Negotiators from the European Union and the United Kingdom agreed on 17 October 2019 on a draft withdrawal agreement for the United Kingdom from the EU. This agreement was signed on 24 January 2020 by the President of the European Council, the President of the European Commission and the British Prime Minister. The European Parliament approved the agreement on 29 January 2020. The Withdrawal Agreement entered into force at the UK's exit from the EU on 31 January 2020 at midnight and the transition period started on ¹ February.

On 24 December 2020, a Trade and Cooperation Agreement was concluded between the United Kingdom and the European Union.

Under the Trade and Cooperation Agreement, no customs duties will apply to trade between the European Union and the United Kingdom. The agreement also defines a special relationship between the United Kingdom and the European Union, in commercial matters, but also for cooperation in certain areas (police and judicial cooperation, social security coordination, transport, etc.). Although an agreement has been reached between the European Union and the United Kingdom, customs formalities and sanitary and phytosanitary controls will be re-established for the transport of goods.

• Read more: Brexit, where are we?

www.brexit.gouv.fr is the government website providing French citizens and businesses with practical information related to the UK's exit from the European Union.

To find english content about Brexit, please follow the links / You will find information in English by following the links:

• Working through Brexit together - Full dossier
• English content

Brexit corresponds to the withdrawal of the United Kingdom from the European Union, the internal market and the Customs Union.

On 1 January 2021, the United Kingdom will become a third country to the EU, the principles of free movement of persons and goods between Member States will no longer apply to it and new formalities will have to be completed.

The Customs website provides you with all the information on customs clearance, transit and control formalities with third countries as well as simplification procedures and customs procedures.

You can also:

• Get general information from Infos Douane Service by phone (free service and call from France at 0 800 94 40 40 or +33 1 72 40 78 50 outside France and abroad) or via the online form.
• For information on procedures, online services or your regional Customs contacts, please contact brexit@douane.finances.gouv.fr
• Obtain detailed information on procedures and formalities, by contacting the Business Advisory Unit closest to your location. It is specially tasked to provide you with all the necessary support to the best organization of your company to face Brexit with the greatest efficiency. Personalized advice and awareness-raising on customs clearance will be offered to economic operators with no experience in customs clearance.

For any questions relating to sanitary and phytosanitary controls

• Get closer to the Ministry of Agriculture/SIVEP

For any questions related to immigration controls

• Get closer to the Ministry of the Interior

You can also consult the notices published by the European Commission online

• To inform you about the ongoing negotiations

In addition to additional staff (700 officers), Customs has planned new locations at border crossing points, including Calais.

It has also worked on the implementation of a ‘smart border’, which allows, through innovative technologies, to target controls so as not to paralyze traffic.

This system is based on three principles:

• Anticipation of declarations before arrival at the border post
• Identification of heavy goods vehicles by associating license plates with declarations before crossing the English Channel
• Automation of data flows. Only vehicles subject to controls and those having to finalize their transit formalities will be stopped.

The system is deployed at the entry and exit points of Hauts-de-France (ferry ports from Dunkirk and Calais, Channel tunnel to Calais), Normandy (ports of Ouistreham, Dieppe, Le Havre and Cherbourg) and Brittany (ports of Saint-Malo and Roscoff)

• A smart border - French ports [VIDEO]
• A smart border - Eurotunnel [VIDEO]

From 1 January 2021, customs formalities between the countries of the European Union and the United Kingdom are reinstated.

You no longer have to file a declaration of exchange of goods but a declaration of import and export of goods with the United Kingdom, formalities that can be carried out outside the border with existing procedures.

• Safety and security formalities (ICS/ECS) are also in place.

Do not hesitate to contact your

• business advisory unit

to find out which procedure is best suited to your business.

You must file a customs declaration for each of your transactions in order to:

• Calculate duties and taxes
• Compiling international trade statistics
• Carry out targeted checks

This declaration of 54 boxes

can be completed either by a customs clearance professional or by yourself. It must be lodged with the competent customs office, i.e. the one where the goods are presented:

• At the time of presentation of the goods to customs
• Either within 30 days prior to the presentation of the goods to customs at the competent customs office (advance customs declaration).

