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Hauliers rush to get up to speed on UK trade border controls

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The UK government published more than 300 pages of updated advice setting out how the new trade border with the EU will operate just hours before it came into force, leading business groups to plead for leniency in enforcement in the coming months.

The eleventh-hour document published on New Year’s Eve included 70 pages of case histories and complex flow diagrams explaining the new trade processes required to export goods to Europe, including 26 “key steps” for sending fish.

It arrived hours after Boris Johnson was repeatedly challenged in the Commons by opposition leaders over his assertion that his Brexit trade deal with Europe would remove “non-tariff barriers” at the border.

Industry and hauliers that are exposed to EU trade risks have repeatedly demanded clarity from the government over new processes which came into force on Friday. HMRC has estimated trade will entail more than 215m additional customs declarations a year. 

Rod McKenzie, the managing director for policy at the Road Haulage Association said the late release of the documents typified the government approach to communications during the run-up to the new Brexit border coming into effect.

“Traders and hauliers have been continually let down by government communications: late, inadequate, unclear and confusing. This certainly qualifies in the ‘late’ category. Businesses like to plan their logistics not find it’s all left to the very last minute,” he said.

The combination of pre-Christmas stockpiling and some operators staying off the roads until new processes have settled down is expected to minimise immediate problems with trade, but ministers have warned of the risk of disruption in the first three months of 2021 as businesses adjust.

The document sets out in immense detail the new processes that will be required to move goods across the border, which will now include customs forms, export health certificates for animal and plant products and a host of other regulatory documentation.

For fish and shellfish moving into the EU from January 1, the document explains UK exporters will need to register for a GB economic operator, or “EORI” number for processing customs documentation, obtain catch certificates, UK boat registrations and complete export vet-certified EU health certificates to ensure compliance with EU rules.

To ensure the goods are safely received on the other side, the company will need an EU EORI number from the importing member state, a Common Health Entry Document and an entry into TRACES, the EU system for certifying traded animal products.

At the same time the haulier will need to have completed an Entry Summary Declaration in order to pre-declare the inbound consignment with EU customs in whichever is the country of destination — in case of France it is the “SI Brexit” computer system, but each EU member state uses different software.

Once all the paperwork is complete, the haulier must apply for a Kent Access Permit to travel to the Channel ports and can then board the ferry to the EU, assuming the paperwork is found to be correct at check-in. Drivers are notified during the crossing if they must stop for inspection on arrival.

Goods coming from the EU will be subject to controls phased in over a six-month period as part of a unilateral UK measure to try to maintain the flow of traffic and give businesses time to adjust. 

British exporters of food and drink products will be particularly hard hit by the new rules, but manufacturers will also need to comply with a long list of new requirements in order to demonstrate that their products comply with EU rules and are sufficiently UK-made to qualify for zero-tariff entry into the bloc’s single market.

Despite pleas from business group leaders for the deal to include grace periods, the new rules will come into force immediately on the EU side, leading to calls for a flexible approach from the enforcement authorities on both sides of the channel.

Adam Marshall, director-general of the British Chambers of Commerce, said the information had “come quite late in the day” and warned it would take many businesses time to get to grips with the detail.

“Both the UK and EU need to put maximum emphasis on flow across borders in these early months, and ease compliance pressures on businesses wherever they can,” he said. 



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Numis sets out EU ambitions after record results

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Numis has picked Dublin for its new EU office to target European clients cut off by Brexit rules after the London-based broker posted record results for the first half of its financial year.

Numis said initial public offering volumes over the six months to the end of March were at their strongest level “for many years”, helping to more than double revenues in its investment banking division to £82m. The company advised on flotations including Moonpig and Auction Technology Group during the period. 

Overall revenue rose almost two-thirds to £115.4m, while pre-tax profit increased more than fivefold to £39.3m. 

Numis said mergers and acquisitions had also started to recover, driven by domestic and international buyers identifying attractive investment opportunities as the economic impact of the pandemic on the UK market eased. The broker is advising property group St Modwen on a £1.2bn takeover approach from Blackstone announced on Friday morning.

Alex Ham, co-chief executive, said activity for the rest of the year looked strong, with a number of IPOs and deals expected.

Some of these are likely to be European IPOs, despite the fact Numis has been unable to market to EU clients since the UK left the trading bloc. 

Numis has relied on so-called reverse solicitation — in effect, requiring EU clients to approach the broker for help — but plans to open a Dublin office next year to ramp up growth across Europe. Brexit had caused a reduction in institutional income from EU-based clients over the six-month period, it said.

