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Posted Wed, 12 May 2021 13:53:36 GMT by HM Government Admin2
Q1: If the exempt goods with a Private Attestation do not need to be presented at a BCP, do they still require a full import declaration or could they now be cleared using simplified procedures?

A: The Animal Health Regulation establishes rules of third countries, including GB, exporting to the EU including the use of EHCs and private attestations. As a result, there is a requirement for a UK customs export declaration as well as a requirement for an EU import customs declaration. You can apply to use simplified declarations for exports noting a trader cannot make simplified declarations for goods, covered by the Agricultural Policy, subject to export licensing (exceptions apply), subject to excise duty (exceptions apply), and / or that require a full customs declaration. Simplified declarations cannot be used if goods are entered into special procedure using authorisation by declaration. 
Posted Wed, 12 May 2021 13:54:08 GMT by HM Government Admin2
Q2: There is a particular problem in NI. Many retailers do not want the responsibility of being the importer of record and therefore non-established EU/NI entities are importing these products. In other territories a customs broker can be used but for those using the TSS this is not available. This begs the question of who signs the Private Attestation where the goods are brought into NI by a GB established business?

A: The Animal Health Regulation will also apply in Northern Ireland. Traders moving goods from Great Britain to Northern Ireland will need to ensure that they meet the new regulatory, documentary, and certification requirements for composite goods. Specifically, composite goods being moved from GB to NI will need to conform to new requirements for composite products. These goods will need to be accompanied with the appropriate composites EHC. If the products are exempt, they will need to be accompanied by a private attestation prepared and signed by importing food business operator in Northern Ireland. Businesses on the Authorised Trader list moving goods from GB to NI will not be required to complete new composites EHCs or private attestations until the relevant phase of compliance comes into effect from 1 October 2021. Instead, their STAMNI declarations will meet these requirements in the meantime, in line with the movement criteria. However, all goods moved by Authorised Traders from GB to NI must comply with regulatory requirements for composite products. 
Posted Wed, 12 May 2021 13:54:30 GMT by HM Government Admin2
Q3:How and where are the wider Border issues for D20, HK BN(O)'s and MQS being coordinated in Government?

A: The Managed Quarantine Service is coordinated by the Department of Health and Social Care and the issue surrounding British nationals (overseas) in Hong Kong is coordinated by UK Visas and Immigration which is part of the Home Office. Further detail can be found here: 
https://www.gov.uk/government/publications/managed-quarantine-what-to-expect
https://www.gov.uk/guidance/british-nationals-overseas-in-hong-kong
Posted Wed, 12 May 2021 13:59:19 GMT by HM Government Admin2
Q4: Is it planned to undertake deeper dives with representatives from the various businesses sector companies within NI most affected by the new trading arrangements between GB and NI to ensure solutions actually solve the issues experienced including the longer term impact and escalating costs faced when the Government supported schemes come to an end?

A: As part of the UK Government's ongoing engagement with stakeholders in Northern Ireland, Lord Frost met with a number of businesses and community representatives in Northern Ireland this week (w/c 10th May 2021) to listen to their experiences and to reaffirm the Government's commitment to address issues with the Northern Ireland Protocol. 
Posted Wed, 12 May 2021 14:00:04 GMT by HM Government Admin2
Q5: Do you anticipate any change to the current deadline of 30.06.21 regarding EUSS?

A: The deadline for applying to the EU Settlement Scheme is 30th June 2021 and this will not be extended. Individuals must usually have started living in the UK by 31 December 2020. The deadlines however are different in some situations, for example if: the individual is applying to join a close family member, the individual is a family member of a British citizen ('Surinder Singh' applications) or the individual is no longer exempt from immigration control. The status an individual gets may depend on when they apply. Late applications will be accepted where there are reasonable grounds for the failure to meet the deadline. Further detail can be found here: https://www.gov.uk/settled-status-eu-citizens-families
Posted Wed, 12 May 2021 14:00:27 GMT by HM Government Admin2
Q6: E-Commerce and the implementation of the VAT reform as of 1 July 2021 will put a set of challenges to UK E Commerce, what initiatives are taken to guide UK exporters in that perspective? Are specific talks on going with regards to NI and VAT reform which needs to be according UCC rules?

