Operate after Brexit
Sector-specific advice
Sector-specific changes
Following our exit from the EU, Scottish businesses in some sectors now need to obtain authorisations from new regulatory bodies. This may affect your business, particularly if you need to certify, package and label products for export.
Regulatory frameworks have changed
As of 1 January 2021, the UK no longer adheres to EU regulations. This means that businesses now need to obtain authorisations from new regulatory bodies.
A key concern for businesses in the financial services, chemicals, life sciences, creative industries and food and drink sectors in particular is the extent to which the UK continues to align with EU regulatory frameworks as this could affect issues such as the review and certification of products/services as well as packaging and labelling.
The Scottish Environmental Protection Agency (SEPA) can provide support to businesses to help them continue to comply with environmental regulations in the context of EU Exit and Covid-19 issues. This includes the movement and storage of waste between GB/NI, the introduction of the new UK REACH regulations relating to chemicals and the transition to the new UK Emissions Trading Scheme.
Find guidance by country or sector
Find out below how to comply with both local and EU/EEA-wide rules in these areas following the transition period:
- Trade and services regulations
- VAT on sales of digital services
- Establishing and structuring your business
- Business travel and entry requirements
- Social security payments for employees
- Recognition of professional qualifications
- Data transfer and GDPR
Country-specific UK Government advice on providing services after Brexit
Austria: providing services after EU Exit
Belgium: providing services after EU Exit
Bulgaria: providing services after EU Exit
Croatia: providing services after EU Exit
Cyprus: providing services after EU Exit
Czech Republic: providing services after EU Exit
Denmark: providing services after EU Exit
Estonia: providing services after EU Exit
Finland: providing services after EU Exit
France: providing services after EU Exit
Germany: providing services after EU Exit
Greece: providing services after EU Exit
Hungary: providing services after EU Exit
Ireland: providing services after EU Exit
Italy: providing services after EU Exit
Latvia: providing services after EU Exit
Lithuania: providing services after EU Exit
Luxembourg: providing services after EU Exit
Malta: providing services after EU Exit
The Netherlands: providing services after EU Exit
Poland: providing services after EU Exit
Portugal: providing services after EU Exit
Romania: providing services after EU Exit
Slovakia: providing services after EU Exit
Slovenia: providing services after EU Exit
European Free Trade Association (EFTA) countries
The European Economic Area (EEA) includes EU countries plus Iceland, Liechtenstein and Norway. This allows them to be part of EU's single market.
Government guidance for UK businesses on providing services to Iceland after EU exit
Government guidance for UK businesses on providing services to Liechtenstein after EU exit
Government guidance for UK businesses on providing services to Norway after EU exit
Switzerland is neither an EU nor EEA member but is part of the single market - meaning Swiss nationals have the same rights to live and work in the UK as other EEA nationals.
Government guidance for UK businesses on providing services to Switzerland after EU exit
GOV.UK have compiled end of transition period guidance for the aerospace sector.
Top five actions aerospace companies should take to ensure they continue operating after Brexit
1. Visit GOV.UK to find out what new rules you need to follow and use the Brexit transition checker tool to get a personalised list of actions bespoke for your business.
2. Use GOV.UK to identify changes affecting manufactured goods, including new marking requirements or approvals needed to ensure your business is ready to sell in the UK and the EU. Businesses should also visit the Civil Aviation Authority microsite for guidance on how to prepare.
3. Ensure you are ready to make customs declarations. Find out more on our customs page.
4. Check the actions you need to take to ensure you comply with UK REACH, EU REACH and other chemical regulations to continue to manufacture and place chemicals on the GB, NI and EU markers.
5. Ensure you are up to speed with the latest guidance if your business is moving goods into, out of, or through Northern Ireland.
Read the Government guidance on placing manufactured goods on the EU market after Brexit.
GOV.UK end of transition period guidance for the science, research and innovation sector
Top five actions chemicals companies should take to ensure they continue operating after Brexit
1. Visit GOV.UK to ensure you know the new rules you need to follow. You can use the Brexit transition checker tool to get a personalised list of actions bespoke for your business.
