Following the end of the Brexit transition/implementation period at 11pm on 31 December 2020 (IP completion day), the UK Government has been reissuing a number of Brexit webpages and guidance documents, collating existing stakeholder and sectoral guidance on legal and practical changes taking effect from 1 January 2021.
- 16/11/22
Policy: The UK Government announced that the deadline for when businesses across the wider economy need to use the UKCA mark has been extended until 31 December 2024. Specific regulatory amendments regarding the UKCA marks on construction products have yet to be resolved.
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- 05/09/22
Legislation: SI 2022/draft Product Safety and Metrology (Amendment) Regulations 2022.
These draft Regulations are proposed to amend 18 pieces of UK secondary legislation and three pieces of retained direct EU legislation in relation to product safety and metrology. They come into force at 11 pm on 31 December 2022.
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- 10/08/22
Policy: The UK Government (BEIS) has published new guidance on how to conform with the UK Conformity Assessment (UKCA), which sets out how to ensure that products are properly checked for conformity and technical documents are managed correctly. BEIS also added that the government will be introducing legislation to allow conformity assessment activities undertaken by EU-recognised Conformity Assessment Bodies (CABs)—for CE certification before 31 December 2022—to be used by manufacturers to declare existing product types as compliant with UKCA requirements.
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- 29/06/22
Legislation: SI 2022/712 Construction Products (Amendment) Regulations 2022. These Regulations have been drawn up under the Building Safety Act 2022, in connection with Brexit.
These provisions:
- amend regulations 2, 3, 5, 10 and 14 of the Construction Products Regulations 2013, SI 2013/1387, to provide that the Secretary of State is an enforcement authority in relation to construction products in England and Wales, and in Scotland
- amend Schedule 3 to the Construction Products (Amendment etc) (EU Exit) Regulations 2020, SI 2020/1359, to provide that the Secretary of State is an enforcement authority in relation to construction products in Northern Ireland.
They come into force on 20 July 2022.
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- 21/06/22
The UK Government (DLUHC) has amended its guidance providing practical information for placing construction products on the Great Britain (GB) market. The guidance has been amended to reflect the Government’s intention to recognise historic test certificates for products under Assessment and Verification of Constancy of Performance (AVCP) System 3, including clarification on the deadline for historic test certificate and conditions that make the given certificate valid.
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- 2022/draft Procurement (International Trade Agreements) (Amendment) Regulations 2022
These draft Regulations are made in exercise of legislative powers under the Trade Act 2021 (TA 2021) in connection with Brexit. These Regulations amend various UK and Scottish public procurement Regulations for the purpose of implementing the Free Trade Agreement between Iceland, Liechtenstein and Norway and the UK (EEA EFTA Agreement).
UK Government, 26th April 2022
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- The Association for Consultancy and Engineering (ACE) has announced, following forecasts by Turner & Townsend, that the UK construction sector is experiencing soaring inflation exacerbated by the conflict in Ukraine, meaning that businesses should focus on securing a resilient supply chain and getting the basic right to guard against further shocks.
The Association for Consultancy and Engineering (ACE), 21st April 2022
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2021
- 2021/draft Conformity Assessment (Mutual Recognition Agreements) (Construction Products) (Amendment) Regulations 2021
Draft Regulations are proposed to amend one piece of UK secondary legislation in relation to construction products. UK Government, 17th September 2021
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- The House of Lords has published a briefing on the committee reports and recent developments regarding the Northern Ireland Protocol ahead of their debate on 13 September 2021.
UK Government, 26th August 2021
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- In context of CE markings, the UK Government has announced that UK businesses will have an extra year to start using the new UKCA product safety marking on all previously CE-marked products, including construction and building services products.
The UK Government has updated its Construction Products Regulation in Great Britain guidance. The guidance has been amended to clarify the new end-date for recognition of the CE mark in Great Britain, which has and explains the need for additional legislation to end recognition of the CE mark. The guidance provides practical information for placing construction products on Great Britain’s market. The CE mark will be replaced with UK Conformity Assessed (UKCA) marking, which will allow the UK to have control over its goods regulations. Recognising the impact of the pandemic on businesses, the government have given businesses an additional year to apply the new product safety markings, originally scheduled for 1 January 2022. The extension means that the CE mark must be replaced by UKCA marking by 1 January 2023.