“This is a departure for us in expanding beyond the traditional UK market,” said Ross Mitchinson, co-chief executive. “Dublin is a real focus for us to much better attack the European market.”

Mitchinson said EU regulators were being “tough but fair” about requirements on opening the office. “They want to see a well-capitalised business.”

The UK government and regulators have launched a series of consultations and proposals to deregulate and streamline rules to help British financial services groups after losing easy access to EU markets and clients.

But Mitchinson said these had not made much difference so far to Numis, adding that he did not “see the point” of a recent push to reduce the impact of Mifid II rules on research for small companies. “Institutions will not take a different approach,” he said. 

Numis will move to a new London office in September, which has been reconfigured with additional “Zoom rooms” to reflect the push for more flexible working in a future split between the office and home. 

Ham said he expected Numis staff to aim for two to three days a week in the office, with less need for international travel. But he added that many at Numis would be led by the needs of their clients, rather than any prescriptive working arrangement.

The average market capitalisation of its clients has almost doubled, in part owing to the rebound in the FTSE and a focus on “growth stock” clients such as Asos and Ocado. Numis also stopped working for businesses in the natural resources sector last year — partly owing to environmental, social and governance concerns about mining and oil — but these also tended to be smaller clients.



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Angela Merkel rejects US move to waive patents on vaccines

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Angela Merkel has expressed opposition to the Biden administration’s proposal to suspend intellectual property rights for Covid-19 vaccines, saying it would have “serious implications” for vaccine production worldwide.

The German chancellor said the limiting factors in vaccine supply were “production capacities and the high quality standards, not the patents”.

“The protection of intellectual property is a source of innovation and it must remain so in the future,” she added.

Merkel was responding to President Joe Biden’s top trade adviser Katherine Tai who said that while the US “believes strongly” in IP protections, it would support a waiver of those rules for Covid-19 vaccines.

A waiver would allow any pharmaceutical manufacturer in the world to make “copycat” vaccines without fear of being sued for infringing intellectual property rights.

“This is a global health crisis, and the extraordinary circumstances of the Covid-19 pandemic call for extraordinary measures,” Tai said in a statement on Wednesday.

The US would “actively participate” in negotiations at the World Trade Organization to hammer out the text of a waiver, she added, noting that those discussions would take time given the complexity of the issues involved.

Washington’s proposal has put the EU on the back foot. In recent months the bloc has resisted a push led by India and South Africa within the WTO for a vaccine patent waiver.

The US move received a cool response from Ursula von der Leyen, European Commission president. She said the EU was “ready to discuss” how the proposal could help address the current crisis “in an effective and pragmatic manner”.

But she also insisted the priority was for vaccine-producing countries to lift barriers to exports and address supply chain interruptions.

Von der Leyen contrasted the EU’s approach with that of some allies: “Europe is the only democratic region in the world that exports vaccines on a large scale.” The US, a large vaccine-producing country, has reserved most of its homegrown jabs for domestic use.

The US proposal received a more positive response from Vladimir Putin, who said Russia, which manufactures the Sputnik V vaccine, would support the move. “A pandemic is an emergency situation . . . No doubt, Russia would support such an approach,” the Russian president said.

China’s foreign ministry said it looked “forward to having active and constructive discussions with all parties under the WTO framework in order to reach an effective and equitable agreement”.

Emmanuel Macron, the French president, said he was open to the idea of a waiver of IP rights, but “the reality is that the bottlenecks today are not price, or the patents”.

“You can transfer the intellectual property to pharma companies in Africa but they have no platform to make mRNA vaccines,” he said.

The idea of a waiver is also opposed by BioNTech, the German start-up whose joint venture with Pfizer brought the first messenger RNA-based vaccine to the market. The company said it would not ease current supply shortfalls and warned of the risks of opening up manufacturing to producers with no mRNA experience.

“Together with Pfizer, we are also working with various organisations to support the supply of vaccines to populations worldwide. And we will continue to provide low or lower middle-income countries with our vaccine at a not-for-profit price,” BioNTech said in a statement on Thursday.

“However, patents are not the limiting factor for the production or supply of our vaccine . . . The manufacturing process of mRNA is a complex process developed over more than a decade.”

Stéphane Bancel, Moderna’s chief executive, said the vaccine makers would have vastly expanded their capacity before any new players could make a real difference to supply. 