Useful link:

• The customs guide to preparing for Brexit

The first step is to contact the customs business advisory unit nearest to you, in order to carry out a customs diagnosis of your company with regard to Brexit and consider with it the best possible customs organization.

Professionals, to help you, contact your business advisory unit and the economic action center in your region!

• Contact details of business advisory units

YES

As the United Kingdom has left the European Union, a customs declaration must systematically be made for all trade (import/export) between the United Kingdom and the European Union.

The United Kingdom/European Union Agreement does not provide for safety/security recognition.

ICS formalities for safety and security purposes are mandatory as of 1 January 2021. Therefore, the Entry Summary Declaration (ENS) will have to be lodged before the goods arrive in the customs territory of the Union at the first point of entry (e.g. Calais tunnel or Calais Port).  

The process takes place in 6 steps 

1. Anticipation of customs and health formalities
2. The completion of safety and security formalities
3. Pairing monitoring on the UK side 
4. The crossing 
5. The landing 
6. The treatment of goods on the French side

For more details 

• How to Successfully Import with the Smart Border - Infographic [PDF]
• Note to operators Brexit smart border [PDF]
• Note to Brexit operators ICS formalities [PDF]

The process is detailed in 4 steps

1. Anticipation of customs formalities before electronic registration of the license plate and customs documents (pairing) on the European Union side
2. Pairing, French side
3. The processing of trucks/NAS whose status indicates incomplete customs formality or customs control to be carried out
4. Boarding for the United Kingdom

For more details:

• How to Export Successfully with the Smart Border - Infographic [PDF]
• Note to operators Brexit smart border [PDF]

As of January 1, 2021, the DELTA G and DELTA X online services will evolve.

The United Kingdom has acceded to the Convention on the simplification of formalities in trade in goods, so the EU code must be used when applying for import or export arrangements in DELTA. An admissibility check shall be put in place to prevent the seizure of a type of ‘IM’ or ‘EX’ procedure where the country of origin or destination is GB (UK country code).

• Usage table for GB and X country codes [PDF]

Be careful

• These codes do not apply to Northern Ireland (Country Code XI), the territory in which Union law will apply. 

As of January 1, 2021, you must make an import declaration after veterinary checks are carried out by the veterinary services of the Ministry of Agriculture.

Be careful

You must ensure that you import your goods from a border point with a veterinary border inspection post.

• Approach - Importing goods subject to veterinary regulations

Subject to the agreements negotiated in the future relationship between the UK and the EU, you will need to file export declarations for your goods, together with an Electronic Accompanying Document (EAD).

•  Situation - You sell or buy alcohol or alcoholic beverages outside the European Union

The determination of the customs value of the goods shall be carried out by applying one of the methods of valuation provided for in Articles 70 to 74 of the UCC, as specified in Articles 128 to 144 of the Implementing Regulation (ECR).

In principle, the customs value is determined on the basis of the transaction value

That is, the price actually paid or payable for the goods when sold for export to the customs territory of the Union (TDU).

If applicable

This transaction value may be increased or decreased to take account of certain costs exhaustively listed in Articles 71 and 72 of the UCC. In case of unknown elements of the customs value at the time of customs clearance, a provisional value authorization (PVA) or an adjustment authorization (AA) may be requested. It should be noted that the authorization of AVP may also be requested in the absence of a transaction value. For more information you can consult the dedicated sheets on the customs website (see customs value file).

Failing this, or if the transaction value is rejected

The customs value shall be determined by applying secondary methods as defined in Article 74 UCC, so as to restore the real value of the goods.

The amendment to Annex 23-01 published on 10 December 2020 links the United Kingdom with the exception of Northern Ireland in Area Q (in the same way as Switzerland) and results in the integration of 5 % of the total amount of air transport costs into the customs value. As regards the statistical value, defined in Article 4 of Regulation EC No 113/2010 of the European Parliament and of the Council of 9 February 2010, the percentage of air cargo to be included in the statistical value for goods imported into France from the United Kingdom (except Northern Ireland) shall be 33 % of the amount of air transport costs.

This agreement is available in its French version at the following link:

• https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=OJ:L:2020:444:TOC

The text of the agreement was concluded on 24 December 2020

It will enter into force provisionally on 1 January 2021.