UK Government, 24th August 2021
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- The Department for International Trade (DIT) has published a summary of the progression made in the sixth round of free trade agreement negotiations with New Zealand, which took place between 19 – 30 July 2021. Productive discussions covered several areas including Cross Border Trade in Services, Technical Barriers to Trade, Consumer Protection and Financial Services, with significant progress made with Express Delivery Services, Anti-Corruption and Development.
UK Government, 24th August 2021
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- The Department for International Trade (DIT) and Prime Minister, Boris Johnson, has published the list of the 10 newly appointed Trade Envoys who will promote British business in dynamic markets such as Australia, Brazil and Canada, drive economic growth, and encourage inward investment to help level up every part of the UK. These new appointments bring the total number of Trade Envoys to 36, covering 76 different countries.
UK Government, 23rd August 2021
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- The House of Commons International Trade Committee has published a report on digital trade and data.
UK Government, 28th June 2021
Within it, the committee makes several recommendations to the government on how to carry out future Free Trade Agreements (FTAs) with regards to data and the provision of digital services.
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- The Home Office has updated its 'Apply to the EU Settlement Scheme (settled and pre-settled status)' guidance webpage to confirm that individuals with an expired passport or eligible national ID card can apply to the EU Settlement Scheme (EUSS) using the online application process.
UK Government, June 2021
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- The Cabinet Office has published the first UK-EU annual report on the functioning of the Withdrawal Agreement, issued pursuant to Article 164(6) of the Withdrawal Agreement
UK Government, 25th June 2021
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- SI 2021/draft. European Union (Future Relationship) Act 2020 (References to the Trade and Cooperation Agreement) Regulations 2021 was announced on 16th June.
UK Government, 26th June 2021
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- The UK Government Cabinet Office has published updated guidance on 12th May 2021 on the new rules for importing and exporting goods as well as the new border requirements for moving goods to and from the EU. The guidance provides an overview to exporting and also includes recordings and videos which outline the new rules for moving goods to and from the EU in further detail.
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- Trade Act 2021 - The Trade Bill received Royal Assent on 30th April, 2021. This Bill made provision for the implementation of international trade agreements; made provision for establishing the Trade Remedies Authority and conferring functions on it; and made provision for the collection and disclosure of information relating to trade.
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- The Financial Services Act - Its Bill received Royal Assent on 29th April, 2021. The purpose of the Bill was to make provision about financial services and markets post-Brexit. Among other things, the Financial Services Act contains measures that enable the implementation of the remaining Basel III standards and a new prudential regime for investment firms, and give the Financial Conduct Authority (FCA) additional powers to oversee an orderly transition away from the LIBOR benchmark.
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- On the 29th April 2021, The Council of the European Union adopted the decision on the final conclusion of the EU-UK Trade and Cooperation Agreement (TCA) (as well as the Security of Information Agreement (SIA)). Both the TCA and SIA will then enter into force on 1 May 2021.
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- SI 2021/527 Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (EU Exit) (Amendment No. 2) Regulations 2021. This enactment was made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 in connection with Brexit. This enactment amended four pieces of UK secondary legislation in relation to customs. It comes into force partly on 30 April 2021, and fully on 20 May 2021.
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Brexit Bulletin—EU Environment Sub-Committee considers TCA impact on food, environment, energy and health
UK Government, 23rd March 2021
The House of Lords EU Environment Sub-Committee has published its report on the subject of the EU-UK Trade and Cooperation Agreement (TCA) and what it means for food trade, fisheries, environment and climate change, energy and carbon pricing, chemicals and health. This is the second in a series of five reports that consider the future relationship between the UK and the EU.
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The UK Cabinet Office has published a policy paper setting out the provisional common framework on public procurement.
UK Government, 23rd March 2021
The ‘Public Procurement Common Framework’ sets out proposals jointly developed and agreed between the UK government and devolved administrations regarding co-operation arrangements in domestic and international public procurement policy and legislation, following the end of the Brexit transition period.