“If you were to start today, you’re going to have to start by hiring people. Those vaccines don’t fall from the sky,” Bancel told the FT US Pharma and Biotech Summit on Thursday. “There is no mRNA industry . . . When we hire people that come from traditional pharma, we have to train them in the art of mRNA.”

Matthias Kromeyer, a general partner at the venture capital firm MIG, one of BioNTech’s earliest investors, said a patent waiver would discourage future investments in the sector.

“If the US/EU/WHO suspend patent protection, they will lose a lot in the long run — namely the willingness of private investors to invest in such companies, many years before it is clear whether their technologies will succeed or not,” he said.

“This would mean the collapse of an entire industry that has just demonstrated it is the only one that can deliver a sustainable solution for this global medical, economic and social crisis. Without private investors, this innovative power will no longer exist in the future — what will we do then?”

The chief executive of Bristol Myers Squibb described the US government’s support for waiver as “very concerning” during an interview at the FT US Pharma and Biotech Summit on Thursday.

“Our industry depends on intellectual property protection in order to invest in R&D and make the investments needed to address crises like Covid,” Giovanni Caforio said. “The developments of the past 24 hours are very concerning and disappointing.”

As well as being important during the coronavirus crisis, Caforio said that IP protection is “critical for some of the areas of higher medical need where BMS invests like cancer care”.

Additional reporting by Leila Abboud in Paris

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UK ends damaging post-Brexit clash over status of EU envoy

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UK foreign secretary Dominic Raab has finally ended a corrosive diplomatic dispute over the status of the EU’s ambassador in London, a stand-off that had added to post-Brexit tensions.

Raab had previously refused to grant João Vale de Almeida full diplomatic status after Brexit took effect on January 1, arguing the EU was an “international organisation” not a state.

Brussels retaliated by shutting Britain’s head of mission to the EU, Lindsay Croisdale-Appleby, out of key meetings with EU officials, adding to Brexit tensions on trade and Northern Ireland.

But on Wednesday the issue was settled after a meeting between Raab and Josep Borrell, the bloc’s foreign policy chief.

Officials briefed on the deal said Vale de Almeida would now receive the same diplomatic recognition as his counterparts in EU missions in all other world capitals, including Washington and Beijing.

In a joint statement, issued at a G7 meeting in London, Raab and Borrell said they had reached an agreement based on “goodwill and pragmatism” on an establishment agreement for the EU delegation to the UK.

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While Vale de Almeida will enjoy full ambassadorial status, British officials said Raab had secured a deal “which gives us some of what we want” regarding the legal situation of EU staff in London.

EU officials will enjoy a largely similar status to other diplomats but with some downgrades: notably, under the agreement, they will not have immunity from prosecution for road traffic accidents.

Raab insisted on this carve-out following the death of Harry Dunn, a British motorcyclist killed in 2019 in a collision with a vehicle driven by Anne Sacoolas, the wife of a US diplomat. She returned to the US claiming diplomatic immunity. 

But many British diplomats were dismayed at how long it had taken to resolve the dispute. “It was a stupid thing to do in the first place and we’ve had to back down,” said one former ambassador.

The diplomatic rapprochement was hailed in Brussels as a sign of a “new cycle” in UK-EU relations following the European parliament’s formal ratification last month of the trade deal between the two sides, which took effect on January 1.

There has also been a thawing in relations over the management of tensions in Northern Ireland, as London and Brussels look for ways to soften border checks on goods coming from the British mainland to the region.

Vale de Almeida will now get to present his diplomatic credentials to the Queen — an honour not available to the heads of international missions.

Boris Johnson has never recognised the EU as equivalent in status to a national government but Number 10 insiders insisted that the Foreign Office — not the prime minister — was responsible for the diplomatic dispute.

Meanwhile, Ireland and the UK announced plans for the first meeting in two years of the British-Irish Intergovernmental Conference, a structure created under the 1998 Good Friday Agreement for the two countries to liaise on issues around Northern Ireland. 

“We are aware that there are sincerely held concerns in different communities in Northern Ireland in relation to a number of issues and firmly agree that the best way forward is through dialogue and engagement,” said Northern Ireland secretary Brandon Lewis and Ireland’s foreign affairs minister Simon Coveney in a joint statement after they met in Dublin on Wednesday afternoon.

The meeting will take place in June, ahead of the July marching season in Northern Ireland, which could inflame tensions between unionists — who feel that their region’s status in the UK is under threat from post-Brexit trading arrangements — and nationalists, who are pushing for a vote on a united Ireland. 

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