2. Check the actions you need to take to ensure you comply with UK REACH, EU REACH and other chemical regulations so that your business can continue to manufacture and place chemicals on the GB, EU and NI markets.
3. Check the new rules on importing and exporting goods between the EU and Great Britain. If you do not comply with the new customs procedures, your business may face delays, disruption or administrative costs when trading goods between the UK and EU.
4. Check if a visa or work permit is necessary to travel to the EU for work purposes, and apply if it is required.
5. The Northern Ireland Protocol has come into force, there are special provisions which only apply to Northern Ireland, so if businesses are moving goods into, out of or through Northern Ireland, they should check the latest Government guidance.
Further guidance
Importing and exporting
Precursor chemicals
Key trade associations
Updated guidance from the Chemical Industries Association following the EU exit
Access guidance specific to the construction sector and the end of the EU transition period (Brexit), compiled by GOV.UK.
Top five actions construction companies should take to ensure they continue operating after Brexit
1. Visit GOV.UK to find out the new rules you need to follow. Use the Brexit transition checker tool to get a personalised list of actions bespoke for your business.
2. Check the new rules on importing and exporting goods between the EU and Great Britain from 1 January 2021. Different rules apply in Northern Ireland.
3. Use GOV.UK to identify changes affecting manufactured goods e.g. new marking requirements or approvals, to ensure businesses are ready to sell in the UK and EU.
4. If you wish to recruit from overseas from 1 January 2021, you must register as a licensed visa sponsor. Find out more information on hiring from the EU.
- Placing manufactured goods on the GB market from 1 January 2021
- Placing manufactured goods on the EU market from 1 January 2021
- Moving goods under the Northern Ireland Protocol
5. The Northern Ireland Protocol has come into force. There are special provisions which only apply in Northern Ireland. If businesses move goods into, out of or through Northern Ireland they should check the latest guidance.
Further guidance
GOV.UK guidance around timber imports and exports from 1 January 2021
Construction Products Regulation from 1 January 2021
Key trade associations
GOV.UK have compiled guidance to help businesses in the digital and creative industries operate after Brexit.
Guidance from GOV.UK is also available for the telecoms and teleservices sector in relation to the end of the EU transition period (Brexit).
Further guidance
Paying VAT when you sell digital services to EU customers after Brexit - GOV.UK
The ecommerce directive after the transition period
Key trade associations
The Department for Business, Energy and Industrial Strategy have included up to date information on GOV.UK for businesses looking to meet climate change requirements after 1 January 2021.
GOV.UK guidance on trading electricity from 1 January 2021
GOV.UK guidance on generating low-carbon electricity from 1 January 2021
GOV.UK guidance on trading gas with the EU from 1 January 2021
GOV.UK guidance on running an oil or gas business from January 2021
Key trade associations
Energy UK - information on the EU exit and European energy affairs
Renewable UK - advice on operating in the renewable energy market after the EU exit
End of transition period Government guidance for the financial services sector
Ensuring your financial or business services company can continue operating after Brexit
It's vital to check if a visa or work permit is required to travel to the EU for work purposes and apply for one if necessary.
Scotland-specific guidance on banking and regulations after the EU transition period (Brexit) can also be accessed on mygov.scot.
Further guidance
Market recognition of professional qualifications
From 1 January 2021 businesses providing services in the EU must ensure qualifications are recognised by EU regulations. If you already worked in the EEA or Switzerland before Brexit, the decision by the relevant regulator to recognise your qualification will remain valid.
More advice on recognition of professional qualifications can be found on GOV.UK.
- Food labelling: giving food information to consumers
- Guidance on the new rules that will affect food and drink businesses from 1 January 2021 from GOV.UK (PDF, 1.9MB)
- What are the main changes to food and drink labelling after Brexit?
- Guidance for food and drink businesses working with the EU after Brexit on GOV.UK
- Export health certificate guidance
Top five actions for UK food and drinks businesses exporting products to the EU from 1 January 2021
- For trade with Norther Ireland, sign up to the Trader Support Service (TSS). TSS is free of charge, and advisors can help guide you through any changes to the way goods will move between Great Britain and Northern Ireland. You should also check whether you're eligible to apply for the UK Trader Scheme or Movement Assistance Scheme (financial support for Export Health Certificate and SPS certificate).
