This month the government have issued new guidance: The Border with the European Union Importing and Exporting Goods on the Border Operating Model. This provides comprehensive guidance on the movement of goods from 1 January 2021 and adds to previous guidance.

This is important information for any business moving goods between GB, the EU and NI and needs to be considered for tax planning and general preparation for Brexit. These rules will likely come into force regardless of whether the UK has negotiated an agreement with the EU.

The introduction comes in three stages:

• Stage One – January 2021
• Stage Two – April 2021
• Stage Three – July 2021

Stage One

Business will need to:

• understand the requirements of EU Member States. The necessary processes must have been done and documentation completed to comply with these requirements
• obtain a GB EORI number to move goods to or from the UK
• if undertaking any EU customs processes, businesses will need an EU EORI
• importers; check which goods are on the controlled goods list- if they are on the controlled goods list, a full customs declaration is required
• if importing non-controlled goods, decide whether to delay the customs declaration for up to six months or complete full customs declarations on import
• decide how to complete customs formalities: Most businesses are expected to use a customs intermediary
• consider obtaining a Duty Deferment Account (DDA). A DDA allows holders to delay customs duty, excise duty and import duty, to be paid once a month rather than on individual consignments
• check to see if a facilitation would be of benefit. There are a number of facilitations, including the Common Transit Convention
• if importing live animals or high-priority plants, business needs to be prepared for submitting additional documentation and checks taking place at point of destination
• exporters; be prepared to submit customs export declarations
• hauliers; be ready to use the “Check an HGV is ready” service

Stage Two

If businesses are importing Products of Animal Origin (POAO) or a regulated plant and plant product; they will need to:

• to submit pre-notification and the relevant health documentation

Stage Three

Businesses must:

• meet full customs requirements including submitting declarations, regardless of whether it is a controlled or a non-controlled good
• pay VAT and excise duty where necessary
• submit safety and security declarations
• be prepared for customs compliance checks either at port or an inland site
• be prepared for relevant SPS goods to enter GB via a Border Control Post either at port or an inland site, accompanied by sanitary and phytosanitary (SPS) documentary requirements

General

From 1 January 2021

• Customs Declarations – Importers and exporters will have to complete UK and EU customs declarations after the end of the transition period. Some locations will require pre-lodgement of customs declarations prior to the movement of goods, which will particularly affect ‘roll on-roll off’ (RoRo) movements
• Customs Duties – Importers will need to ensure that any customs duties applicable to their goods under the new UK Global Tariff are paid. Importers will need to determine the origin, classification and customs value of their goods. There are options available to defer any payment that is due
• VAT will be levied on imports of goods from the EU, following the same rates and structures as are applied to Rest of World (RoW) imports. VAT registered importers will be able to use postponed VAT accounting. Non-VAT registered importers have the same options available to report and pay import VAT as they do for customs duties

Businesses will need to review their processes for dealing with cross-border goods, both between the EU and Northern Ireland. This includes; customs declarations, compliance, provision of data, obtaining a duty deferment account and GB/EU EORI numbers as necessary. We also advise liaising with suppliers and customers to ensure, as far as possible, that transactions are as seamless as possible in these challenging times.