‘Clear increase in costs, paperwork and border delays’ for UK business since Brexit not helped by repeated delays to new import regime, say PAC

In a report published today the Public Accounts Committee says that since the end of the transition period on 31 December 2020, UK trade volumes been suppressed by the impact of COVID-19 and wider global pressures “but it is clear that EU exit has had an impact, and that new border arrangements have added costs to business”.  The PAC has “repeatedly raised concerns about the impact of changes to trading arrangements on businesses of all sizes and we remain concerned”.  

If cross border passenger volumes, that have been at a fraction of normal levels because of COVID-19, recover as may be expected during 2022 “there is potential for disruption at the border”, exacerbated by “further checks at ports as part of the EU’s new Entry and Exit system” and especially at ports like Dover where EU officials carry out border checks on the UK side. 

The EU introduced full import controls at the end of the transition period. The UK government originally intended to do the same but has delayed three times over the last year and officials could not give a “complete assurance that it would not do so again”. Much remains to be done to introduce import controls, and in particular to ensure that traders and hauliers across the 27 EU member states are ready as the controls are phased in. 

The Committee calls government plans to create “the most effective border in the world” by 2025 a “noteworthy ambition” but “it is optimistic, given where things stand today” and the PAC is not convinced by the plan to deliver it.

Dame Meg Hillier MP, Chair of the Public Accounts Committee, said: “One of the great promises of Brexit was freeing British businesses to give them the headroom to maximise their productivity and contribution to the economy – even more desperately needed now on the long road to recovery from the pandemic. Yet the only detectable impact so far is increased costs, paperwork and border delays.

“The PAC has repeatedly reported on Brexit preparedness and at every step there have been delays to promised deadlines. It’s time the government was honest about the problems rather than overpromising.

“In our view, there is much more work that Government should be doing in the short term to understand and minimise the current burden on those trading with the EU, to address the immediate delivery and readiness risks in introducing import controls, and to have a border in place which is operating effectively without further delays or temporary measures.”

PAC report conclusions and recommendations

7.           The new border arrangements have yet to be tested with normal passenger volumes and may be further challenged when the EU introduces requirements for biometric passport checks. Passenger volumes, since the new border arrangements were introduced at the end of the transition period, have been a fraction of pre-pandemic levels. With closer to normal passenger volumes and the EU’s planned introduction of its new Entry and Exit System to enter the EU expected in 2022, there is a risk that it will take longer to process passengers travelling from the UK to the EU.  This is a particular risk at the juxtaposed controls, such as Dover, where EU officials carry out border checks on the UK side of the border and where queues might build up in the UK. The Home Office is in conversation with the French authorities about how they might operate the new controls without causing queues but those conversations are at an early stage. It is important that the checks that will apply to HGV drivers do not delay throughput of the lorries.  

Recommendation: Government must set out its scenario planning and modelling for passenger volumes in 2022 and clarify how it will manage the increased pressures and any contingencies that may be required, including those relating to new EU Entry and Exit System requirements at juxtaposed controls. Government should write to the Committee, within six months, to provide an update on its scenario planning and whether its 2022 modelling has proved accurate, with particular emphasis on HGV drivers.  

8. The new controls in place over the movement of goods from the UK to the EU have created additional costs for businesses and affected international trade flows. It is not yet clear to what extent the declines in UK trade with the EU since the end of the transition period have been caused by EU exit, or by the COVID-19 pandemic. What is clear is that UK businesses face additional administration and cost when trading with the EU. For example, traders may have to pay an intermediary to help them complete customs declarations and traders in sanitary and phyto-sanitary (SPS) goods selected for physical inspections will have to pay fees to both government and the port. Traders may also need to pay tariffs if their goods do not meet “rules of origin” requirements and there are internal costs associated with complying with the additional requirements. In 2019, HMRC estimated that complying just with new customs rules could cost UK and EU businesses £15 billion per year. HMRC told us in November that it has not updated its 2019 estimate, but that there are indications that the costs to businesses will be less than that estimate. 

