How Will the New Veterinary Border Between the EU and UK Affect Traders in SPS?
A new veterinary border will be implemented between the EU and the UK from 31 January 2024, when import controls in the area of SPS are enforced. This article explains what is changing and how traders can prepare for it.
The new approach to SPS controls is set out in the 2023 UK’s Border Target Operating Model (BTOM), which, broadly has three aims:
· maintain border biosecurity
· minimise trader burdens and
· remain aligned with international standards.
Imported goods may carry risks that need to be controlled to protect the biosecurity of Great Britain and the United Kingdom. The risk varies across commodities. For permitted imports that require a Health Certificate, the certificate sets out the requirements to mitigate the risk.
From 31 Jan, any failure in compliance with biosecurity controls, also referred to as Sanitary and Phytosanitary (SPS) controls, could lead to the consignment from EU/EFTA countries being rejected and destroyed with no compensation.
Sometimes the consignment may be returned if the exporting country allows it.
Which products are concerned by the new SPS controls and the UK Veterinary Border?
The new UK SPS controls affect the imports of
live animals,
germinal products,
products of animal origin,
animal by-products,
plants and plant products.
DEFRA believes that "Risk categorization for SPS products" is key to making the UK veterinary border a reality
These have now been categorised as
with controls appropriately weighted against the risks posed both by the commodity and the country of origin.
What will change on 31 January 2024?
From 31 January 2024, EU/EFTA SPS documentary checks commence.
So-called “Low-risk” animal and plant product imports will not be subject to regular checks at the border, and will not require health certificates.
They will only require pre-notification on IPAFFS (see later).
In contrast, “medium-risk” animal or plant products imports will be subject to some levels of physical and ID checks. “Medium” and “high-risk” commodities, including composite products “High-Risk Products of Non-Animal Origin” (HRFNAO) will also need “Export Health Certificates” or “Phytosanitary Certificates” (PC) issued by the competent authority in the country of export. EHCs are available in model form on Customs Manager. INFO.
Note that EU and Rest of the World (RoW) exporters need to have EHC or PCs completed and certified by a local vet/authority to enter the UK from 31 January 2024.
Digitalisation
The UK government aims to digitalise these Export Health Certificates (EHCs) in the future and the work has already started.
Simplification 1: Groupage
There are possible simplifications where different commodities are sent together in one means of transport, e.g. a truck. This includes Single Consignment and Mixed Load. Mixed loads means Combining products of the same commodity type (e.g., cheese and butter, both dairy) under one health certificate and transporting them together. This would allow combining various SPS commodity types (e.g., dairy and meat products) on the same transport, each with its health certificate. This method can also include a mix of SPS-controlled and non-SPS goods.
Simplification 2: Trusted Trade Schemes
In parallel, the UK is considering “Trusted Trader Schemes” for UK businesses. This allows authorised importers of plants; plant products and certain animal products may be eligible for facilitations to make importing easier. To qualify they will need to provide enhanced assurances and evidence that they are meeting the regulatory requirements and standards – and these are currently running.
30 April 2024
The next key deadline to remember is 30 April 2024. This is when SPS goods imports will usually need to enter GB via a port of entry with a border control post designated for the type of commodities in the consignment.
Step-by-Step Guide Through The New Veterinary Border of the UK
1. Collect Information
Regardless of the risk category of the products, the GB importer will, at the outset, be required to make an entry notification before the arrival of the goods. This means that the importer needs certain information from the exporter/supplier such as:
Commodity information: including commodity code, description and species, weight (net + gross) packing information and processing information.
Geographical information: including country of origin, the country of consignment, GB port of entry and destination address.
The date and estimated time of arrival at the port of entry
Transport information including mode of travel for the consignment and identification details for the transport such as vessel name or trailer ID.
Contact details for the consignor (person/company sending the consignment to GB), the person responsible for the consignment once it arrives in GB and the consignee (the person/company receiving the import in GB if different from the responsible person).
Supporting documentation such as an export health certificate (high and medium risk products only), commercial invoice, waybills or bill of lading etc.
The exporter or supplier will be required to assist in providing this vital information without which no importation can take place.
2. Understand your product category
The new UK SPS controls affect the imports of live animals, germinal products, products of animal origin, animal by-products, plants and plant products. This also affects so-called “composite products” and High-Risk Goods of Non-Animal Origin (HRFNAO). It is, therefore, very important to understand what type of category your products fall into, as this will determine the next steps. Categories include, for example, Live animals, germinal products and live aquatics, Products of animal origin (POAO) including Composite products, fishery products and Gelatine, collagen and highly refined products and Animal by-products (ABP). For plants, it matters if the plants are for planting, Tubers or Seeds of certain species.
