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New Brexit helpline

Welcome to the latest in a series of BPMA business readiness bulletins, aimed at keeping the industry up to date with the latest information and guidance for business on the UK exiting the EU.

The information provided below is the latest information provided from the Government and will mainly focus on

· Importing and exporting

· Supplying services to the EU

· Your employees

· Using and transferring data

· Accounting & VAT

· Regulation Changes

Importing and Exporting

Today, businesses can trade between the UK and EU with minimal restrictions. Post-Exit the UK will trade with the EU on the same basis that it trades with much of the rest of the world so tariffs, quotas, checks and regulation will now apply.

What does this mean for you?

Make sure you and/or your suppliers have an EORI number

· Check the rate of duty and tax (incl. VAT on exports) you will be liable to pay

· Consider applying for duty deferment if you import regularly

· Check if you are subject to other regulations that are changing, e.g. labelling

HMRC Helpline and Guidance

HMRC have launched the EU Exit Import and Export Trader Helpline for traders and hauliers importing from / exporting to the EU after October 31.

The helpline number is 0300 3301 331. Lines will be open from 8am to 6pm Monday to Friday.

HMRC have also produced a downloadable PDF guide for transporting goods between the UK and EU in a no-deal Brexit.

HMRC have created resources called ‘How to import goods from the EU into the UK through roll on roll off (RoRo) locations after Brexit’ and ‘How to export goods into the EU through roll on roll off (RoRo) locations after Brexit’.

HMRC Brexit communications resources – including a simple trader checklist to get ready for Brexit.

Supplying services to the EU

Today, UK based businesses can travel and provide services to the EU under EU regulations. UK businesses will no longer have the same level of access to EU markets. This means visa checks, EU

company law and EU professional qualification recognitions will now apply to professionals and businesses

What does this mean for you?

· Make sure you check if you need a visa, work permit, or other documents to travel

· Check the European Commission’s guidance to see if your professional qualifications will be recognised

· Make sure you search GOV.UK to find specific rules you will need to comply with for each country

· Ensure you complete any cross border mergers before Brexit and seek legal advice on individual cases

Your employees

Today, Freedom of Movement means EU citizens and their family members can reside freely in the UK. Post- Exit, the UK will develop its own immigration policy, ending EU Freedom of Movement. This means EU citizens will need to check which measures are needed to stay in the UK.

What does this mean for you?

· How to apply for the EU Settlement Scheme, to continue living in the UK after 30 June 2021

· Ensuring you check a job applicant’s right to work in the same way as now until 1 January 2021

· Your duty not to discriminate against EU, EEA or Swiss citizens

Using and transferring data

Today, EU personal data can be accessed or stored in the UK if it complies with GDPR. Post-Exit GDPR will continue to apply in the UK. However, transferring personal data from the EU and select 3rd countries will now require alternative safeguards pending an ‘adequacy decision’ from the EU

What does this mean for you?

· Consider alternative safeguards under GDPR to transfer personal data to the UK e.g. SCC

· Ensure compliance with 3rd country data protection regulations to transfer data to the UK from 3rd countries

· Ensuring you continue to apply the same data protection standards as you do now

· Check if you need to appoint a European representative

UK mobile roaming charges in the EU will not be regulated after Brexit

Accounting and VAT

NEW – HMRC have provided guidance if you’ve chosen to account for import VAT on your VAT Return in a no-deal Brexit. Complete your VAT Return to account for import VAT in a no-deal Brexit.

NEW – HMRC have provided guidance if you’re a VAT-registered business find out when you can account for import VAT on your VAT Return for goods brought into the UK in a no-deal Brexit. Check when you’ll need to account for import VAT in a no-deal Brexit.

Accounting & VAT Changes

HMRC have produced guidance to help you find out how to claim VAT refunds from EU member states after Brexit. Claim VAT refunds from EU countries after Brexit

The Department for Business, Energy and Industrial Strategy have produced guidance on how companies incorporated in the UK, or where the parent company is incorporated in the UK, can comply with UK accounting and reporting requirements after Brexit. Accounting for UK companies after Brexit

The Department for Business, Energy and Industrial Strategy have produced guidance on how EEA companies and groups with a presence in the UK can comply with UK accounting and reporting requirements after Brexit. Update – moved information from the general accounting after Brexit guide. Increased visibility of calls to action. Accounting for EEA organisations after Brexit

Regulation changes

REACH Regulations

DEFRA have produced guidance on how to comply with the EU’s REACH chemical regulations when you’re using, making, selling or importing chemicals in the EU, and how to prepare for a no deal Brexit. Update – Added link to the process maps collection How to comply with REACH chemical regulations

Trade Mark Law Changes

The Intellectual Property Office (IPO) and Department for Business, Energy and Industrial Strategy (BEIS) have produced guidance on changes to trade mark law in the event of no deal from the European Union. More information can be found in the following webpages.

Our next Brexit Update will provide information you need to know regarding the regulation of manufactured goods covered by the “New Approach” (i.e. mostly CE marked goods) in the event of no deal. This will include CE and UKCA Marking!

Guidance documents the BPMA encourages you to download and read!

Click here to download the Department for Business, Energy and Industrial Strategy (BEIS) Brexit PDF

Click here to download the HMRC Trader checklist to get ready for Brexit

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