A: The EU's e-Commerce reforms will be introduced on 1 July and affect the movement of goods between Northern Ireland and the EU and imports of low value into the EU or Northern Ireland. The reforms will also introduce new rules for supplies made through online market places, which is similar to the rules introduced in the UK from 1 January that already apply in Great Britain and partly in Northern Ireland. 

In Northern Ireland, the existing individual EU distance selling threshold set by each Member State will be replaced with a single EU wide distance selling threshold of £8,818 (10,000 EUR). This threshold applies to supplies of goods and certain electronically supplied services. However, as the Northern Ireland Protocol only applies to goods, the UK's implementation will only apply to supplies of goods in respect of Northern Ireland. This means businesses selling B2C goods from Northern Ireland to the EU and from the EU to Northern Ireland above the distance selling threshold will be affected by the new rules. 

The changes also apply to imports of (non-excise) goods into the EU and Northern Ireland in consignments not exceeding an intrinsic value of £135 (150 EUR) and online market places that facilitate these supplies. The UK implemented similar requirements related to imports into Northern Ireland from outside the UK and the EU on 1 January 2021.

To ease burdens on businesses, two new online schemes will be introduced to simplify accounting for and paying for VAT in each Member State where businesses have customers; the One Stop Scheme (OSS) can be used to account for VAT on the supply of goods to customers between EU Member States and NI on a single quarterly OSS return with one payment; and the Import One Stop Scheme (IOSS) can be used to acount for import. VAT on the supply of non-excise goods to customers across the EU on a single monthly IOSS return with one payment. Both of these schemes are optional. The UK will be taking a phased approach to the introduction of these online schemes. HMRC has published guidance on how this will apply in NI on 13 May which can be found here https://www.gov.uk/government/publications/eu-e-commerce-package/eu-vat-e-commerce-package  EU guidance on the e-commerce reforms can be found here https://ec.europa.eu/taxation_customs/business/vat/vat-e-commerce_en

The UK is implementing the EU's e-Commerce reforms in Norhtern Ireland in accordance with the UK obligations under the Northern Ireland Protocol, where EU VAT rules with respect to goods continue to apply. 
Posted Wed, 12 May 2021 14:01:10 GMT by HM Government Admin2
Q7: The new arrangements for import control that Local Authorities are being asked to manage transfer a significant financial risk to them. Whilst DEFRA have underwritten the risk for the first year, the delay in implementation has lengthened the duration of the risk. Will Government underwrite that risk to Local Authorities for the first 3 years of operations?
Posted Wed, 12 May 2021 14:01:25 GMT by HM Government Admin2
Q8: Do you support a shift of emphasis on Border 2025, to move away from businesses submitting information to government harvesting it?

A: The 2025 Border Strategy outlines the Government's ambition to develop a Single Trade Window that will streamline stakeolder interactions with border agencies and enhance the data sharing between border agencies. The Single Trade Window will create a single border data portal that minimises the need for businesses and their intermediaries to submit information and improve the use of data within Government.
Posted Wed, 12 May 2021 14:01:46 GMT by HM Government Admin2
Q9: Is there any progress with BCP construction in Kent?

A: The full list of BCPs can be found here: https://www.gov.uk/government/publications/uk-border-control-posts-animal-and-animal-product-imports/live-animals-animal-products-and-food-and-feed-of-non-animal-origin-border-control-posts-bcp-in-the-uk

The Port of Dover BCP can be found at Dover Cargo Terminal (deep sea terminal), Dover Cargo Terminal (Western Docks), Union Street, Dover, Kent, CT17 9FJ
Posted Wed, 12 May 2021 14:02:12 GMT by HM Government Admin2
Q10: How quickly can Government look to implement the easements agree in the TCA such as EHC simplification or creating a single window for border processes?