YES

As the United Kingdom has left the European Union, a customs declaration must systematically be made for all trade (import/export) between the United Kingdom and the European Union.

The agreement allows, under certain conditions, to benefit from an exemption from customs duties

for all trade between the United Kingdom and the European Union, regardless of the products.
In the absence of an agreement, certain products would have been heavily taxed under the external tariffs (TEC) of the United Kingdom and the European Union.

You can find the applicable Common External Tariff duty rates at the following links:

• Import to the UK: UK tariffs from 1 January 2021
• Importing into the European Union: RITA Encyclopedia

To help you in the preparation of your import or export operations

• The Access2markets tool

NO

Many products are already exempt from customs duties under the common external tariffs of the European Union and the United Kingdom.

Therefore, before applying for a tariff preference under the Agreement, which involves taking steps and complying with the special conditions, it should be verified beforehand that the product is not exempt from customs duty under the external tariff.

If it is exempted, it is not necessary to apply for the benefit of the tariff preference.

Preferential origin allows a good to benefit from a reduction or exemption from customs duties in the context of a preferential relationship concluded by the European Union (EU).

• The determination of the preferential origin of a good can only take place within the framework of a preferential relationship concluded by the EU. In this case, it is the trade and cooperation agreement with the United Kingdom.

For more details on determining preferential origin in general, you can consult the guide published by the DGDDI:

• Guide for the determination of preferential origin in the European Union (EU) [PDF]

You can also contact the Economic Action Hub of the regional branch in your riding.

• Professionals, contact your business advisory unit and the economic action center in your region

The rules of origin are set out in Chapter 2 of Title I of Part II of the Agreement.

The chapter on rules of origin defines the essential concepts of whether a product can be considered as originating in a Party. In particular, it lays down the procedures for applying for the benefit of the tariff preference, the proofs of origin, but also the provisions relating to control. You will find the rules of origin on page 472 of the agreement which are broken down by product at the following address: https://trade.ec.europa.eu/access-to-markets/fr/content

The product must originate in one of the Parties to the Agreement. It may be considered as originating in one of the Parties:

• If it is wholly obtained there;
• If it is manufactured in a Party, exclusively from materials originating in that Party;
• If manufactured in a Party, from non-originating materials provided that they comply with the list rules of Annex 2 "origin" to the Agreement (pages 415 to 485 )

The specific rule depends on the tariff classification of the product. Two steps need to be implemented:

1. To know the tariff classification of your product, you can consult the RITA customs encyclopedia, by clicking on the nomenclature balloon.
2. You should then refer to Annex 2 « Origin » of the Agreement for the applicable rule. You will find the rules of origin on page 472 of the agreement which are broken down by product at the following address: https://trade.ec.europa.eu/access-to-markets/fr/content

French Customs issues free binding origin information (RCO).

The RCO secures the determination of the origin of your goods in your import and export operations.

You can find all the information on the RCO on the Customs website:

• Approach - Know and ensure the origin of your goods

On importation into the EU, the RCO is enforceable against all customs administrations of the European Union (EU). It is valid for 3 years.

To apply for preferential import tariff treatment in the European Union:

• The code ‘300’ shall be indicated in box 36 ‘Preferences’ of the SAD.
• The code ‘GB’ shall be entered in box 34 ‘Country of origin code’.

In addition, box 44 ‘Documents’ shall be completed with the following codes:

• Or code U116 where the request for preferential tariff treatment is based on a statement of origin.
• Either code U117 where the request for preferential tariff treatment is based on the knowledge of the importer.
• For example, code U118 where the request for preferential tariff treatment is based on a multiple consignment certificate of origin.

Yes, the agreement provides for this possibility in Article 18a within 3 years after the date of importation. 

The operator may base his claim for reimbursement on the legal basis of Article 117 of the UCC (overpayment following a subsequent request for preferential treatment).

If you wish to base your refund claim on the knowledge of the importer, you will have to produce at the local customs office all supporting documents to establish the preferential origin of the goods.

If you wish to base your claim on a statement of origin, you must therefore ensure that the latter is valid on the date of submission of the refund application.

You will find all the information you need to submit your refund request on the following steps: 

• Submit a request for a refund or remission of duties

Article 18 provides for two procedures for requesting preferential treatment

• the statement of origin (Article 19)
• and knowledge of the importer (Article 21).

