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Introduction

Uncertainty still remains about the final outcome of the negotiations between the EU and the UK. All Irish businesses are advised to complete all required administrative actions, before the UK ceases to be officially recognised as an EU Member State.

It is likely that the EU Single Market and Customs Union checks post-Brexit could include:

  • Customs Declarations
  • Declarations of Origin
  • Product Compliance checks
  • Sanitary and Phytosanitary checks

It is feasible to predict that impacts will be felt in the following areas:

Regulations and Standards

If your organisation relies on certificates, licenses or authorisations for goods or services, which has been issued by UK Authorities or by UK-based Notified Bodies – or held by someone established in the UK – these will no longer be valid within the EU, post-Brexit. You will need to transfer certification or seek new certification, which has been issued by an EU-27 Notified Body or Authority.

Industries affected include the construction, automotive and medical device sectors. It is advised that you should take all the necessary steps to transfer or obtain new certificates, licences or authorisations issued in the UK to a Notified Body in the EU-27 before Brexit occurs to minimise disruption to your supply chain post-Brexit.

To protect health and safety, as well as the environment, EU rules restrict the Import / Export of certain goods to and from third countries (i.e. non-EU countries) – e.g. live animals, products of animal origin and some plants and plant products, such as Wood Packaging Material (WPM). Imports / Exports of certain commodities are subject to specific notifications or permits. Post-Brexit, goods that are destined to or coming from the UK will be subject to these rules. You should take the necessary steps to ensure compliance with the EU’s Import / Export prohibitions and restrictions in advance of Brexit.

Supply Chain and Logistics

EU law stipulates that businesses hold specific responsibilities in accordance to where they are situated within the supply chain - e.g. Distributor, Importer, Manufacturer, etc.

Customs, VAT and Tariffs

With the UK becoming a third country, trade will become more complex for Customs and VAT procedures. If you trade with companies located in the UK, you should get acquainted with the EU's procedures and rules which will apply to trade post-Brexit.

For tariffs, when exporting products to third countries with which the EU has a Free Trade Agreement, Exporters may enjoy a preferential tariff rate, if the products have enough 'EU Content' according to the Rules of Origin. You should therefore examine your supply chain in order to ensure EU-preferential origin for your goods.

Mutual Recognition Agreements

Mutual Recognition is the principle that a product lawfully marketed in one Member State and not subject to community harmonization should be allowed to market in any other EU Member State.

Mutual Recognition Agreements (MRAs) are bilateral trade agreements that establish conditions whereby a non-EU Member State and the EU can accept each other’s conformity assessment results (e.g. testing or certification) which demonstrate compliance with established requirements.

The main objective of MRAs is to promote increased trade in goods between the European Union and third countries and to facilitate market access for countries that are located outside the EU-27.

The EU has Mutual Recognition Agreements (MRAs) with several third countries (non-EU) who are recognised as key trading partners with the EU.

  • Australia
  • Canada
  • Israel
  • Japan
  • New Zealand
  • Switzerland
  • USA

European companies that wish to export to any of these countries need to understand MRAs and the role of designated Conformity Assessment Bodies (CABs).

If you have a question, please email us on brexitunit@nsai.ie