A: The Government is committed to developing the UK Single Trade Window which is in the 2025 Border Strategy. The UK Single Trade Window will create a single digital front door for the border for traders. It will allow them to submit data and documentation once through a single portal (either digitally through their existing customs software or potentially through a user interface on GOV.UK). It will remove the need to submit data multiple times and will provide traders with a single release message from the Government. It will not replace existing border systems but will instead sit on top of them creating a single entry point for data that will then be shared across the relevant systems automatically. The first of the features for the UK Single Trade Window is currently in beta testing with industry. 
Posted Wed, 12 May 2021 14:04:54 GMT by HM Government Admin2
Q11: How likely are future TCA amendments to better align rules on technical things like international catering waste and animal and plant health controls? If possible when might this take place especially given the likely problems in 2022 when import controls are enforced in the UK?

A: The Partnership Council is able to amend some parts of the agreement by mutual agreement, including parts of the chapters and annexes. The TCA also obliges parties to regularly review their SPS measures to ensure these do not create unnecessary barriers to trade, and the SPS Specialised Committee will provide a forum via which we can agree to further SPS measures and related border controls to reduce barriers to trade without compromising biosecurity. We are discussing the EU on the date and agenda for the first meeting. We are also engaging the EU and Member States ahead of the introduction of import border controls next year to ensure the changes are understood. 
Posted Wed, 12 May 2021 14:05:08 GMT by HM Government Admin2
Q12: Will unfettered access remain between NI & GB?

A: The UK Government has been and remains unequivocal for unfettered access for Northern Ireland goods moving to the rest of the UK market. This has been guaranteed in legislation. 
Posted Wed, 12 May 2021 14:05:33 GMT by HM Government Admin2
Q13: How quickly will the Specialised Committees get to work? We have some immediate practical problems in fisheries as a consequence of the TCA deal on quota shares, and this needs to be an urgent priority for the SC on fisheries.

A: The UK-EU Trade and Cooperation Agreement provides for a number of Specialised Committees which sit underneath the Partnership Council. The Specialist Committee of Fisheries will provide a forum for discussion and operation in relation to sustainable fisheries management . These include, but are not limited to:cooperation ahead of annual fisheries consultations, multi-year strategies, data-sharing and monitoring and compliance. Now that the TCA has been ratified, work is ongoing to agree the date and agenda for the first meetings of each committee with the EU. 
Posted Wed, 12 May 2021 14:05:58 GMT by HM Government Admin2
Q14: There is an intention to make shipments from NI to GB report to GVMS. What is the legal basis for this and how is that 'unfettered'?

A: We have delivered our commitment to introduce phase 1 of unfettered access for Northern Ireland business at the beginning of this year. The first phase of the regime applies to all goods in free circulation in Northern Ireland. 

Our key priority for phase 1 was to avoid disruption and ensuring the maximum continuity from the end of the Transition Period for businesses in Northern Ireland. This reflects the broader approach we are taking this year for GB to EU trade. 

For phase 2 of unfettered access we have listened to concerns in Northern Ireland that this definition should be tightly drawn so that only genuine Northern Ireland businesses benefit from unfettered access. That is why we will bring in a long-term regime which focuses its benefits on those businesses established in Northern Ireland. 

We will implement a light-touch identification scheme for 'qualifying' traders who will be eligible to move goods under unfettered access. 

This will ensure that goods moved by an NI qualifying trader will continue to be treated like domestic movements, whilst goods coming from the EU or Rest of World to GB via NI will be regarded as imports and be subject to customs controls, including for example import and ENS declarations. 
 
Posted Wed, 12 May 2021 14:06:22 GMT by HM Government Admin2
Q15: UK touring companies that used to support cultural industries and carry equipment across multiple concert, sports and other event venues across Europe simply can’t operate under the TCA rules. This is an existential threat to a successful sector of the economy where the UK has unparalleled expertise and experience. Do you intend to seek a renegotiated approach to this with the EU to save this sector? What other steps are you considering?

