COMPARATIVE TABLE: EXPORT PROCESSES FOR FISHERIES PRODUCTS & BREXIT OPTIONS Sarah Adkins MA (Oxon) MA MCIWM CEnv Solicitor All forms of Brexit raise new barriers to trade for UK exporters. The table below summarises the differences between the options facing Brexit UK for the export of fisheries. Note: additional controls apply for the export of live shellfish and different rules apply to the direct landing of fishery produce in EU ports. Other aspects of trade are also subject to significant change as a result of Brexit, including insurance cover, haulage, labelling and packaging. These raise barriers over and above those set out below. In summary:
Current trading relations with the EU will change significantly. Frictionless trade within the EU is not possible for businesses located outside member states of the European Union. In terms of future trade options, the only certainty that approval of the Withdrawal Agreement by the UK Parliament will bring is that the option of frictionless trade (EU membership) in the future will be off the table. The avoidance of border infrastructure along the Irish Border can be avoided only if Northern Ireland remains within a customs union with the EU and aligns with Single Market rules for goods and services that are traded with Ireland. At the UK's request, to avoid a customs border in the Irish Sea if no new trade agreement has been reached between the EU and the UK, the backstop in the Withdrawal Agreement provides that a single customs territory will be established comprising the EU customs territory and the UK customs territory. However, fishery and aquaculture products are expressly carved out of the customs territory unless there is an agreement on access to waters & fishing opportunities.
Key: UK Gvnt to do Exporter to do once Required for every consignment
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EU Membership UK Approval – Gvnt
Not required
Free Trade Agreement (EU/Canada) Required
Establishment/Vessel Approval
Not required
Required
Required
Required
Not required
Required
Register EORI
Not required
Required
Required
Required
Required
? Expected
Catch Certificate
Not required
Required
Required
Required
Required
Required
Pre-notification by EU importer to competent authority on receipt of catch certificate
Not required
Required As set out in FTA
Required for consignments outside scope of customs union
Required by sea: 72 hours by air/rail: 4 hours by road: 2 hours
Required In accordance with bilateral agreement
Required Expected with checks between GB/NI
Customs Declaration
Not required
Required
Required
Required
Required
? Expected
Tariffs/Quota/Taxes/ Charges
No
Yes under FTA terms
Yes where outside scope of customs union
Yes WTO terms
Yes under bilateral agreement
Yes any exemptions for fisheries to be determined by the Joint Committee
Authorised Economic Operator
Not required
Option for streamlined export procedures
Option for streamlined export procedures
Option for streamlined export procedures
Option for streamlined export procedures
? e.g. for Safety & Security checks
Export Health Certificate (apply 5 days before export)
Not required
Required
Required
Required
Not required
? Expected
Vet to seal consignment & sign Export Health Certificate
Not required
Required
Required
Required
Required
Required
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Customs Union (EU/Turkey)
No-deal (EU/USA)
Single Market (Norway)
Backstop
Required
Required
Not required
Required
2
Preferential origin certificate
Not required
Available
N/A
N/A
N/A
Movement certificate
Not required
N/A
Available
N/A
Available
Not for fisheries & aquaculture unless an agreement on access to waters & fishing opportunities is applicable
Safety and Security Declaration
Not required
Required
Required
Required
Required
? Expected between GB/NI
Transport/shipping documentation
Required
Required
Required
Required
Required
Required
Commercial documentation e.g. invoice
Required
Required
Required
Required
Required
Required
Enter EU through Border Inspection Post for fisheries
Not required
Required Unless o/w agreed, 100% documentary check; identity check; 20% physical check by vet. Charged to importer
Required Unless o/w agreed, 100% documentary check; identity check; 20% physical check by vet. Charged to importer
Required Unless o/w agreed, 100% documentary check; identity check; 20% physical check by vet. Charged to importer
Not required
? Yes though checks would take place between GB/NI
Use of EU international agreements on UK access to third country markets for fisheries produce and to fishing waters
Yes
No
Partial – but not involved in negotiations and EU may not bind third countries to recognise UK under existing agreements
No
No
Yes – but not involved in negotiations & EU may not bind third countries to recognise UK under existing agreements
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Mutual recognition of agencies, standards, licences etc. e.g. packaging and labelling
Yes
Only to extent set out in FTA
No
No
Yes
No