The certificate of origin

shall be affixed to an invoice or other commercial document issued by the exporter which describes the exported originating products in sufficient detail to enable them to be identified.

Knowledge of the importer

is based on the commercial relationship between the exporter and the importer. The importer will request the tariff preference and must be able to prove the originating status of the imported goods by the customs authorities of the importing country.

A certificate of origin may be issued when the goods have a preferential origin.

It must comply with the form laid down in Annex 4 ‘Origin’ to the Agreement.

For consignments with a value of €6000 or less, where the goods are of preferential EU origin, any exporter shall be able to issue a statement of origin on the invoice or any other commercial document without a REX number.

For consignments with a value exceeding €6000, the exporter must have the status of registered exporter and therefore hold a REX number which he will indicate on the certificate of origin.

A certificate of origin may be issued when the goods have a preferential origin.

It must comply with the form laid down in Annex 4 ‘origin’ to the Agreement.

For all shipments, regardless of their value, the UK exporter must issue a certificate of origin with his exporter number.

This number has the structure of an EORI number.

To become a registered exporter

and get a REX number, just register in the Soprano-REX online service

• Apply for a Registered Exporter (EE - REX System)

YES

Each operator has a unique number. So you don't have to apply for a new number.

On 18 January 2021 Customs will update all previously granted REX records. They now automatically include the United Kingdom (‘GB’ ISO code) in field 5 on the applicable preferential relationships. This automatic procedure aims to facilitate the use of the REX number to the UK without specific change requests from operators. This operation does not affect the liability of operators for the respect of the originating status of the products for which the REX number would be used or the appropriateness of using it to the United Kingdom.

The wording of the statement of origin is provided for in Annex 4 to Chapter 2 (see page 532 of the Agreement: https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=OJ:L:2020:444:TOC).

With regard to certificates of origin issued in the European Union, it is specified that:

• The commercial document containing the statement of origin must clearly identify the exporter;
• It does not have to be signed;
• Article 68(4) of the ECR provides that the REX number must necessarily appear in the text of the statement of origin above a value threshold of the consignment of EUR 6000,
• Below this value threshold, it is not necessary to have registered exporter status to issue a statement of origin. The space between square brackets provided for in the wording of the statement of origin and intended for the insertion of the REX number is then deleted or left blank,
• The certificate of origin mentions a European Union (Union) origin.

Exporters may, until 31 December 2021, make out statements of origin for exports to the United Kingdom on the basis of supplier’s declarations to be provided subsequently by the latter, provided that on 1 January 2022, the supplier’s declarations are in the possession of the exporters.

No

This status was not retained in the agreement: only the REX system applies for EU exporters.

If you opt for importer knowledge:

• When importing into the European Union, you will need to obtain from your UK supplier information demonstrating that the imported product is indeed originating and that it meets the requirements of the chapter on rules of origin. 
• When exporting to the UK, you will need to provide your UK customer with all information demonstrating that the exported product is indeed originating and that it meets the requirements of the Chapter on Rules of Origin. 

Within this framework

the exporter and the importer must provide in their commercial relations for the availability of all the data enabling the originating status of the goods to be established, from the date of application for the tariff preference.

The importer has full responsibility for the declared origin in case of control.

Article 30 of the Agreement lays down transitional provisions of 12 months

This allows an importer to claim the benefit of the tariff preference within this period for goods that are:

• Either in transit between the exporting and importing Party,
• Either under customs control in the importing Party without payment of import duties or taxes.

Goods already cleared by customs are therefore not eligible for this transitional measure.

All goods have a six-digit code worldwide

This is the harmonized system. Each Member State then has the opportunity to refine the nomenclature of this harmonized system.

In the European Union, the nomenclature is included in the integrated tariff of the Community and has been refined up to 10 digits.

In the United Kingdom, as far as we know, the nomenclature will consist of 8 digits as of 1 January 2021. 

You can view this bill of materials

• Trade Tariff: look up commodity codes, duty and VAT rates

To trade with a third country

You must have a unique Community ID number, also known as the Economic Operator Registration and Identification (EORI) number.

As of 1 January 2021, it is indispensable for exporting products to the United Kingdom or importing British goods. In France, the EORI number, assigned at the level of your establishment, follows the structure of the SIRET number preceded by FR.

