Are you ready for BREXIT ?

21.12.2020

The United Kingdom is no longer a member of the European Union and the Brexit transition period ends this year. From the 1st of January 2021, suppliers and carriers will be forced to adjust to the upcoming law changes, should they wish to continue trading in the UK. Up until now, all trading during the transition period did not require any special adjustment for the procedures. This will however change, starting next year.

BREXIT related changes are enforcing new restrictions and duties in terms of:

  • The required documents
  • Changes in the traffic arrangements in the port areas
  • Border control procedures
  • Duties of the drivers / carriers

 

Basic Information:

United Kingdom’s departure from the EU does not mean that international regulations will cease to apply. The CMR Convention bylaws will still apply, hence the basic document within the routes to and from the UK will still be the CMR-waybill. It’s a similar story with the ATP and AETR treaties – they will still be applicable.

It was also agreed upon during the talks that road cabotage within the UK will be allowed under the exact same terms as it is now.

The drivers crossing the borders will have to carry valid ID or a passport. It should be emphasized that after the 1st of October 2021, the only document allowing a driver to enter the UK will be a valid passport. The driver is also required to carry proof of insurance for both the truck and the trailer. (Insurance green cards will still be accepted).

Among the accepted documents, licences issued by the country in which the company has its headquarters located will also be accepted. The driver is also required to carry a copy of the community licence.

Keeping in my mind that the UK is no longer an EU member, while preparing for the changes Ahead it’s worth double checking the insurance policy to find out whether it’s valid outside of the EU. The T&C’s of the policy might restrict the range of protection since usually, only EU-based cabotages are covered (and the United Kingdom is no longer an EU member). We can only assume that up until the policy expires, it should cover the UK as well.

When it comes to new insurance policies that start from the 1st of January 2021, it’s important to make sure that the UK will be included in the cover.

Procedures and customs documentation

There are four procedures in existence where for each of them a safety & security declaration will have to be submitted in a specified timeframe when entering and leaving the UK.

  • Pre-notification
  • Common Transit Convention (CTC), also known as Transit.
  • ATA Carnet
  • TIR Carnet (Transport Internationaux Routiers).

 

(EXS) – Exit Summary Declaration,  which the carrier is obliged to present to the customs and excise of the country the goods are being exported from. In the case of goods exported from the UK, the information presented in the EXS is related to the export declaration which is the customs declaration.

(ENS) Entry Summary Declaration, which the carrier is obliged to present to the customs and excise of the country the goods are being brought into. Due to the COVID-19 pandemic, safety & security declarations for the goods imported up into the UK will not be required up until the 30th of June 2021.

Goods coming into the UK:

Entering GB – Pre-notification
The driver must:

  • Make sure all the EU export procedures have been fulfilled by the sender
  • Make sure all the GB import procedures have been fulfilled
  • Verify the ENS declaration
  • Carry a proof of customs declaration in the EU and the UK in the form of:
  • An ERM number (UK Entry Number)
  • or an EORI number of the company if the declaration is submitted by an importer based in the UK
  • An EU export declaration MRN number

 

Entering GB – Common Transit Convention (CTC)
The driver must:

  • Be given a TAD from the trader, and be told by the trader that the movement has been released to the transit procedure
  • Be given a LRN or a TAD that hasn’t been released to the transit procedure, and be told to present the goods and the LRN or TAD to the EU member state authorities at a nominated EU office of departure
  • For goods moving under the CTC, the carriers must follow the paper-based process or the GVMS process

 

Entering GB – ATA Convention

  • If the trader arranges for the goods to move in accordance with the ATA Convention, the driver must obtain the ATA carnet from the trader.
  • At the EU border, the driver is to present the ATA carnet and make sure it was stamped by the EU customs and excise.
  • At the UK border, the driver must act in accordance with the local port procedures for the presentation of the ATA carnet.

 

Entering GB – TIR Convention
The transport firm should:

  • Give the driver the TIR carnet
  • Ensure the formalities in the NCTS system have been fulfilled by the sender
  • Ensure the driver receives the appropriate information in relation to presenting the goods and the TIR carnet to excise and duty.
  • At the EU border, the driver should present the TIR carnet and make sure it’s stamped
  • At the UK border, the driver must act in accordance with the local port procedures for the presentation of the TIR carnet.
  • After finishing the transport delivery, return the TIR carnet to their office.

 

Goods leaving the UK:

Leaving GB – Pre-notification
The driver must:

  • Await for the information from the exporter about receiving the P2P status.
  • Have on him the complete documentation in the form of a customs declaration, an EXS declaration and the EU import documentation.

 

Leaving GB – Common Transit Convention (CTC)
The driver must:

  • Obtain a TAD document from the trader and be told by the trader that the transport has been released from the transit procedure by the sender.
  • Obtain the LRN number or a TAD document which specifies the transport has not been released from the transit procedure by the sender. At the same time, the driver will be required to present the goods at the UK border.
  • Present the TAD in the specified office of destination within the EU.

 

Leaving GB – ATA Convention
The driver must:

  • Obtain the ATA carnet.
  • Present the carnet and goods to the UK Border Force
  • Present the TAD in the specified office of destination within the EU
  • Present the ATA carnet and make sure it’s been stamped by the EU Customs
  • Submit the ATA to the goods receiver.

 

Leaving GB – TIR Convention
The transport firm should:

  • Give the driver the TIR carnet
  • Ensure the formalities in the NCTS system have been fulfilled by the sender
  • Ensure the driver receives the appropriate information in relation to presenting the goods and the TIR carnet to excise and duty.
  • At the EU border, the driver should present the TIR carnet and make sure it’s stamped
  • After finishing the transport delivery, return the TIR carnet to their office.

 

Declaring a Vehicle

Drivers leaving the UK through the port of Dover or the Eurotunnel, are obliged to use the Check an HGV system in order to receive the Kent Access Permit before they drive through the Kent county. The permit is valid for 24 hours and the lack of one is punishable by a 300 pound penalty.

At https://www.gov.uk/check-hgv-border you can submit data like:

  • Date of exit
  • MRN number
  • TAD document
  • ATA/TIR Carnet details
  • Special Goods declaration
  • Vehicle’s registration plate number

 

Preparing for BREXIT

In the course of the BREXIT talks, we often heard: “Nothing is settled, unless everything is settled.” The above regulations are under constant review and their status may change. Therefore, if you want to continue transporting to and from Great Britain, you should follow the changes in the procedures and regulations related to crossing the EU border with Great Britain (www.gov.uk). It may be necessary to have the support of a lawyer who will indicate the procedure in case of any difficulties.

  1. Make sure the company’s, driver’s and insurance policy’s documents are all in accordance with the guidelines.
  2. Make your drivers aware of all the necessary procedures and obligations
  3. When accepting an order, determine the procedure in which the transport will take place. In return the driver will know which documents will be required and also how to use them.
  4. Fulfil the order following the guidelines presented above