Notes: 1. Approval of UK as a Non-EU country for export of specific categories of food: Exports of specific categories of food of animal origin to the EU are prohibited from 3rd countries unless the Non-EU country has been approved the European Commission and added to the list of approved Non-EU countries for that specific category of food. The UK has applied to be approved as an exporter to the EU. Once approval has been granted it will be added to the relevant list (Section VII for molluscs and Section VIII for fisheries produce): https://webgate.ec.europa.eu/sanco/traces/output/non_eu_listsPerActivity_en.htm# 2. Approval of UK establishments wishing to export specific categories of food to EU: Once it has been approved the UK competent authority can submit to the European Commission a list of the UK establishments that wish to export products of animal origin (POAO) to the EU. Currently, the UK is compiling this list for submission to European Commission, DG SANTE, Directorate F, Health and food audits and analysis, non-EU Country Listing, Email: SANTE-IRL-NEC-LISTING@ec.europa.eu. Establishments must satisfy the criteria set out in in Annex III to Regulation (EC) No 853/2004. The requirements for each category of food products are specified in Annex III to Regulation (EC) No 853/2004. These requirements must be checked and guaranteed by the UK competent authorities before an establishment can be listed as an EU approved establishment. The UK competent authority must inform the Commission if an establishment is no longer fulfilling the requirements.
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Once submitted, the requests will be evaluated by Commission staff (DG SANTE, Unit F4). The information required is set out in the application forms: New Lists Application Form New Lists Application Form vessels When the Commission has a confirmed that all required information has been provided it will approve the application and issue a 'notification' via the TRACES system to all EU countries informing them of the UK requests that have been approved by the Commission. It will send an acknowledgment letter to the UK Competent Authority confirming receipt of the request and indicating the timetable for the administrative process. The timetable follows Article 12 of Regulation (EC) 854/2004 If there are no objections to the requests from any of the EU countries within 20 working days the new draft list will be published on the DG SANTE website The updated list will come into force 10 working days after the publication date. Once UK establishments have been added to the published list they are approved to export to the EU. Establishments with pending applications for approval are not permitted to export POAO to the EU: https://ec.europa.eu/food/safety/international_affairs/trade/non-eu-countries_en The requirements for each category of food products are specified. These requirements must be checked and guaranteed by the competent authorities of the non-EU country before an establishment can be listed as an EU approved establishment. The competent authorities of the non-EU country also must inform the Commission if an establishment is no longer fulfilling the above mentioned requirements
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The non-EU country must have a residue monitoring plan (in accordance with Council Directive 96/23/EC) for the category of food of animal origin and must appear in the list of countries with an approved residue monitoring plan (Commission Decision 2011/163/EU as amended)
For food products concerned, the non-EU country must have a salmonella control program in animal population in accordance with Regulation (EC) No 2160/2003
The competent authority is responsible to keep the lists of establishments up to date and to inform the Commission of any changes necessary
3.
Catch Certificate – proves fish was legally caught
Required for EVERY consignment of fishery products Definition of fishery products: excludes species listed in Annex I to Council Regulation (EC) No 1005/2008 (as amended): https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:057:0010:0018:EN:PDF e.g. freshwater fish, cuttle fish, squid & molluscs Online form - https://www.gov.uk/guidance/create-a-uk-catch-certificate Information required: a Government Gateway user ID and password; the company name and address of the exporter; the name of the person responsible for the export; the species (or FAO code), its state and its presentation; the EU tariff commodity code for each product; the names or PLNs of the vessels that caught the species, and the landing dates; the export weights of each product; whose waters the species were caught in; transport details for how the export will leave the UK and where it will leave from; the identification numbers of the containers used to export the product The Exporter will email the completed catch certificate to UKIUUCCC@mca.gsi.gov.uk who will validate it. The UK Catch Certificate Centre is open Monday to Friday 9am to 5pm. The Exporter will send the validated catch certificate to the EU importer to complete and present to their competent authority. The prior notification required depends on the mode of transport: o sea: 72 hours before landing o air and rail: 4 hours before arriving o road: 2 hours before arriving
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4.