Learn more about Brexit trading

• The Customs Guide to Brexit Preparation [PDF]

In order to anticipate the consequences of Brexit for French companies

a massive and automated registration operation of operators who had exchanges with the United Kingdom in 2018 was carried out in March/April 2019.

If you are concerned

You can now check the validity of your EORI number on the Customs website:

• Know your EORI ID

You can also check if you have an EORI number

and obtain additional information:

• Companies, check if you have an EORI number

1) I check if I have an account on douane.gouv.fr

• I already have an account on douane.gouv.fr: I enter my credentials.
• I don't have an account, I click on: creating your personal account

2) I access SOPRANO

• In "My personal space" or by direct link:
• Online service - Application for customs and tax authorization (SOPRANO)

3) I file a file

• I click on the "Submit a new application" section for my EORI number application.

4) I fill in the relevant service in the drop-down list and I enter my SIRET (fields are prefilled).

5) After checking the information provided, I receive an acknowledgement of receipt by email.

6) I get my EORI number by return email within about three hours.
 

Online approach

• Register your business with Customs (EORI number)

1) Cases requiring an EORI UK number

• As of January 1, 2021, if you have a subsidiary in the United Kingdom and you export goods from France to this establishment, you must make an export declaration on the French side and an import declaration on the English side. Therefore, you need an EORI EU number and an EORI UK number.
• Some commercial contracts may stipulate that either the buyer or the seller are responsible for both the import declaration and the export declaration. The responsibilities of each in the contracts are often determined by the choice of Incoterms.  If your company makes both declarations, you must therefore accumulate an EORI EU number and an EORI UK number.

2) Get an EORI UK number

To request an EORI UK number, visit the UK Government website: 

• Get an EORI number

You will receive it within five working days at the latest.

Transit allows goods to move through several customs territories under suspension of duties and taxes.

For flows that pass through the smart border, it is advisable to prioritize the transport of your goods in transit both to and from the UK. This customs procedure makes it possible to ensure a smooth passage of the border, postponing the customs clearance of goods at the internal point of the customs territory of destination.

For example, goods from the United Kingdom to Poland may cross the cross-Channel border under cover of a transit declaration to Poland, where they may be cleared (payment of duties and taxes), thus limiting the risk of stopping at the French border.

For border crossing, operators may use three forms of transit:

• transit from the United Kingdom (flow from the United Kingdom to the European Union) or from the Republic of Ireland (flow from the Republic of Ireland to the European Union, via the United Kingdom);
• early transit from France;
• or international road transport (TIR), between EU Member States and TIR countries (e.g.: Russia).

Transit may be used for both Union status goods (T2 transit) and third status goods (T1 transit).

The transit declaration for departure from the United Kingdom (excluding Northern Ireland) must be lodged in the British transit system, before the goods are loaded onto the means of transport.

The transit declaration from the Republic of Ireland shall be lodged in the Irish transit system before the goods are loaded onto the means of transport.

The office of transit is the first customs office of entry into a new customs territory. In the context of transit from the United Kingdom, the office of transit to be entered in the transit declaration is a French Brexit customs office.

In the context of a transit declaration from the Republic of Ireland, two offices of transit must be indicated: the first British customs office for entry into British customs territory and a French Brexit customs office.

As a reminder, the transit declaration from the United Kingdom must include:

• a British customs office as office of departure,
• a French Brexit customs office as a transit office
• and a customs office of a Member State of the EU or of the Common Transit Convention as the office of destination.

The transit declaration from the Republic of Ireland shall include:

• an Irish customs office as office of departure,
• a British customs office as a transit office,
• a French Brexit customs office as a transit office,
• and a customs office of a Member State of the EU or of the Common Transit Convention as the office of destination.

In the event of a change in the French office of transit and inconsistency between the declared office of transit and the actual office of transit, the « diversion » is, in the vast majority of cases, managed automatically by the French transit system, Delta T.

However, in order to avoid stopping the truck at the border because of a refused diversion, operators planning to cross the port of Dover as a port of departure are advised to inform the two crossing offices (Calais port tunnel and Dunkirk ferry).

In any case, a computer adaptation must very soon settle the subject of the refused hijackings.