Recommendation: To minimise the costs to business as far as possible, government should: i) undertake a comprehensive exercise to identify and quantify the additional costs the business community and border stakeholders face as a result of new border requirements; and ii) identify opportunities to reduce costs and administrative burden to traders. Government should set out what progress it has made on these points in its Treasury Minute Response.  

9. More could be done by Government to ensure small and medium sized enterprises (SMEs) are prepared to face the additional costs and administration required by new border requirements. In preparing for the end of the transition period government provided a range of support to help UK businesses prepare for new EU controls. This included targeted support to the 10,000 higher-value businesses which had previously only traded with the EU. Some support was provided to SMEs, including the £20 million SME Brexit Support Fund, but narrowly defined criteria meant that many businesses could not access this support and only £6.7 million was paid out. In its preparations for full import controls, HMRC is focusing more on preparing small businesses but acknowledged that it would be challenging for a small business to learn customs procedures and that most would be reliant on an intermediary. The government has also set up the Export Support Service, which brings together different departments to provide support to UK exporters, in particular smaller businesses. It is important that SMEs are not deterred from exporting because of the difficulty of complying with regulation. 

Recommendation:  In its Treasury Minute response, Government should identify what issues businesses are facing in relation to the new border requirements and in particular determine how they can provide SMEs with additional support, both through existing mechanisms, including customs intermediaries, and new methods of targeted support. Government should write to the Committee, within six months, to provide an update on what measures have been taken to support SMEs. 

10. Government intends to introduce full import controls in phases from January 2022, but much work remains to be done. The UK originally intended to introduce import controls on goods entering Great Britain from the EU when the transition period ended in January 2021. The government has delayed introducing these controls three times and now intends to introduce them in phases between January 2022 and November 2022. Departments have made progress towards introducing the systems, infrastructure and staff necessary but there is still much to be completed. For example, currently, the Import of Products, Animals, Food and Feed System (IPAFFS) for SPS checks cannot communicate with the Goods Vehicle Movement Service (GVMS) system to tell hauliers where they should go if the goods they are carrying are selected for SPS checks.  In addition, some of the staff and infrastructure required for the implementation of import controls are not yet in place. The British Port Authority, told us that it requires greater clarity from government regarding the charging regime that government intends to implement to cover the operating costs at its inland sites and on the actual arrangements for undertaking checks at ports, such as the percentage of products that will be checked. 

Recommendation: Alongside the Treasury Minute, Government should write to the Committee setting out what it has delivered so far and its plans for ensuring that it delivers: i) key systems requirements, including links between systems such as IPAFFS and GVMS; ii) staff and infrastructure requirements; and iii) clarity to ports on the charging regime at government-owned inland sites and the volume of checks that it expects to undertake on goods moving through ports. 

11. There is more to be done to ensure that traders and hauliers across the 27 EU countries are prepared for UK import controls. Departments have consistently rated a lack of trader and haulier readiness for new border controls as a high risk to the operation of the UK border after the end of the transition period. UK traders have been dealing with EU import controls since January 2021 and the Cabinet Office was very positive about the extent to which UK hauliers, logistics companies and traders had adapted to them. The focus now is on EU trader and haulier readiness for UK import controls when they are imposed throughout 2022. HMRC told us that 85% of the value of UK imports from the EU are made by large traders who also trade with the rest of the world and it was therefore focusing on ensuring the remaining 15% - around 90,000 traders – that are less familiar with international customs procedures are aware of what they need to do. HMRC has a high level of confidence that traders will be ready for 1 January 2022, but said EU hauliers were at a lower level of readiness. Improving readiness in 27 countries is significantly more challenging than improving it in one, and we share others’ nervousness about the state of EU trader readiness for the controls to be introduced throughout 2022 and the lack of visibility and metrics on this. 

