Further postponement of post-Brexit border checks in Great Britain

Following the UK’s withdrawal from the EU, the UK government released a Border Operating Model to phase in customs and regulatory checks on imports from the EU into Great Britain (i.e. England, Scotland and Wales). The Border Operating Model had three stages, the implementation of which was to be staggered to allow businesses to adapt to the new post-Brexit procedures and requirements.

The first stage was implemented on 1 January 2021, which brought into being a new customs border between the UK and EU. On 11 March 2021, the government announced a six-month delay in the implementation of stage 2 and 3 checks, from 1 April 2021 and 1 July 2021 to 1 October 2021 and 1 January 2022, respectively. Further details about the stage 1 implementation and the first delay can be found in our previous Trade Truths article (found here).

A further delay to the implementation of stages 2 and 3

On 14 September 2021, Lord David Frost, the Brexit Minister, announced an additional delay to the introduction of stage 2 and 3 checks. The new timetable for the import regime is as follows:

From 1 January 2022:

• The requirement to submit a pre-notification for sanitary and phytosanitary (SPS) goods via the Import of Products, Animals, Food, and Feed System (IPAFFS), the online system for notifying the UK government of relevant imports has been postponed from October to 1 January 2022.
• The requirement to make full customs declarations and controls on imports will be implemented, as originally planned, from 1 January 2022.

From 1 July 2022:

• The requirement to submit Export Health Certificates and wider health and phytosanitary certificates has been delayed from 1 October 2021 to 1 July 2022.
• The carrying out of physical checks on SPS goods at Border Control Posts has been delayed from 1 January 2022 to 1 July 2022.
• Entry Safety and Security declarations for imports have been delayed from 1 January 2022 to 1 July 2022.

Why have the UK government postponed these checks again?

Lord Frost, in his written statement to Parliament on 14 September 2021 (found here), has said the delay of border checks are to help businesses “focus on their recovery from the pandemic rather than have to deal with new requirements at the border”. The UK Government also stated that it is postponing the implementing of these checks in response to the supply chain issues arising from the COVID-19 pandemic that has affected supply chains in the UK and EU, with the agri-food sector being affected particularly badly.

Comment

These delays will be a reprieve for many importers in the agri-food sector who may already be experiencing delays and disruption in their supply chain as a result of the Covid-19 pandemic and driver shortages. Exporters of SPS goods from the EU to the UK will now also have more time to prepare their businesses for the new post-Brexit SPS procedures and requirements. This will no doubt help minimise any supply chain disruptions when the new post-Brexit border checks are introduced next year.

Developments on the Northern Ireland Protocol

The UK has again unilaterally postponed the full implementation of post-Brexit customs procedures for goods moving between Great Britain to Northern Ireland. The UK Government want to negotiate fundamental changes to the Northern Ireland Protocol (the Protocol), which include areas such as the movement of goods into Northern Ireland; the regulations and standards applied to goods and other governance-related arrangements under the Protocol. The Protocol was designed to place a customs border between Northern Ireland and Great Britain, and to maintain certain EU standards and procedures within Northern Ireland, to preserve an open land border with Ireland, which is an EU member state.

Lord Frost has suggested that the UK could unilaterally suspend parts of the Protocol, as permitted by Article 16 of the Protocol, if the EU does not engage with the UK on renegotiating parts of the Protocol. But doing so might trigger the use of countermeasures from the EU, who insist the Protocol cannot be renegotiated at this stage. Businesses should continue to monitor these developments to ensure that their supply chains, particularly those that involve Northern Ireland, can be navigated effectively.

Contact

DLA Piper’s Global Trade and Regulatory Affairs team is advising clients on post-Brexit trade issues such as import and export procedures, rules of origin, trade remedies and compliance with the Brexit deal and other free trade agreements. Please do not hesitate to contact us if we can be of assistance.