A: The Government recognise the importance of touring and cultural sectors, and is committed to helping them navigate the new rules under the TCA. The UK pressed for a special derogation from the cabotage restrictions for hauliers carrying equipment for the purpose of concert tours and similar activities however the EU rejected this. DCMS and DFT are working with industry to understand the implications of the new rules and discuss options for support. 
Posted Wed, 12 May 2021 14:06:51 GMT by HM Government Admin2
Q16: BIFA has raised the question since late January of import non-compliance relative to the Delayed Declaration regime with BPDG and HMRC, but as yet no response has been forthcoming. Please do you know when Government will be able to give guidance to allow customs agents/traders etc to regularise individual consignments. This is a significant issue.

A: HMRC is actively considering this, and has had very helpful discussions with BIFA colleagues and members about these compliance issues. HMRC is expecting to revert back to BIFA, and wider stakeholders, in due course.
Posted Wed, 12 May 2021 14:09:13 GMT by HM Government Admin2
Q17: Can you give an indication on when the tariff for the inland BCP's will be shared?

A: No decisions have been made on the rates for charges at HMG inland sites. The BPDG Infrastructure team are still in the process of finalising the details which will become available in due course.
 
Posted Wed, 12 May 2021 14:13:53 GMT by HM Government Admin2
Q18: How assured are you in planned customs, testing and sampling arrangements are progressing with responsible parties for the Oct and Jan go live dates?

A: HMRC will be delivering around 40 functional changes (15 scope items related to GB Import/ Export and Transit; 25 scope items related to NI Import/ Export) between October and January with majority of the scope items now completed their scoping/ discovery activities.
  • Testing for October and January release - Detailed test planning, scoping, preparation activites and test coverage required for the individual scope items are in discussion/ early draft. Although test progress is at the initial planning phase, there are no issues at this stage that might impact the planned testing schedule. 
  • Sampling arrangement - The objective of Live Proving is to ensure external parties and HMRC are as ready and prepared as possible for the implementation of Full Customs Controls on 1st January 2022. Live Proving will assure that the E2E business processes and the enabling technology are working in live. Using customer jounrey scenarios will enable us to assure the readiness of externals within our proving. This activity will give the end users, such as hauliers, traders, supermarkets, carriers and port operators, confidence on how the process will work in real life scenarios. We are in the final stages of publishing the Live Proving approach and engagement with the external Traders/ EO/ Carriers/ Hauliers are due to start week commencing 17th May. Live Proving activity is scheduled to start from 16th August and continue until middle of December. All arrangements within HMRC have been agreed and will be in place to support the external parties or resolve any incidents that are raised during the testing window. Communication and engagement to all friendly traders and other external parties for this Live Proving test are expected to start this month providing sufficient time for all external parties to be ready ahead of testing start in August. 
Posted Wed, 12 May 2021 14:16:45 GMT by HM Government Admin2
Q19: Is there a clearer timescale for the steps toward the Strategy 2025 implementation?

A: Government is currently taking forward significant areas of the strategy such as the development of a Single Trade Window, beginning to pilot Electronic Travel Authorisation through the Home Office's Universal Permissions to Travel reforms, and establishing a Border
Innovation Hub. Following further engagement with the border industry, we aim to publish an indicative delivery roadmap later this year. 
Posted Wed, 12 May 2021 14:17:12 GMT by HM Government Admin2
Q20: We are concerned about resourcing from various govt departments to provide approvals in time for import border controls from 1st Jan 2022. For example, we have had zero response from the National Frontiers Unit on port approvals. Can we have assurances that a response will be given in a timely manner?

A: HMRC continues to support traders following the end of the transition period and we are helping them to prepare for the ending of staged sutoms controls, with extensive engagement and communication campaigns, guidance and educations resources, working in collaboration with other government departments. 

In HMRC we build flexibility into our plans to ensure we have the necessary resources to meet future requirements as well as more immediate delivery demands. We routinely run regular recruitment campaigns for operational delivery staff to ensure we have a steady pipeline of supply to meet a range of business needs. 

Border Force colleagues have responded to outline that it is confident that it has the adequate Regional Operational Staff in place to undertake any site visits, where necessary, as part of the approvals process, provided that these are commissioned in a timely manner and are not compressed into the final few months of the year. 
 

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