- You will need an XI EORI if you will be moving goods to Northern Ireland.
- Arrange for export health certificates (EHC) or phytosanitary certificates for food products well in advance.
- Be aware that one EHC will not cover different batches of the same product. Transport vehicles with insufficient EHCs will be stopped by customs at ports. Arrange one export health certificate per batch of products on your vehicle transport. For example, you should arrange for one EHC per batch of milk, where there are two batches of milk from two dairy farms, arrange for two EHCs.
- Ensure you are up to speed on new food product identification marks.
You can access guidance on preparing your food and drink business for the end of the EU transition period (Brexit) on GOV.UK.
Read the latest Food Standards Scotland update on the food and drink sector in 2021
Further guidance
- Read specific requirements for food industry exporters and stakeholders to be aware of, plus steps to help them prepare - Food Standards Scotland
- Farming and food production after Brexit - mygov.scot
- EU Exit Food Hub
- DAERA guidance for authorised traders during the three month grace period
Products of Animal Origin (POAO)
- Exporting or moving live animals or animal products to the EU from 1 January 2021 - GOV.UK
- Importing animals, animal products and high-risk food and feed not of animal origin from 1 January 2021
- Export groups of products of animal origin to the EU from 1 January 2021
- Transporting day-old fresh or live seafood and day-old chicks to the EU from 1 January 2021 - GOV.UK
Webinars for exporters of animals and products of animal origin to the EU
Find out more about the new processes and actions that your business must take to ensure that you are ready to continue exporting live animals, fish and products of animal origin to the EU after Brexit, by registering to attend Defra’s new webinar series.
Issues differ from sector to sector and by country, so check UK Government guidance or with your trade body. The resources below should help you find advice relevant to your sector.
Composite food products
Businesses moving goods of animal or plant origin for human consumption from the UK to Northern Ireland will be required to provide an Export Health Certificate on goods movements from 1 April 2021. Imports for products of animal origin will require import pre-notification through IPAFFS and there will be physical checks at the point of destination.
Find out more about about exporting composite food products to the EU from 1 January 2021 on GOV.UK
Excise goods
- GOV.UK guidance on importing and exporting wine from 1 January 2021
- GOV.UK guidance on exporting excise goods to the EU from 1 January 2021
- GOV.UK guidance on importing excise goods to the UK from the EU from January 1 2021
Food and drink legislation from 1 January 2021
- Protecting food and drink names from 1 January 2021
- Explore nutrition legislation information sources on GOV.UK
- Find an export health certificate
- New Government guidance for food and drink producers with ‘geographical indication’
Plants and plant products
- Using the PEACH system to import plants and fresh produce
- GOV.UK guidance on importing and exporting plants and plant products from 1 January 2021
- DAERA guidance on SPS products
Seafood and fisheries
- Using Scotland's export hubs: Important information for fish exporters
- Create a UK catch certificate using the Fish Export Service
- Exporting or moving fish from the UK - GOV.UK
- Importing or moving fish to the UK - GOV.UK
- Commercial fishing, landing and exporting after Brexit - mygov.scot
- Fish Health Inspectorate: Information about imports and exports on www.mygov.scot
- GOV.UK guidance on importing and exporting live aquatic animals from 1 January 2021
- Statutory guidance on how to export wild caught marine fishery products to the EU from 01 January 2021
Watch: Seafood Scotland: Export Health Certificate challenges session
Visit our events page for webinars, including those from Defra and Food Standards Scotland.
Financial support: A new £7.75 million funding package has been announced by the Scottish Government to offer support to fishermen, seafood businesses and ports and harbours threatened by the ongoing effects of coronavirus (COVID-19) and EU Exit.
The UK Government's Seafood Disruption Support Scheme (SDSS) will support small or medium-sized businesses that have experienced a verifiable financial loss during the export of fresh or live fish and/or shellfish to the single market between 1 and 31 January 2021.
