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brexit - Links to useful documents and regulations


Exporting Composite Products to the EU - NEW health certificates from 21 April 2021.

The regulations cover 3 categories: Non Shelf Stable Composite Products; Shelf Stable products that contain meat (except gelatine, collagen and highly refined products) ; Shelf stable products that do not contain meat (except gelatine, collagen and highly refined products)

From 21 April 2021, if your composite product is shelf stable and contains no meat, a private attestation will need to be completed. 

Composite products that are not shelf stable, or that contain meat, require an Export Health Certificate.  Current health certificates can be used until August 2021.  New forms must be used by then.

EU Commission guidance - click here

UK Government guidance  - click here

EU Q&A document  - click here

Check what forms you need - click here (gov.uk)

Model Private Attestation Form 8352 - this form must be completed for exporting shelf stable composite products containing NO meat to the EU that do not require an Export Health Certificate - click here to download  

Model Export Health Certificate 8350 for composite products containing meat - click here to download

This private attestation does not have to be signed by a vet.  It should be prepared and signed by the importing food business operator in the EU/NI. 
  The EU/NI importer or agent should provide the original private attestation to the EU Border Control Post/Northern Ireland Port of Entry.

The importer will require a declaration from the exporter of the composite products. This declaration will need to attest that the dairy products and egg products contained in the composite products have undergone the required heat treatment. There is no set model for providing this declaration (see below)

Important - The EU is amending its legislation to enable composite products containing diary to be exported using the private attestation so long as the dairy element of the composite product originates from and has been produced in a third country listed for the export of dairy to the EU, such as GB.

Questions on this requirement can be asked of DEFRA by email:  traders@defra.gov.uk


Rules of Origin

To benefit from free trade, goods will have to be of UK or EU origin.  This means they must meet the UK-EU preferential rules of origin based on where the products or ingredients used in their production come from. 

Goods that do not meet the rules of origin can still be traded but they will not be able to benefit from preference under the TCA and may have to pay the standard (“Most Favoured Nation”) tariffs that the EU and UK apply to imports

Read more at  - https://www.gov.uk/government/publications/rules-of-origin-for-goods-moving-between-the-uk-and-eu-from-1-january-2021 

Find out the rules by product (see page 423) - EU:UK Trade and Cooperation Agreement
Prescribed text to add to Commercial Invoice (see page 479) - click here to view template

The Rules of Origin Self Assessment tool (ROSA), is a free interactive tool developed by the European Commission which allows exporters using EU trade agreements to learn about preferential rules of origin and assess if your product qualifies for the tariff preferences that trade agreements offer. To use the tool, enter your product code, your country and the final export destination into My Trade Assistant on the European Commission's Access2Markets portal (https://trade.ec.europa.eu/access-to-markets), then click through to rules of origin where you will be guided through the interactive self-assessment.

Using a Suppliers Declaration to Prove Origin -  Declaration for UK suppliers to provide information needed to prove the origin of goods for preferential rates of duty between the UK and other countries.    

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Help is at hand.  Several of our Export Service provider members have services relevant to the new requirements.  Please contact them direct if you have any questions relating to their area of expertise.

For help with certification for exporting Products of Animal Origin to the EU
Amivet Exports Ltd - info@amivet.co.uk   ;  Mount Vets – Alastair.Caygill@mountvets.com 

For help with indirect tax, customs and obtaining Authorised Economic Operator (AEO) accreditation: SKS GB- Contact SKS via their website. Any query will be responded to within 24 hours. https://lnkd.in/dwDx2hG

For assistance with new EU labelling requirements: Ashbury -   Email:  quote@ashbury.global

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 Links to official documents

Brexit - food and drink businesses working with the EU
     Gov.uk page summarising key areas

 European Commission summary of new arrangements

  NEW Private Attestation Form - for export of composite products from 21 April 2021

 How to export goods between GB and the EU

 Northern Ireland - Moving goods into or through Northern Ireland

 Rules of Origin for goods  moving from the UK to the EU

Trade Agreements with Non EU Countries

 Links to market specific trade arrangements


Trading under WTO Rules (where no trade agreement)


 Tariffs on exports under WTO Rules (where no trade agreement)

Practical Aspects of doing business
  Trade Tariff: look up commodity codes, duty and VAT rates

  EU My Trade Assistant Tool - enter your HS code to see tariff, rules of origin and import requirements.
Customs - check if you can delay payments and declarations

Export Declarations - How to Make a Full Export Declaration

  Export Health Certificates - Products of Animal Origin -  Including details of good in transit through the EU

  Export Health Certificates - Link to the documents you need 

  Exporting Composite Food Products (containing products of animal origin) inc Northern Ireland

 Exporting Organic Products

Exporting Excise Goods to the EU

 Exporting fish to the EU

 
Duty - Claiming Preferential rates of duty between the UK and EU

 International Road Haulage  - HGV and Trailer Documents

 Labelling - Health Marks


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Exporting to the EU from 1 January 2021:

Essential Steps:

Get an EORI number

A UK issued Economic Operator Registration and Identification (EORI) number is essential for UK businesses that wish to import or export goods with the EU after the UK leaves the EU.
  Apply for an EORI number and you should receive it within 2-3 working days.

Check your commodity/tariff codes

Commodity codes are used to ensure goods have the correct tariff classification. Using the wrong codes for your products in customs declarations risks paying the wrong tariff, costly delays at the border or even goods being blocked entry into the EU.

 Know what certificates your products need

To ensure your product can enter the EU, it will need to be able to pass EU regulatory checks for third country goods. Products of animal origin will be subject to additional requirements.
Products of animal origin will need an Export Health Certificate and must enter the EU via a Border Inspection Post (BIP). Most fish products will need a catch certificate.

Find a professional to certify export health certificates - click here to view a list of organisations in England, Scotland and Wales that inspect and certify animals and animal products for export.

Check your product labelling - Food Business Operator Address

  • Exported products must be labelled correctly to reflect the UK's third country status. UK products can no longer use 'EU' in country of origin labelling while products marketed as organic may face EU export restrictions until the UK becomes an approved third country.
  • An EU importer/Food Business Operator address is required on product labels- Check the EU Market Access site which lists the full requirements (Article 8 for summary of FBO responsibilities) - click here
  • Products of animal origin must include the new UK health and ID mark.

Decide if you will use a customs agent

Most businesses use a customs broker, agent, or freight forwarder to make customs declarations for them. This can make exporting simpler and faster.
Alternatively, you can make declarations yourself by obtaining approved software.


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Food & Drink Exporters Association
PO Box 424
Leatherhead
Surrey
KT22 2HL
 

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