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Jan 27, 2021
Emma Green, Bird & Bird LLP, United Kingdom
Ciara Hughes, Bird & Bird LLP, United Kingdom
First published at www.twobirds.com

Brexit Update: UK customs enforcement from 1 January 20...


Emma Green, Bird & Bird LLP, United Kingdom, Ciara Hughes, Bird & Bird LLP, United Kingdom, First published at www.twobirds.comHM Revenue and Customs ("HMRC") has provided a long-awaited update on the UK Customs Enforcement process which rights holders and representatives will need to follow once the transition period ends. A new form for UK Applications for Actions (AFAs) has been launched and is available for use now. Whilst the UK AFA form will be familiar to many, there are some key changes and we outline these below. Rights holders should consider their existing AFA protection now, to ensure that there is no lapse in protection after 31 December 2020.
The European Commission's Notice to Stakeholders dated 17 August 2020 clarified the post-Brexit treatment of EU AFAs which form part of the framework under Regulation (EU) No 608/2013. protection after 31 December 2020.
From 1 January 2021 existing EU AFAs filed via an EU27 Customs office will remain valid and enforceable in the EU27 but will cease to have effect in the UK. Further, existing EU AFAs filed via HMRC will remain valid and enforceable in the UK but will cease to have effect in the EU27. Any new EU AFA filed via  read more