Trading with Northern Ireland
Moving goods into, out of or through Northern Ireland
Key trade associations
- Scotch Whisky Association
- Seafish UK
- Seafood Scotland
- Food & Drink Federation Scotland
- Dairy UK
- Quality Meat Scotland
- Agricultural & Horticultural Development Board
- Food Standards Scotland
- NFU Scotland
- Make Innovation Happen
- Scotland Food & Drink
Webinars and training
Defra ran a series of webinars on a number of topics including export health certificate requirements, marketing standards and labelling requirements.
Marine Scotland and Seafish prepared a series of webinars to help seafood businesses prepare for changes to import and export processes for trade with the EU that will come into effect from 1 January 2021. The presentations and Q&A are now available.
GOV.UK features guidance on the steps you need to take for your business to comply with regulations on manufactured goods placed on the GB market from 1 January 2021.
Businesses must comply with new regulations on conformity assessments. This applies when selling goods in both the EU and the UK, you can read more in our Brexit factsheet.
Further guidance
BEIS has published guidance for businesses and organisations contracted or expecting to carry out contracts on space and satellite programmes where the UK will no longer participate after the end of the transition period.
Key trade associations
ADS (Aerospace, Defence, Security and Space industries)
Wood packaging, ISPM 15 compliance and Brexit
After the EU transition period (Brexit), UK businesses will need to comply with ISPM 15 regulations on wood packaging imports to the EU. It's vital you check your packing company and suppliers are compliant with the new rules.
Government guidance on wood packaging goods for import and export
GOV.UK end of transition period guidance for the life sciences sector
GOV.UK end of transition period guidance for the science, research and innovation sector
Essential actions for all life sciences companies to ensure they continue operating after Brexit
1. Check GOV.UK to find out what new rules you need to follow. Use the Brexit transition checker tool to get a personalised list of actions for your business.
2. Check the new rules on importing and exporting goods between the EU and Great Britain. Different rules apply in Northern Ireland.
3. The Northern Ireland Protocol has come into force. There are special provisions which only apply in Northern Ireland so if businesses move goods into, out of or through Northern Ireland they should check the latest guidance.
4. Use GOV.UK to identify changes affecting manufactured goods, including new marking requirements or approvals needed to ensure your business is ready to sell in the UK and the EU. More information is available below:
- Placing manufactured goods on the GB market from 1 January 2021
- Placing manufactured goods on the EU market from 1 January 2021
- Moving goods under the Northern Ireland Protocol
Making import and export declarations can be complicated and requires specialist knowledge. If you do not make customs declarations or if you provide incorrect information, this could mean delays, disruption or additional administrative costs to your business.
Find out more about appointing customs declarations specialists and customs training providers.
Five essential actions for life sciences businesses importing and exporting their products after Brexit
1. Find out if your goods are controlled as this will impact on your operations, planning and processes. Controlled goods include; hydrocarbon oils, biofuels and fuel substitutes, sodium ammonium nitrate fertilisers, toxic chemicals, drug precursor chemicals and medical radioisotopes. A full list of controlled goods can be found on GOV.UK.
2. Hire somebody to help you with importing and exporting goods. This could be a freight forwarder, customs agent/broker, or a fast parcel operator. You can also look into recruiting an in-house logistics team to complete your customs declarations.
3. Ensure you are up to speed on changes to VAT treatment of overseas goods. From 1 January 2021 there is a new model for the VAT treatment of goods arriving in the UK, from outside the UK. This will ensure that goods from EU and non-EU countries are treated in the same way and that UK businesses are not disadvantaged by competition from VAT free imports. Find more information on the changes to VAT treatment of overseas goods on GOV.UK.
4. Find out about import VAT on your VAT Return from 1 January 2021. Discover postponed accounting, this means you will declare and recover import VAT on the same VAT Return.
5. Keep yourself up to date with the new rules affecting import and export goods between Great Britain and the EU from 1 January 2021.
Eight essential considerations for businesses placing a medical device on the UK market after Brexit
1. CE marking will continue to be recognised in the UK until 30 June 2023.
2. Certificates issued by EU-recognised Notified Bodies will continue to be valid for the UK market until 30 June 2023.
3. As of 1 January 2021, the EU no longer recognises UK Notified Bodies.
4. UK Notified Bodies can no longer issue CE certificates (other than for the purposes of the “CE UKNI” marking, which will be valid in Northern Ireland) and became UK Approved Bodies on 1 January 2021.