• Dunkirk ferry (FR590002)
• Calais port tunnel (FR620001)
• Rouen (FR003920)
• Caen (FR000720)
• Le Havre port CREPS (FRD02300)
• Cherbourg (FR000950)
• Saint-Malo (FR004060)
• Brest office (FR000690)

Transit declarations lodged in Delta T (departure from France) must not include an EORI number issued by the United Kingdom (EORI starting with GB) or a VAT number, in the boxes « sender » and « consignee ». The entry of such numbers would prevent the operator from notifying the arrival of his goods at destination.

• The ‘consignee’ box must contain an EORI number issued by an EU Member State and the name and address of the person concerned.
• The box ‘consignor’ may include the name and address of the person concerned and/or an EORI number issued by an EU Member State.

The transit declaration must be lodged in advance (before the goods are presented at the office of departure in France) and in the French Delta T transit system. It can be deposited in two ways:

• on the one hand, in ITD, up to 30 days before the presentation of the goods;
• on the other hand, via an EDI connection provider, up to 72 hours before the presentation of the goods.

The transit declaration must include a French Brexit office as the office of departure. In the event of an error on this data in the Union transit declaration, the truck cannot be oriented in a green queue when arriving in France.

In addition, the office of destination must be in a Member State of the European Union or State acceding to the Common Transit Convention, depending on the destination. However, several offices of transit may be necessary in the event of crossing a non-EU Member State which is a member of the Common Transit Convention (e.g. Switzerland). For a France-Italy transit, via Switzerland, the first office of transit is the first Swiss office, the second office of transit is the first Italian office.

The country of dispatch to be entered in a Union transit declaration is the United Kingdom (GB code), and not France, even if the declaration is lodged at the French office of departure, in the French system (the covered movement starting in France). In the event of an error on this data in the Union transit declaration, the truck cannot be oriented in a green queue when disembarking in France.

The Union transit declaration lodged in ITD shall be validated during the Channel crossing, once the boarding notification has been received by the operator. If this action is not carried out in time by the operator, the truck will be stopped at the French border for finalization of its customs formalities.

The Union transit declaration lodged in EDI does not require validation during the journey. The operator has no action to perform. It should be noted that this modality for validating the Union transit declaration is temporary and that once Delta T is open to all operators, any Union transit declaration lodged under the Smart Border will have to be validated by the operator during the crossing (potentially in an automated manner if the chosen EDI system allows it).

In the transit declaration, irrespective of the country of departure, the following two data must be entered for the processing of SPS goods:

• the adapted document code (‘853’ for animals and products of animal origin, ‘851’ for plants and plant products, ‘852’ for feed of non-animal origin);
• the reference of the health document previously deposited in TRACES.

In addition to filling in the paper TIR Carnet, the operator must lodge an electronic declaration for the European Union part of the TIR journey. This declaration must be filed either in Delta T or via the TIR-EPD application.

For all transit declarations departing from the United Kingdom, Republic of Ireland or France, the driver must present to the pairing officers of the ferry or tunnel companies, the MRN barcode of the declaration relating to the goods transported, which is scanned and associated with the registration plate of the truck.

In the case of TIR, the driver must inform the pairing officers of the ferry or tunnel companies that he is transporting goods under cover of a TIR Carnet.

Each time a transit declaration is lodged, a reference amount, corresponding to the duties and taxes suspended, shall be set off against the operator's security. Also, if the latter does not notify the arrival of the transit movement at its destination, the amount linked to this operation is blocked and the guarantee is not released for other transit operations.

The transit procedure shall be discharged by the customs authorities where they are able to establish, on the basis of a comparison between the data available at the customs office of departure and those available at the customs office of destination, that the procedure has ended correctly. The lack of clearance of transit movements arriving at their destination therefore risks blocking trucks under transit at the border due to insufficient security.

Clearance may be problematic if the transit declaration has not been properly served at departure. It is therefore particularly important to ensure the good quality of the data included in the declarations, as indicated in the preceding paragraphs.

Yes.

Your request to intervene remains applicable in all the MS requested, except in the United Kingdom. You do not have to take any steps, the updating of the requests for intervention is carried out automatically in the European bases.

