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Further information for companies

08.04.2019 - FAQ
  • The Federal Ministry for Economic Affairs and Energy provides extensive information for companies to help them prepare for Brexit. You will find important questions and answers relating to areas falling under the remit of the Federal Ministry for Economic Affairs and Energy here.
    You can reach the Brexit hotline of the Federal Ministry for Economic Affairs and Energy on +49 (0)30 340 6065 61 and via the following email address: brexit@buergerservice.bund.de
  • The Federal Ministry of Finance provides information on the impact of Brexit on the financial market and customs as well as on tax issues in connection with Brexit on its webpage dedicated to Brexit.
  • The Federal Ministry of Justice and Consumer Protection provides information regarding the impact of Brexit on patent, market, bankruptcy and company law as well as consumer protection.
  • Further information about transport can be found on the website of the Federal Ministry of Transport and Digital Infrastructure.
  • The Federal Ministry of Food and Agriculture has compiled questions and answers concerning food and agriculture.
  • Trade associations also provide information. For example, the Federation of German Industries has published a compendium of comprehensive guidelines and practical questions to help companies prepare for Brexit.
  • The Association of German Chambers of Commerce and Industry has adopted a similar approach by publishing a Brexit checklist.
  • In order to compile the concerns of the German business sector and to cover as many relevant issues as possible in a single reference book, a number of German trade associations have drawn up a “Brexit compendium”.
  • The European Commission also provides extensive information on preparing for Brexit.
  • The European Commission has launched a campaign covering all business sectors to encourage companies to prepare for a no-deal Brexit.
  • The European Commission’s Brexit Checklist for traders for companies operating in the EU
  • Customs guide of the Commission/Directorate-General for Taxation and Customs Union.
  • The REACH Helpdesk provides information on the impact of Brexit for companies marketing chemical substances in the EU or the EEA.

FAQ

As of the UK’s withdrawal from the EU, import duties (customs, import turnover tax and excise duties) must be levied on goods traded with the UK as, under customs law, a third country and customs formalities taken into account. Customs will also be tasked with carrying out identity and baggage checks for travellers as nationals of third countries.

A crucial point to bear in mind is that the customs administration has experience of dealing with goods from third countries. However, it is to be expected that more processing and checks will be needed at times. The work of the customs authorities, particularly at the main international ports and airports that also serve as hubs for international postal and courier services, will thus be scaled up as required.

The German Government has passed a law creating tax regulations to cushion undue hardship following the UK’s withdrawal from the EU. It also provides for transitional regulations for the financial market sector aimed at preventing a detrimental impact on financial stability and insurance holders in Germany.

You can find further information here.

For German companies that were set up in a British legal form, particularly that of a private company limited by shares (Ltd.), a simplified option for changing the company into another legal form in a regulated manner has been created for a transitional period. The aim is to prevent undue hardship. The law entered into force on 1 January 2019.

As things currently stand, the quotas of the Member States as set out in the 2019 TAC and quota regulation will be maintained. There is, however, no automatic right of access to UK waters. The available quotas for EU fishermen can therefore currently only be used in the EU part of the quota area concerned after Brexit. By the same token, UK fishermen would no longer enjoy automatic access to EU waters following a withdrawal of the UK from the EU without a deal.

Imports of fish and fishery products from the UK will be subject to the same customs duties and formalities as imports from third countries. In addition, the provisions of Council Regulation (EC) No. 1005/2008 apply, according to which all imports from third countries must be accompanied by a catch certificate proving the legality of the origin of the fishery products. This catch certificate must have been validated by the UK authorities. The fishery products must have been produced in accordance with the relevant conservation measures.

Further information can be found on the website of the Federal Ministry of Food and Agriculture.

The European Commission provides extensive further information to help those affected by Brexit to make their own preparations.

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