5. A new route to market and product marking will be available for manufacturers wishing to place a device on the UK market from 1 January 2021.
6. From 1 January 2021, all medical devices, including in vitro diagnostic medical devices (IVDs), placed on the UK market will need to be registered with the MHRA. There will be a grace period for registering; Class IIIs and Class IIb implantables, and all active implantable medical devices and IVD List A products must be registered from 1 May 2021. Other Class IIb and all Class IIa devices and IVD List B products and Self-Test IVDs must be registered from 1 September 2021. Class I devices, custom-made devices and general IVDs (that do not currently need to be registered) must be registered from 1 January 2022.
7. Manufacturers of Class I devices, custom-made devices and general IVDs that are currently required to register their devices with the MHRA must continue to register their devices from 1 January 2021 on the same basis as they do now until the new registration requirements start to apply to those devices.
8. If you are a manufacturer based outside the UK and wish to place a device on the Great Britain market, you will need to appoint a single UK Responsible Person who will take responsibility for the product in the UK.
The Medicines and Healthcare Products Regulatory Agency (MHRA) will take on the EU’s current regulatory functions for medicines and devices in the UK which means it will be the UK’s standalone medicines and medical devices regulator.
Six essential actions medical devices businesses should be taking as soon as possible to ensure they are MHRA compliant
1. Register your business so that you can make submissions to MHRA. This is essential as from 1 January 2021, the Medicines and Healthcare products Regulatory Agency (MHRA) will be the UK’s standalone medicines and medical devices regulator. Businesses that should do this are; all pharmaceutical companies involved in making medicines regulatory submissions and vigilance activities, all medicines clinical trial sponsors wishing to make clinical trial submissions (Initial Applications, Substantial Amendments, End of Trial Notifications and Developmental Safety Update Reports (DSURs)) to the Agency, e-cigarette producers and brokers of medicinal products.
2. If you are a current EudraVigilance gateway user wanting to gain access to the new MHRA Gateway, you will need to first gain access to MHRA Submissions. The steps for gaining MHRA Gateway access are contained within MHRA Submissions.
3. Watch the three guidance videos to learn how to gain access to MHRA Submissions.
4. Keep the guides on gaining access to MHRA submissions and registering to use MHRA Gateway and ICSR Submissions to hand, to help you with the process.
5. Email for help to register your business with MHRA.
6. Read full guidance on GOV.UK.
Medicines and Healthcare products Regulatory Agency has published guidance on:
MHRA guidance on supplying authorised medicines to Northern Ireland from 1 January 2021
European Medicines Agency (EMA) guidelines
European authorities working to avoid shortages in medicines due to Brexit - Q&A paper from EMA (PDF, 157KB)
Batch testing
In accordance with Article 51(1)(b) of Directive 2001/83 and Article 55(1)(b) of Directive 2001/82, the marketing authorisation holder will need to specify a site of batch control in the Union (EEA) where each production batch can undergo upon importation a full qualitative analysis, a quantitative analysis of at least all the active substances and all the other tests or checks necessary to ensure the quality of medicinal products in accordance with the requirements of the marketing authorisation.
Good manufacturing practice
- Manufacturing authorisation holders are obliged to use, as starting materials, only active substances that have been manufactured in accordance with the detailed guidelines on GMP for starting materials
- Active substances for medicinal products for human use shall only be imported in the Union (EEA) if, inter alia, the active substances are accompanied by a written confirmation from the competent authority of the exporting third country which, as regards the plant manufacturing the exported active substance, confirms that the standards of good manufacturing practice and control of the plant are equivalent to those in the Union (EEA)
- The new Union supervisory authority responsible for supervision of manufacturing sites located in UK and third country sites previously inspected by UK will decide, using a risk-based approach, when an inspection of the site(s) concerned will be required, in order to confirm or re-confirm GMP compliance.
- A certificate of good manufacturing practice (“GMP certificate”) is issued to a manufacturer if the outcome of the inspection shows that the manufacturer complies with the principles and guidelines of good manufacturing practice as provided by the Union law.