Upon simple request from you on the functional box contrefac@douane.finances.gouv.fr, an updated approval can be issued to you (deletion of the UK box in sections 6 and 10).

No

Decisions issued by the competent services of the United Kingdom before 1 January 202 - decisions numbered "GB" - are no longer valid in the EU.

In order to benefit from the protection of your IPRs within the EU MS, you will have to file a new application for intervention with one of them.

If you applied in one of the 27 Member States

This remains valid even if your request is for the code « UK ».

However, the application will not apply to the United Kingdom.

If you have applied to the UK

This one is no longer valid. You will need to submit a new application to one of the 27 EU Member States.

The application form, updated by the European Commission, is available online on the « Lodging an application to intervene with the customs services » approach.

The amendments concern two headings:

• Heading 6 ‘MS where customs intervention is requested’;
• heading 10 ‘I request the application of the small consignment procedure in the following Member States’,

in which the country code for the United Kingdom (UK) has been deleted and replaced by the country code for Northern Ireland (XI).

Applications for action will have to be lodged with the competent authorities of only one of the 27 Member States (excluding the United Kingdom) and customs supervision will only be carried out in the Member States you have chosen.

Applications to intervene under Regulation (EU) 608/2013 will no longer be submitted to the competent customs service of the United Kingdom.

For France, these requests for intervention will continue to be filed with the DGDDI, COMINT3 office, counterfeit cell in dematerialized format at: contrefac@douane.finances.gouv.fr

The original will also be sent by post to the following address:

Directorate General of Customs and Indirect Duties
Under the direction of International Trade
Section Commercial Policy Intellectual Property and Counterfeits Unit
11, rue des deux communes
93558 Montreuil cedex 

Under the Special Protocol governing the EU's relations with Northern Ireland since 1 January 2021, Northern Ireland is treated as part of the EU customs territory. It is identified by the country code ‘XI’.

Regulation EU 608/2013 may therefore apply to it under certain conditions.

You will be able to apply for intervention under Regulation (EU) No 608/2013 in any of the 27 Member States for protection in Northern Ireland, but only under agricultural geographical indications (GIs).

You will need to submit an application to the authorities that issued the decision to amend your application to include Northern Ireland, only for your GI IPR.

For all types of IPR registered at EU level (trademarks, designs, patents, etc.), as well as for IPR relating to GIs, you will be able to apply for action under Regulation EU 608/2013 to the competent authorities of the United Kingdom for Northern Ireland. This application will be considered as a national application for Northern Ireland. Monitoring will only take place in Northern Ireland.

You must contact the relevant UK authorities to find out what steps to take.

No

As of 1 January 2021, EORI numbers issued by the UK authorities are no longer valid in the EU (number starting with GB). These numbers, already used in applications for intervention (under heading 1 ‘applicant’ and heading 4 ‘representative’ ), were invalidated on 1 January 2021.

Since the EORI number is a mandatory information, you must update your request for intervention by providing a new EORI number. This information will be communicated to the Intellectual Property and Counterfeits Unit, at the following email address: contrefac@douane.finances.gouv.fr

In the absence of this information, decisions granting applications for intervention will be suspended and initial applications will be rejected.

You will have to register in one of the EU MS according to the procedures indicated on the customs website
If one of your establishments is already registered in the EU, you will be able to use the existing EORI number.
If you do not have an establishment already registered, you will need to contact the COMINT1 office, the EORI section at the DGDDI to change your number at dgcomint1-eori@douane.finances.gouv.fr
 

Yes

A British lawyer or lawyer may file an application for leave to intervene on your behalf with the French customs authorities. He or she may be designated as your representative (box 4), subject to the following two conditions:

1. You must prove that you have authorized the designated person to represent you by attaching a power of attorney to the application to intervene.
2. Your representative must hold an EORI number in his/her own name, to be specified on the request for action in box 4.

It is also possible to appoint an intellectual property consultancy or a UK law firm as legal and/or technical representative (boxes 7 and 8 of the form).

The only condition required for this designation is the obligation to submit technical expertise following the notification of services, written in French. No EORI number or power is required.

For information: the possibility of appointing an intellectual property attorney or a UK lawyer as a representative falls under the national laws of each MS. You will therefore have to contact the customs authorities of an MS to find out the provisions in force.