3. Risk Categorization
Next, the EU suppliers of products need to identify the risk category of their products this will give you the information on the requirements they have to follow. It is really important to find the risk category of the product you are importing - this will give you the information on the correct import process you need to follow and that you only follow the process that is appropriate to the product.
There are two ways to find this information, one is through the summary tables and the second is a spreadsheet where you can put in the commodity code and it will return the risk category. Both methods are described on Customs Manager.INFO by clicking here.
4. Get an Export Health Certificate (EHC) or a Phytosanitary Certificate
If the product is low risk, pre-notification is the key and most important action to focus on. You do NOT need to get an EHC and you can move to the next step.
However, if the product is medium risk, it will need an export health certificate produced in TRACES or other national systems. The supplier needs to contact their local competent authority, e.g. a veterinary officer, for information and a discussion on how they will be providing export health certificates to the exporter/supplier. Check your supplier can provide a health certificate if their product is in the medium-risk category. In the case of plants, a phytosanitary certificate is needed.
If the product is high risk, it will continue to need an export health certificate produced in TRACES or other national systems. There is a 100% document, ID and physical inspection check. There requirement to keep pre-notifying and obtaining an Export Health Phytosanitary Certificate before entry into GB. As noted before, from 30 April 2024, controls will no longer be Places of Destinations (PoDs). Non-EU goods will still be subject to border checks at Border Control Posts (BCPs) or Control Points (CPs)
In the EU, the EU exporter likely creates a GB health certificate as a verifiable PDF using TRACES (or another EU/EFTA Member State system). In this case, they will not need to send the original (paper) health certificate with the consignment. However, the UK importer of the goods must receive the official, verifiable PDF certificate once it has been signed by the competent authority. This is mandatory as no IPAFFS import notification can be completed otherwise. If the exporter does not use a verifiable PDF, the competent authority must send the original paper GB health certificate with the consignment and send you an electronic copy to attach to your import notification in IPAFFS.
Details on how to complete a GB Export Health Certificate (for food, feed of animal origin) or a Phytosanitary Certificate can be found on Customs Manager.INFO by clicking here.
5. File Your Pre-Entry Notification in IPAFFS
Next, the UK Importers need to use the import of products, animals, food and feed system (IPAFFS) to create and submit an import notification. Their format will follow this of the Common Health Entry Document (CHED) import notification format that many know from using the EU’s TRACES. Don’t forget that the IPAFFs reference number must be mentioned on the customs declaration in CDS, too.
Details on IPAFFS here.
6. Identify your border control locations
You will need to identify your border control posts to reroute the shipment there for inspection if controlled. Find them here:
Top Tips
Responsibility - to prevent delays, businesses must understand their compliance needs:
Understand risk categories and health certificate requirements.
Consider options for transporting goods, such as consolidation hubs or multi-pickup methods.
Get to know how to file and IPAFFS notification - or get us to help you.
Seek advice from the competent authorities in the exporting country as needed.
o Schedule a free expert call with your experts on Customs Manager (www.customsmanager.org -> Book Expert Call)
Conclusion & Takeaway
Starting 31 January 2024, a new veterinary border will be implemented between the EU and the UK, implementing import controls in the area of Sanitary and Phytosanitary (SPS) controls. The new approach aims to maintain border biosecurity, minimize trader burdens, and align with international standards. Imported goods may carry risks that need to be controlled to protect the biosecurity of Great Britain and the United Kingdom. From 31 January, EU/EFTA SPS documentary checks will commence, and from 30 April physical controls at border control posts.
UK importers must collect information from exporters and suppliers, including commodity, geographical, port of entry, transport, contact details, and supporting documentation. They must identify the risk category of their products, obtain an Export Health Certificate (EHC) or a Phytosanitary Certificate (if the product has a medium to high risk), and file their pre-entry notification in the import of products, animals, food and feed system (IPAFFS). To avoid delays, businesses must understand their compliance needs, consider transport options, seek advice from competent authorities, and schedule expert calls with the Customs Manager. The process is essential for ensuring proper importation of SPS goods and compliance
Need Help? Here are four ways we can help you with SPS rules and the veterinary border
Book a free expert call with Customs Manager Ltd. Your SPS experts are standing by. Visit www.customsmanager.org -> Book Expert Call (top right corner)
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Consider using our IPAFFS Filing and EHC Support service. See here for details.
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