Whilst 2023 is already well underway, it is important to consider the important milestones relating pending UK import and export measures that 2023 holds.

These milestones should be considered and addressed appropriately to avoid disruption of trade flows in and out of the UK. CDS export Exporters will have more time to move across to the new Customs Declaration Service (CDS).

The planned date of the 1st April 2023 no longer applies and traders now have until 30th November 2023 to continue using the CHIEF system for export declarations. CDS for exports will be introduced in a phased approach and the key phases are: › From late February 2023 – export declarants that only move goods through ports in the UK that use the Goods Vehicle Movement Service (GVMS) – also known as non-inventory linked ports.

› From May 2023 – export declarants that currently use the National Export System (NES) web service to submit export declarations on CHIEF

› From September 2023 – export declarants using inventory-linked ports and DEPs

› From 30 November 2023 – All export declarations must be made using CDS Import controls The Government previously announced that the changes to import controls on certain products coming from the EU would not be introduced on 1 July 2022 as planned. These import controls now have a target launch date of end of 2023.

The list of controls that are now planned to be introduced by the end of 2023 is:

› A requirement for safety and security declarations on EU imports

› A requirement for health certification for further Sanitary and Phytosanitary (SPS) imports

› A requirement for SPS goods to be presented at a Border Control Post (BCP)

› A requirement for SPS currently at destination to be moved to a BCP

› A requirement to issue Certificates of Inspection (COI) for organic imports

› A requirement for organic imports to be presented at a BCP

› Prohibitions and restrictions on the import of chilled meats from the EU

UKCA marking

The UKCA marking is the product marking used for products being placed on the market in Great Britain. The UKCA marking applies to most products for which the European CE marking could be used and would have become required per 1 January 2023.

To provide businesses with some flexibility, the UK government will bring forward legislation that continues to allow recognition of the CE marking for most goods that are being placed on the market until 31 December 2024.

It should be noted that UKCA marking is already available and can be used.

Conclusion

Importers of products from the EU currently benefit from the relative flexible UK import controls measures, at least until the above listed restrictions come into play. It is however pertinent that the UK and EU come to some sort of mutual recognition on the import controls topics to ensure a continuation of the market access for all goods.

With the agreement on 27 February 2023 relating the Northern Ireland situation (The Windsor Framework), the EU and the UK have made a first step to a closer relationship.

The expectation is that this also opens up the opportunity for further cooperation on some of the above mentioned topics, including the import controls. Nevertheless, the expectation is that some of these topics will not be resolved before the provided timeframes and further disruptions and increase in cost for doing business in the UK are still expected.

Contacts

For any questions, please feel free to contact:

Arjen Odems, odems@cutraco.com

Maartje Meijer, meijer@cutraco.com

Dutch Customs is replacing the existing customs declaration services (AGS) with a new system called DMS. This is due to new legislation and regulations from the EU and is based on the EU Customs Data Model for digital customs declarations.

The initial plan was that DMS would be available for operators in the Netherlands in the course of 2022, but due to a number of issues this has been postponed. AGS will be phased in and for import and export declarations will remain available until 30 November 2023, whilst AGS for special procedures will remain available until 31 December 2023.

We note that NCTS will continue to exist alongside DMS. Declarations for the transit procedure can only be made in NCTS.

Key changes in DMS:

The data set in the customs software solution needs to be updated and communication protocol needs to meet the new standards. This also means that traders need to provide additional details in order for the customs declarations to be lodged and accepted.

Historically, Dutch Customs was able to make changes/edits in the customs declaration in the event of findings resulting audits of the declarations (e.g. for random checks upon entry). With DMS, this is no longer possible and the clearing agent and/or the trader will receive a ‘message’ reflecting the findings. 

The clearing agent and/or the trader are subsequently responsible to make these amendments in the lodged declarations or appeal the findings. 

This could potentially lead to delays in releasing the shipments.

The common practice in the Netherlands for simplified declaration procedures, entry into the declarants records, and filings for customs warehousing, inward processing relief, etc. (commonly referred to as the GPA and SPA) will disappear and will be replaced by filings into DMS. 

This means that companies currently using the GPA and / or SPA will need to ensure that the relevant data elements are lodged via DMS on a complete and timely manner.

Planning and timelines

DMS will be introduced in a phased approach. The intention is that the first couple of clearing agents will transfer to DMS on a pilot basis in the first and second quarter of 2023. Subsequently, companies that are filing customs declarations will receive notification from Dutch Customs regarding the transfer onto DMS, including suggested timelines.

The current end-date for transfer from AGS to DMS is set at 30 November 2023 for normal declarations and 31 December 2023 for current GPA and SPA filings. This indicates that Dutch Customs will no longer accept customs declarations via AGS after the mentioned dates.

Conclusion

Dutch customs encourages customs clearing agents and traders that lodge declarations themselves to work more real-time. Robust customs processes are therefore becoming even more important and the importance of IT support becomes increasing significantly.

If businesses want to smoothly start lodging declarations via DMS, it is pertinent that they actively and timely engage with the DMS migration process and organise their IT structure to ensure they are prepared to lodge declarations on a daily basis, or provide the information to their declarant who will lodge the declarations on their behalf.

Contacts

For any questions, please feel free to contact:

Arjen Odems, odems@cutraco.com

Maartje Meijer, meijer@cutraco.com