What’s different between EUTR and UKTR for timber importers?

• EUTR: currently if your business is based in the UK, and you are placing timber/timber products on the EU marketplace for the first time (i.e., imported from the rest of the world) you need to complete a risk based due diligence process to assess the likelihood that the products you are importing are legally traded from the forest of harvest to the point where you are clearing them through customs. You are in an Operator relationship with your supplier. If you are buying products that are already on the EU market place you are in a Trader relationship with your supplier. 
• UKTR: from 1st January 2021 if your business is based in England, Scotland, or Wales UKTR replaces EUTR and you need to add the all EU member states to the list of exporting countries where the products you purchase require risk based due diligence. So on that date your relationship with your EU suppliers changes from Trader to Operator.

What happens if my business is based in N. Ireland and I’m importing products directly from the EU, the rest of the UK and the rest of the world?

• Once the custom union ends, it’s different for N Ireland than for England, Scotland and Wales. From 1st January 2021 you treat your EU suppliers as still being in a Trader relationship and your rest-of-the-world suppliers as Operators. Nothing changes there. What does change,  however is your trading relationship with England, Scotland and Wales. They are treated just the same as the rest of the world and you must satisfy the needs of an Operator relationship ie – run those products through your due diligence system.

What happens if my business is based in England, Scotland or Wales and I then move products to N Ireland?

• From 1st Jan 2021 whatever entity is receiving the timber products in N Ireland is going to have to run them through their own EUTR due diligence process. Even if it’s one of your own business outlets that’s operating in N Ireland. And even if you’ve already completed UKTR due diligence on them before moving the products to N Ireland.

What happens if my business is based N Ireland and I then move products to England, Scotland or Wales?

• From 1st Jan 2021 you can move the products to England, Scotland or Wales without any paperwork or due diligence.

Chris Meadows, TRG Technical Knowledge Manager

Will there be a Free Trade Agreement?

• The negotiation of a Free Trade Agreement between the UK and EU is continuing, however it is increasingly unlikely that a deal can be reached in time for the 1st January 2021. The trade deal could include mutual recognition of product safety legislation such as the toy or electrical safety legislation.

Improving product safety?

• One frustrating point is the amount of resources (from manufacturer, retailer and enforcement authorities) that is being focussed on updating marking and paperwork. This resource could be  focussed on improving product safety. The current uncertain environment could also create the opportunity for unscrupulous traders to sell unsafe products.

How will the new regulatory regime be enforced?

• It’s likely that UK enforcement will take a pragmatic approach to enforcing UK specific legislation, however the lack of time to transition to the new requirements will undoubtedly cause discrepancies. This should be taken into consideration when defining your compliance strategy. 
• Products being sold into Europe & Northern Ireland still need to comply with EU legislation and enforcement will remain the same.

How quickly will regulations diverge?

• Regulatory divergence will hinge on a trade deal or lack of. In the short term there will be some minor differences. Over time, the divergence is likely to increase, however there should be more defined implementation timeframes giving businesses time to adapt. 

Should the UKCA mark be applied to products now?

• This will depend on the particular retailer’s attitude to risk and ability of the supply chain to adapt to the new marking requirements. Changes to the UKCA marking may be possible now for some retailers, for others it might be more pragmatic to apply the UKCA mark after 1st January – when there should be more certainty.
• The UKCA mark does not apply in Northern Ireland, the CE marking can continue to be used – or the new UKNI mark. 

Latest government guidance on;

• Placing Manufactured Goods on UK Market
• UKCA / UKNI Marking 

Chris Meadows, TRG Technical Knowledge Manager