When you think you have an agreement with the EU.
They are masters of the art of 'Non Tariff Trade Barriers'. Or simply ignoring agreements, as they did while we were members, and they refused to complete the Single Market in Services.
Dan Richey of Riverfront Packing Company, Florida explained. "We still have this Draconian non-tariff trade barrier imposed upon us by the EU that doesn't allow us to ship to the EU because of their requirements on citrus canker. Every other market we ship into has accepted the fact that it's shown scientifically that canker cannot be spread by fruit. Fruit is not a pathway to spread the disease and the EU refuses to accept this and are in protectionist mode of their primarily Spanish citrus industry". Florida used to ship 9 million cartons a year to the EU. Dan commented, "This year we will ship a total of about 10,000 cartoons and we're the only one shipping. However, I'm not taking the risk any more".
We left the EU with a free trade agreement. EU FTA's are meaningless because the EU finds ways to undo them, while maintaining the tariffs agreed. They did that to the UK (and others) in 2024.
The General Product Safety Regulation (EU) 2023/988 'GPSR' came into force on 13 December 2024. SME manufacturers and traders are badly affected.
As usual with Civil Law, GPSR applies to everything unless it's specifically excluded. A young lady I know makes Bow Ties. She sells all over the world. She used to sell to the EU and Northern Ireland. No more. To continue exporting she, and other small businesses, must comply with the regulation. This requires:
- Appoint a 'responsible economic operator' with an address in NI or the EU/EEA for the goods it is selling there. This is to deal with market surveillance and enforcement processes for goods in these markets.
- Conduct an internal risk analysis of the product and prepare technical documents based upon this.
- Make communication channels publicly available where consumers can make complaints, or receive safety information, about the goods.
- Investigate complaints and maintain internal records for 10 years on the outcomes of those complaints.
- Report accidents caused by the product via the Safety Business Gateway to the competent authorities of the EU/EEA state where the accident took place.
- Specify traceability requirements for certain products, categories or groups of products.
- Let affected consumers know directly about any product recall or safety alert.
- Offer a choice of two remedies including repair, replacement, or adequate refund of the goods covered by any recall.
Of course, you can pay for a service provider. Average price €1,200 p.a. A crippling cost for a small entrepreneur. Of course, mutual recognition should be hardwired into every FTA. Although that would carry dangers for the UK. When I lived in Germany, there were repeated radio and TV warning to not let children play with wall sockets. Two pin socket are dangerous. Our three pin ones prevent a child pushing a wire into the socket and killing themselves.
The fact that the present government is made up of people who have never done a day's real work is not helpful. Worse, the Civil Service is staffed by EUPhiles who see our £92 billion trade deficit with the EU as reasonable payment for having destroyed their dream with a democratic vote.
According to the British Chambers of Commerce, "Even if it (the UK) aligned its legislation with that of the EU, the fact that there are separate market surveillance and enforcement regimes means the issues would still exist". What's the plan? Surrender and rejoin the EU?
Next time you are stuck in traffic behind an EU manufactured vehicle, note the fumes. If we had any serious business negotiators, they'd call the EU in. "We are worried by the exhaust emissions of EU made vehicles. Starting in two weeks, all imported vehicles will have to be tested by our Ministry of Transport. The only station available for that is at the Port of Shoreham and that will now be the only entry point for EU manufactured vehicles. This regulation does not apply to non EU manufacturers". It would take very little time for the Germans to persuade the Politburo to disapply GPSR to the UK. After all, what do we have to lose. We run a £92 billion a year trade deficit with the EU, Elsewhere we have surpluses. We have no reason to pay Danegeld to the Politburo.