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Policy & Compliance
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Delays announced to EU Exit stages 2 and 3 implementation
Further delays to EU Exit border control measures have been announced, despite concerns about significant ongoing non- compliance. There are fears that the delays will make it much more difficult for government to regain control of, and credibility at, the border
The government announced in March this year that it was delaying Stages 2 and 3 of EU Exit and actually making them Stages, 2, 2.5 and 3. Government argued that due to the deeper and more disruptive nature of COVID-19, it was correct to delay the implementation of these stages. One Member commented that “this merely
kicks the can down the path”, a view shared by many in our industry. However, the deferral does allow for what we hope will be a meaningful and constructive consultation on new processes such as filing safety and security declarations. The new timetable announced in March is as
follows: Delayed until 1 October 2021: • Checks on agri-food and feed (including products of animal origin and high-risk foods not of animal origin) documentation, including Export Health Certification, delayed from 1 April until 1 October 2021.
Delayed until 1 January 2022: • Entry Safety and Security (ENS) declarations for imports delayed from 1 July until 1 January 2022.
• Import declarations still required but delayed declaration scheme (eg CFSP ‘light’ procedures), including submitting supplementary declarations up to six months after the goods have been imported, extended from 1 July to 1 January 2022.
• Pre-notification requirements and documentary checks, including phytosanitary certificates, required for low-risk plants and plant products, to be introduced from 1 January 2022.
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• Physical Sanitary and Phytosanitary (SPS) checks on high-risk plants and agri-food and feed (including products of animal origin and high-risk foods not of animal origin) will take place at Border Control Posts, rather than at the place of destination as now, from 1 January 2022.
Delayed until March 2022: • From March 2022, checks at Border Control Posts will take place on live animals and low- risk plants and plant products. Imports of controlled goods into Britain will
continue to require a full customs declaration. Controls and checks on SPS goods entering Scotland and Wales “are a devolved matter”, although the government says it will support the completion of Border Control Post infrastructure in Wales in particular. However, the decision to delay the
implementation of full border controls does have certain consequences that need to be considered.
WTO rules non-compliance The first major concern is that the UK’s special and unilateral (and not reciprocated) treatment of EU imports falls foul of World Trade Organisation (WTO) rules, which require nations to treat their trading partners equally unless there is a reason such as applicable terms in a free trade agreement. Whilst the government believes that it is legally
compliant, it has to be borne in mind that some countries with which the UK has recently signed a free trade agreement may start asking questions on this point. Also, knowing how long
disputes take to get to the WTO, the government may be thinking that no significant trading partner will raise any questions for the sake of another six-month delay. The second matter of concern is that EU
shippers to the UK will continue to face significantly fewer barriers than UK exporters to the EU, where full border controls are in place. This is evidenced by the recent Office of National Statistics figures which show that UK exports to the EU fell by £5.7 billion in January but increased by £3.7 billion in February 2021. The January decline may have been
exaggerated due to the impact of COVID-19 and stockpiling prior to 1 January 2021, but it does fit with other data patterns for the month, with the Road Haulage Association reporting higher than average numbers of empty trucks moving from the UK to EU. One reason for welcoming the delay in
implementing full border controls is that there are significant issues regarding the requirement to file a safety and security declaration. The legislation is clear in that it is the carrier of the “active means of transport” who is legally responsible for filing this declaration. In reality, this is the haulier in the accompanied
‘ro-ro environment’ and the ferry operator for ‘unaccompanied movements’. All entities involved in the supply chain agree
that there will be problems filing the declaration, but no-one that BIFA has spoken to has a solution. Some would argue that delaying this requirement makes the UK more vulnerable to organised criminal gangs operating from the EU.
May 2021
Courtesy of the Port of Felixstowe
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