- While the Union law does not require a Union GMP certificate issued by a Member State for issuing a marketing authorisation or importation of a medicinal product, in practice GMP certificates issued by the Union competent authorities are used to confirm the Union GMP compliance in regulatory submissions (e.g. marketing authorisation applications) and for imports from third countries. This means that GMP compliance of manufacturing sites in third countries may also be confirmed through other means, based on a risk-based approach (e.g. based on information on GMP compliance from third country regulatory authorities). GMP certificates issued by the UK competent authority before 30 March 2019 should therefore be considered as such information on GMP compliance from the third country regulatory authority.
Practical guidance for procedures related to Brexit for medicinal products for human and veterinary use within the framework of the centralised procedure from EMA (PDF, 351KB)
Further guidance
Prepare to export goods from Great Britain to the EU from 1 January 2021 - GOV.UK
Registering medical devices to place on the GB and NI market from 1 January 2021 - GOV.UK
Placing manufactured goods on the EU market after Brexit - GOV.UK
Veterinary Medicines Directorate transition period information hub
Human Tissue Authority regulatory guidance for the end of the transition period
EU funding
Arrangements for EU funded projects, including successful competitive UK bids to Horizon 2020, remained unchanged until the end of the transition period.
More information on Horizon funding from UKRI
GOV.UK guidance on Horizon funding after 1 January 2021
Key trade associations
- Association of the British Pharmaceutical Industry (ABPI)
- Scottish Life Sciences Association (SLA)
- UK BioIndustry Association (BIA) - Brexit portal
- Association of British Health Industry (ABHI)
- Office for Life Sciences (OLS)
- Chemicals Industry Association (CIA)
- Chemistry Council
- Medicines and Healthcare Products Regulatory Agency
- European Medicines Agency (EMA)
- Human Tissue Authority (HTA)
Service businesses supplying to the EU, EEA, or Switzerland from 2021
Selling services to the EU, Switzerland, Norway, Iceland and Liechtenstein - UK Government guidance
Providing services and setting up a business after Brexit
Top five actions professional and service businesses should take to operate after Brexit
1. Visit GOV.UK to find out the new rules you need to follow and use the Brexit transition checker tool to get a personalised list of actions bespoke for your business.
3. Check GOV.UK to find out if a visa or work permit is required to travel to Europe for work purposes. You should only apply if necessary.
4. Be prepared on data protection and data transfers. Visit GOV.UK to check the current guidance on lawfully continuing to receive personal data such as names, addresses or payroll details from organisations in the EU or EEA from 1 January 2021.
5. If your business is planning to recruit from overseas you must register as a licensed visa sponsor. This does not apply when hiring Irish Citizens or those eligible for status under the EU Settlement Scheme. Check GOV.UK for more information.
Further guidance
Guidance on VAT can be found on GOV.UK, our article on Understanding VAT after Brexit, or, using real-life examples from UK business, in the VAT, tariffs and tax section of our FAQs. The Government has also published information on VAT rules for supplies of digital services to consumers.
Essential reading if you are a lawyer planning to work in the EU, EEA or Switzerland from 1 January 2021
Essential reading if you are an auditor planning to work in the EU, EEA or Switzerland from 1 January 2021
Federation of Small Businesses (FSB) guidance for the services sector
Textile labelling has changed. GOV.UK has compiled guidance to help businesses operate following these changes and ensure their goods are compliant with market rules from 1 January 2021:
Consumer goods sector: end of transition period guidance
Footwear labelling from 1 January 2021
Using the UKCA mark from 1 January 2021
Key trade associations
Freedom of movement for UK citizens has come to an end. This may have an impact on your tourism business.
Top three things Scottish tourism businesses can do to ensure they are prepared for 1 January 2021
1. Prepare for changes relating to:
- Travel to the EU for leisure or business
- Hiring staff from the EU
- Data protection and data flows with the EU / European Economic Area (EEA)
2. Access practical, consumer-focused communications about visiting the UK after January 2021 on GOV.UK.
3. Advice for UK nationals travelling to the EU can be found on GOV.UK.
Further guidance
Key trade associations
Visit Scotland: A guide to visiting Scotland after Brexit
Resources
You can share this video with your EU visitors:
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