification (EORI) number, and also looking into how they want to make declarations such as using a customs agent. We will ensure facilitations currently available to rest of the world traders will also be open to those trading between GB and EU.

The Chancellor of the Duchy of Lancaster, Michael Gove said:

The UK will be outside the single market and outside the customs union, so we will have to be ready for the customs procedures and regulatory checks that will inevitably follow.

As a result of that we will be in a stronger position, not just to make sure that our economy succeeds outside the European Union but that we are in a position to take advantage of new trading relationships with the rest of the world.

This morning HMRC extended the deadline for businesses to apply for customs support funding to 31 January 2021. To date, applications have been made for around £18.5 million out of a possible £26 million – meaning there is at least £7.5 million left to claim from HMRC.

This is aimed at GB/EU traders. This approach does not apply to the flow of trade between Northern Ireland and Ireland, or between Northern Ireland and GB.


Published: 10th February 2020

Source: GOV UK

Page URL: https://www.gov.uk/government/news/government-confirms-plans-to-introduce-import-controls

The UK has left the EU – The Transition Period

The UK has left the EU – The Transition Period

There is now a transition period until the end of 2020 while the UK and EU negotiate additional arrangements.

The current rules on trade, travel, and business for the UK and EU will continue to apply during the transition period.

New rules will take effect on 1 January 2021.

You should prepare now and subscribe to email updates about any additional arrangements.

Check how to get ready for new rules in 2021


Related News

The future relationship between the UK and the EU

This statement sets out the Government’s proposed approach to the negotiations with the EU about our future relationship.

Prime Minister’s address to the nation on leaving the EU

Prime Minister Boris Johnson addresses the nation as the UK leaves the EU.

The Withdrawal Agreement and Political Declaration

The Withdrawal Agreement is the UK and EU’s agreement on the UK leaving the EU. It shows the terms of the UK’s exit and sets out the framework for the future relationship between the UK and EU.


What you can do now

Actions you can take now that do not depend on negotiations.

Preparing your business

From 1 January 2021 you will need to make customs declarations to move goods into and out of the EU. You should:

Staying in the UK if you’re an EU citizen

Check if you need to apply to the settlement scheme if you or your family are from the EU, or from Switzerland, Norway, Iceland or Liechtenstein.

Check what you need to do to stay in the UK

Living and working in the EU

Living and working in an EU country depends on the rules in that country.

You may need to register or apply for residency. You should check that you’re covered for healthcare.

You may also need to exchange your UK driving licence for a licence issued by the EU country where you live.

Check what you must do in the country where you live


All transition period information

Browse all information related to the transition period

  1. Services
  2. Guidance and regulation
  3. News and communications
  4. Research and statistics
  5. Policy papers and consultations
  6. Transparency and freedom of information releases


Published: January 2020

Source: GOV UK

Story URL: https://www.gov.uk/transition

How to Export Goods into the EU Through RORO (Roll On, Roll Off) Locations After Brexit

How to Export Goods into the EU Through RORO (Roll On, Roll Off) Locations After Brexit

If you are exporting goods into the EU follow the easy to use HM Government pdf advice to see how your business could be effected and the steps you may need to take or review for your business. Decide how you will import your goods from the EU into the UK. The two main options

Decide which export procedure you are going to use. Things to consider:
* Are you moving things temporarily? ATA Carnets may be for you.
* Are you a large exporter? If so Transit could simplify how your goods pass through customs.

Published: 9th September 2019

Source: GOV.UK

PDF Link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/844880/How_to_export_goods_into_the_EU_through_roll_on_roll_off__RoRo__locations_after_Brexit.pdf

How To Import Goods From the EU Into the UK Through RORO (Roll On, Roll Off) Locations After Brexit

How To Import Goods From the EU Into the UK Through RORO (Roll On, Roll Off) Locations After Brexit

If you are importing goods into the UK  follow the easy to use HM Government pdf advice to see how your business could be effected and the steps you may need to take or review for your business.

Decide how you will import your goods from the EU into the UK.