Export Health Certificate - confirms that certain information, health standards and regulations have been met.
Required for EVERY consignment of fishery products including species listed in Annex 1 (e.g. cuttle fish & shellfish) The Exporter applies for an Export Health Certificate Online form - https://www.gov.uk/guidance/create-a-uk-catch-certificate Information required: a Government Gateway user ID and password; the company name and address of the exporter; the name of the person responsible for the export; the species (or FAO code), its state and its presentation; the EU tariff commodity code for each product; the names or PLNs of the vessels that caught the species, and the landing dates; the export weights of each product; whose waters the species were caught in; transport details for how the export will leave the UK and where it will leave from; the identification numbers of the containers used to export the product. For fisheries products to the EU: https://www.gov.uk/export-health-certificates/export-fishery-products-intended-for-human-consumption-to-theeuropean-union-certificate-8270
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
EHC needs to be completed and signed by an Official Veterinarian appointed by the Animal Plant and Health Agency (outside the EU, mutual recognition of qualifications will not be afforded unless by express agreement).
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5.
Customs Declaration
The UK Government advises that "The process can be complicated and is only suitable for more experienced importers. Most businesses use a courier or freight forwarder to make customs declaration. AEO status is an internationally recognised quality mark that shows the AEO’s role in the international supply chain is secure; and customs controls and procedures are efficient and meet EU standards. It is not mandatory to use an Authorised Economic Operator but gives quicker access to some simplified customs procedures and, in some cases, the right to ‘fast-track’ shipments through some customs and safety and security procedures. A customs declaration can be made using third party software through Custom Declaration Service or using third party software through Customs Handling of Import and Export Freight. As a customs union the EU applies a common customs duty to goods imported from outside the EU. However, in practice, trade agreements between the EU and third countries, regional trade blocs and free trade areas determine the rate of duty and customs conditions. Some goods imported from or exported to
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certain countries will qualify for preferential treatment - for example, lower or nil customs duty, whereas others will have non-preferential status and attract full excise. 6.
Preferential Origin Certificate
If the UK agrees a Free Trade Agreement with the EU then a preferential origin certificate is a means of simplifying border control checks: https://www.tradetariff.service.gov.uk/trade-tariff/chapters/03 7.
Movement Certificate
A Movement Certificate is used to claim preferential duty rates on goods exported to countries that have a preferential trading agreement with the European Union: https://www.gov.uk/government/publications/import-and-export-movement-certificate-eur1-c1299 8.
Border Inspection Post
All consignments of animals and animal products must enter the EU through a Border Inspection Post that is approved to inspect the produce being traded. The table below summarises commonly used trade routes along the south coast of England. The following checks are undertaken at BIPs: documentary check, identify check (e.g. that the seal on the container matches the information in the paperwork) and physical check. The frequency of each type of check is set out in EU Directive (e.g. 100% of consignments will face documents inspection; 20% of consignments of fish will be subject to physical inspections) and may be lower where a third country has an agreement with the EU. Veterinary checks take place at BIPs. The cost is normally paid by the importer, who may be billed by the port authority or via the freight forwarder used. The cost will depend on the product, the type of checks undertaken and whether or not samples were taken and sent to a laboratory for checks. Commonly used routes for current exports of fisheries produce from the South West UK Port BIP? EU27 Port BIP Live Comments animals Portsmouth No Caen No Not a permitted trade route for fish/agric/food requiring inspection Poole No Cherbourg No Not a permitted trade route for fish/agric/food requiring inspection Portsmouth No Le Havre HC-T(1), Le Havre has BIP HC-NT, NHC status but is not
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Plymouth Plymouth
No No
Santander Roscoff
Dugrand HC-T(FR)(1) (2) EFBS HC-T(FR)(1) (2) Fécamp HC-NT(6), NHC-N HC, NHC No
Plymouth
No
St Malo
No
approved for the import of not live animals/shellfish
Not a permitted trade route for fish/agric/food requiring inspection Not a permitted trade route for fish/agric/food requiring inspection. The French draft law on no deal Brexit suggests that St Malo has some BIP capability, but this is not recorded on the approved EU list.