Recommendation: In its Treasury Minute response, Government should set out departments’ assessment of EU trader and haulier readiness, to determine whether any intervention by either itself or the EU may be required; and set out any plans for additional support. 

12. Government’s arrangements for goods arriving from the EU is untested and could be exploited, increasing regulatory and fiscal risks. Governments operate import controls for several reasons including: to ensure goods meet relevant standards; to prevent smuggling and illicit activity; and to comply with international obligations. Defra is introducing pre-notification in advance of physical checks and may take a pragmatic approach as people learn the system. HMRC accepted that the sooner import controls are implemented, the better its ability will be to manage fiscal risks and was confident that controls can now be stepped up without disrupting flow. We are less confident, however, and share concerns that many companies are still not fully aware of all the new requirements, for example around rules of origin, and it will take time for them to get up to speed. We also note the potential risks caused by delays putting in place the necessary permanent infrastructure: for example, until the Dover White Cliffs site becomes operational in 2023 trucks arriving in Dover that are carrying goods selected for physical checks will have to travel 60 miles to Ebbsfleet. The further the inland sites are from the ports, the greater the risk that goods could be offloaded on the way. HMRC agreed it would be ideal to have the infrastructure at the port itself and goods controlled at the port but said that it was not possible. It told us it was looking at what surveillance it would need to manage those risks.

 Recommendation: Alongside its Treasury Minute response, Government should provide the committee with its assessment of the fiscal and regulatory risks for imports from EU-GB and set out how it will minimise any potential gaps in the temporary arrangements it intends to operate until all its planned permanent infrastructure is in place.

13. Government’s ambition for the UK to have the “world’s most effective border by 2025” relies on cross-government digital programmes, in which it does not have a good track record. In December 2020 the government published its strategy to put in place the “world’s most effective border” by 2025, this set out the government’s strategic objectives and target operating model for the border at a high level but does not contain any significant detail about the delivery plans underpinning these. To support delivery of the strategy, the October 2021 Spending Review provided £838 million to deliver critical customs IT systems and £180 million to deliver a single trade window. HMRC considers these investments should make it easier for traders by making the system simpler and ensuring they only have to submit information once. Defra is also working on a range of digital solutions to reduce burdens on traders. While departments did well putting in place the initial IT capability needed for January 2021, government does not generally have a good track record delivering large-scale IT projects, as illustrated for example in our recent report on Challenges in implementing digital change. HMRC also needs to migrate all users from its existing customs system to the new Customs Declaration Service (CDS). Completing this migration will be challenging given that, by October 2021, only 42 of 5,000 users had moved across. HMRC expects to see a big increase in traders migrating after January, once they have adapted to the introduction of import controls.

Recommendation: Government should write to the Committee, within six months, setting out the timetable for its planned programme of work to create the world’s most effective border by 2025, and the key risks it will need to manage in taking this forward. 

14. Businesses have faced challenges operating under the Northern Ireland Protocol which need to be resolved. Both the UK and EU have recognised that there are issues with the implementation of the Northern Ireland Protocol. The Cabinet Office told us that the results of its monitoring of the impact of the Protocol had been very concerning and had revealed considerable diversion of trade. The government is also concerned that the Protocol does not have support among significant parts of the Northern Ireland community. Although the UK government reserves the right to trigger Article 16 safeguards if required, it is seeking a comprehensive negotiated solution. The UK set out its proposed changes to reduce checks required under the Protocol in a July 2021 Command Paper and the EU has also put forward some proposals, including some new suggestions they had previously rejected. The two sides remain in negotiations. 

Recommendation: Government should continue its efforts to resolve the challenges of the Protocol and ensure that departments are ready to put any negotiated outcome into operation, and that it has prepared for any contingencies which may be required if an agreement cannot be reached between the UK and the EU. Alongside the Treasury Minute, it should write to the Committee to update on the state of negotiations and the operational implications. /ENDS