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The European Commission has welcomed the political agreement between the European Parliament, the Council and the Commission on making the European Travel Information and Authorisation System (ETIAS) fully operational.
Council of the EU, 18th March 2021
Non-EU citizens travelling through the Schengen area who are exempt from visa requirements will have to register and obtain authorisation before travelling once ETIAS is in place.
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HM Revenue & Customs (HMRC) has published updated guidance for stakeholders.
Lexis Nexis, HMRC. 17th March 2021
Subjects covered in the updated HMRC guidance include the date for submitting safety and security declarations for imports into Great Britain from some countries being changed from 1 July 2021 to 1 January 2022, and the added email address for sending quarterly reports.
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The Cabinet Office has published its integrated review of security, defence, development and foreign policy, entitled ‘Global Britain in a Competitive Age’,
The UK Government, 16th March 2021
The strategy is described as a ‘comprehensive articulation’ of the UK’s national security and international policy.
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HM Revenue and Customs (HMRC) has announced that the Brexit support fund for small and medium sized enterprises (SMEs)
The UK Government, HMRC, 16th March 2021
The Fund is now open for applications. SMEs can apply for a grant of up to £2,000 to support them while adapting to new rules on trading with the EU.
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EU and International Trade Update
Confederation of British Industry (CBI), 19th February 2021
The CBI has been working closely with businesses in 2021 to identify the key challenges they face adjusting to the new trading relationship between the UK and the EU.
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BCC Brexit survey: Half of UK exporters report difficulties adapting to changes relating to EU-UK goods trade
British Chambers of Commerce, 11th February 2021
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Environment Agency’s obligations after Brexit
Interview by Lexis Nexis, 11th February 2021
Environment analysis: Gethin Thomas, barrister at 39 Essex Chambers, discusses the Environment Agency’s (EA) obligations and responsibilities post Brexit (after the end of the Brexit transition period), in particular in relation to waste exports and ozone-depleting substances (ODS).
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Brexit-hit businesses need customs clarity, delayed deadlines, MPs told
Lexis Nexis, 9th February 2021
Brexit-hit UK companies need better guidance on customs rules as they risk failing to keep the correct records to avoid duties. Rules of origin (which dictate when a good can enter a foreign market tariff-free, depending on how much of the product was made in the exporting country) have become the biggest problem for EU-UK trade since IP completion day, and ‘cowboy’ companies are offering advice that could hurt businesses even more.
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UK construction loses a quarter of its EU-born workforce
Construction News, 22nd January 2021
The number of European Union-born workers in the UK construction industry dropped by more than a quarter in 12 months.
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- The effect of Brexit on UK construction
RICS, 11th January 2021
The trade deal imposes no direct charges on construction or construction products but there are administrative burdens
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- Brexit: new rules are here
UK Government, 1st January 2021
The Brexit checker for all personal advice on travel and doing business within Europe.
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- European Union (Future Relationship) Act 2020
The Official Act, formalising the trade agreement and future relationship between the EU and the UK was passed on December 31st, 2020.
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- Brexit: What the UK-EU Trade and Cooperation Agreement means for supply chains
Field Fisher, 29th December 2021
Commercial analysis of the 1,250-page UK Trade and Cooperation Agreement with the EU.
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2020
- Construction Products Regulation in Northern Ireland
UK Government, originally published on 23rd November 2020, now updated
The web page explains the new requirements for placing construction products on the Northern Ireland market.
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- Construction Products Regulation in Great Britain
UK Government, originally published on 1st September 2020, now updated.
Guidance providing practical information for placing construction products on the GB market.
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- EU Construction Products Regulation and CE marking, including UK product contact point for construction products
UK Government, originally published on 1st July 2013, now updated
Details how to place CE marking on products, how to identify UK requirements relating to construction products, and how to apply to be a UK Notified Body or Technical Assessment Body.
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- Government publishes updated GB-EU Border Operating Model
UK Government, originally published 8th October 2020, now updated
Details how the GB-EU border will work and the actions that traders, hauliers and passengers need to take
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