MAINLAND EU CHANNEL PORTS – BELGIUM, FRANCE & NETHERLANDS Belgium Antwerp HC, NHC Zeebruges HC(2), NHC(2) Gent HC-NT(6), NHC-NT(6) France Bordeaux HC-NT Boulogne HC-T(1)(3), HC-NT(1)(3)
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Brest Calais Concarneau Douarnenez Dunkerque Caraibes Dunkerque Maison Blanche Rouen Netherlands
Harlingen Rotterdam Vlissingen
HC-T(FR) (1), NHCT(FR) No HC-T(1)(3) HC-T(FR)(1) (3) HC-T(1), HC-NT NHC-NT HC-T(1)(2), HC-NT(2), NHC HC-T HC HC-T(2), NHC-T(FR) (2), HCNT(2)
2009/821/EC: Commission Decision of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces (notified under document C(2009) 7030) (Text with EEA relevance): https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009D0821&qid=1539883977974&from=EN
Codes for BIP Products permitted: HC = all products for human consumption NHC = Other products NT = No temperature reqs T = Frozen/chilled products T(FR) = Frozen products T(CH) = Chilled products Live animals
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U = Ungulates: cattle, pigs, sheep, goats, wild and domestic solipeds E = Registered equidae as defined in Council Directive 90/426/EEC O = Other animals (including zoo animals) Special remarks (*) = Suspended on the basis of Article 6 of Directive 97/78/EC until further notice, as noted in columns 1, 4, 5 and 6. (1) = Checking in line with the requirements of Commission Decision 93/352/EEC taken in execution of Article 19(3) of Council Directive 97/78/EC. (2) = Packed products only (3) = Fishery products only (4) = Animal proteins only (5) = Wool hides and skins only (6) = Only liquid fats, oils, and fish oils Live animals: (NB includes shellfish) As of the withdrawal date, these substantial requirements are controlled upon entry into the EU-27 by applying mandatory border checks, including veterinary checks, at the first point of entry into the Union territory: Live animals can only enter the EU-27 through "border inspection posts" approved for the species and categories of animals concerned; Each consignment has to be accompanied by a duly completed health certificate in compliance with EU animal health import legislation; Each consignment undergoes documentary, identity and physical checks; Live animals are only allowed to enter the EU-27 with the official document (Common Veterinary Entry Document) attesting that the border checks were satisfactorily carried out in compliance with the applicable animal and, public health rules. These conditions also apply to the entry into the EU-27, as of the withdrawal date, of live animals from the United Kingdom for the purpose of transit from the United Kingdom to another third country or to another part of the United Kingdom. Live animals admitted to enter the EU-27 will have to be transported according to all the animal welfare rules laid down in Council Regulation (EC) No 1/200528, and will be submitted to checks at border inspection posts by the competent authorities as laid down in Article 21 of that Regulation 29.
Notes prepared by Sarah Adkins MA (Oxon) MA MCIWM CEnv Solicitor to provide an overview of the principal differences between the range of future legal relationships between the UK and the EU. Updated 11.03.19. Chart based on that prepared by https://twitter.com/AnnaJerzewska for customs differences, with Single Market, fisheries specific controls and notes added, along with the Norway scenario.
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