The two main options are:
• Importing goods through standard import procedures.
• Importing goods through simplified import procedures, known as Transitional Simplified Procedures. For most goods this allows you to delay submitting a full customs declaration and paying customs duty for up to six months.
You can also consider moving your goods by Transit procedures if you think this is a better option for you.

Published: 9th September 2019

Source: GOV.UK

PDF Link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/844879/How_to_import_goods_from_the_EU_into_the_UK_through_roll_on_roll_off__RoRo__locations_after_Brexit.PDF

Chancellor Accelerates Brexit Preparations for Businesses

Chancellor Accelerates Brexit Preparations for Businesses

Chancellor announces new plans to help businesses that trade with Europe (prepare for October 31)

HMRC is stepping up efforts to ensure businesses are ready to trade post-Brexit by automatically enrolling companies in an important customs system and doubling the numbers registered, the Chancellor announces today (Wednesday, 21 August).

More than 88,000 VAT registered companies across the UK will be allocated an Economic Operator Registration and Identification (EORI) number in the next two weeks in order to keep trading with customers and suppliers in the EU after the UK has left.

72,000 companies have already registered for EORI numbers. With Brexit preparations accelerated under the new government, ministers are taking decisive action to speed up the rollout of the scheme to help ensure the smooth transit of goods.

EORI numbers are a unique ID number allocated to businesses that enables them to be identified by Customs authorities when doing business with other traders.

If businesses do not have an EORI number post-Brexit, they will be unable to continue to trade with EU Member States.

Letters informing businesses of automatically allocated EORI numbers will start arriving today as the Government steps up efforts to ensure the UK is ready for Brexit.

To read the full article with links  Click This Link

Published: 21st August 2019

Source: GOV.UK

Story Link: https://www.gov.uk/government/news/chancellor-accelerates-brexit-preparations-for-businesses

UK Product Safety and Metrology Guidance in a No Deal Scenario

UK Product Safety and Metrology Guidance in a No Deal Scenario

This guidance only applies from Exit Day if the UK leaves the EU without a deal.

So, what’s changing in relation to product safety and metrology?

When the UK leaves the EU, the European Union (Withdrawal) Act 2018 will come into effect, retaining EU-derived legislation, including product safety and metrology legislation, in domestic UK law. The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 will amend this retained legislation to address deficiencies that would arise from the UK’s withdrawal from the EU under a “no deal” scenario (such as references to EU institutions) and will make specific provision for the UK market should the UK leave the EU without a deal.
The Regulations will not otherwise introduce a new policy regime on product safety or legal metrology and the changes they will make are limited.
Here are the key things to note, with sections below on the specific product safety and metrology legislation amended by the Regulations. Click on the links below to find the legislation you are looking for.

Published: 25th March 2019

Source: GOV.UK

Story Link: https://www.gov.uk/government/publications/uk-product-safety-and-metrology-guidance-in-a-no-deal-scenario

PDF Link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/835220/uk-product-safety-and-metrology-guidance-no-deal-scenario.pdf

Regulating Medical Devices in the Event of a No Deal Brexit

Regulating Medical Devices in the Event of a No Deal Brexit

With Brexit negotiations and planning effecting all businesses in the UK, it is important to make sure you stay up to date with Medical Devices advice for your products. We may still be looking at a “No Deal” scenario in 2020, and are repeating the advice already given to members.

“What you need to know about the regulation of medical devices in the UK if we leave the EU with no deal”

CONTENTS

  1. Stay up to date
  2. Details
  3. The legislation
  4. The role of the MHRA
  5. Role of those manufacturing and supplying devices
  6. UK Responsible Person
  7. Determining whether your product is a device
  8. Classification
  9. Clinical investigations and performance evaluations
  10. CE marking your devices and conformity assessment
  11. Labelling requirements
  12. Registrations
  13. Post-market surveillance and vigilance
  14. Contact us

For the full advice pages for the above content Click Here

Published: 26th February 2019

Source: GOV.UK

Story Link: https://www.gov.uk/guidance/regulating-medical-devices-in-the-event-of-a-no-deal-scenario