UK: SPS Animal Food Controls from 31 January 2024 (TOM) - Details
- Arne Mielken
- Aug 30, 2023
- 8 min read
Updated: Sep 2, 2023
The United Kingdom announced that the post-Brexit border SPS Animal Food checks are to be delayed until 2024. We looked at the final Target Operating Model (TOM).
Content
I Executive Summary
II New Timeline of 2024 SPS control implementation
III SPS Animal Food Controls: Levelling the Playing Field?
IV Why delay SPS controls in the final TOM?
V. What do food businesses in the UK say about the delay?
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I Executive Summary
What happened?
The government of the United Kingdom revealed on 29 August 2023, with the publication of the final Border Target Operating Model (TOM) that it will be delaying the installation of new post-Brexit SPS border checks on food made of animal products and certain plant products that are being imported from the European Union. This will be a fifth delay. The new rules will come into force from 31 January 2024.
Prior speculation about a delay of SPS controls
The Financial Times reported in late August 2023 that Chancellor Jeremy Hunt had given his assent for the postponement of the implementation of SPS Border Controls until 31 January 2024. If there had been no delay, fresh, chilled, or frozen beef imports into the UK from the EU would have needed to be signed and stamped Export Health Certificates (EHC) beginning on October 31, 2023. This was done out of concern that an increase in border red tape may result in an increase in inflation.
II New Timeline of 2024 SPS control implementation
Prior to the statement on 29 August 2023, it was anticipated that the first phase of the new border system would start on 31 October 2023, or in less than three months. The following phases, which were to take into force for the whole year 2024, called for greater inspections of the food and animal products imported into the nation from the EU. The UK will now impose the same SPS Animal Food rules, although three months have delayed the start date.
The timeline is now:
31 January 2024: Export Health Certificates ("EHC") needed
The first milestone concerns the introduction of health certification on EU imports of medium risk animal products, plants, plant products and high risk food and feed of nonanimal origin. This first milestone was originally scheduled for 31 October 2023. This will now move back by three months to 31 January 2024. The second milestone will introduce checks on medium risk products from the EU. These are documentary and risk-based identity checks, and also physical checks. They cover animal products, plants and plant products and high risk food (and feed) of non-animal origin from the EU. At this point, imports of Sanitary and Phytosanitary or “SPS” goods from the rest of the world will begin to benefit from a new risk based model. Existing inspections of high-risk plants/plant products from the EU will move from destination to Border Control Posts “BCPs”.
EU + EFTA (including Irish and non-qualifying NI goods)
Export health certificates or veterinary certificates and phytosanitary certificates are introduced for medium-risk animal products, plants, and plant products imported to Great Britain from the EU & EFTA countries, including Irish goods, as well as non-qualifying Northern Ireland goods.
IPAFFS for Irish goods
Introduction of pre-notification for non-qualifying Northern Ireland and Ireland-origin animal products, plant, and plant products.
30 April 2024: BIP checks go live
This second milestone has also been moved back by three months from the date proposed in the draft BTOM from 31 January and will now instead happen on 30 April 2024.
EU + EFTA
Documentary checks and physical and identity checks at the border are introduced for medium-risk animal products, plant and plant products imported to Great Britain from the EU & EFTA countries (excluding those goods being imported from the Republic of Ireland).
Existing inspections of high-risk plants/plant products from the EU will move from destination to Border Control Posts.
Rest of the World
The UK will also begin to simplify imports from non-EU countries. This will include the removal of health certification and routine checks on low-risk animal products, plants, plant products from non-EU countries as well as a reduction in physical and identity check levels on medium-risk animal products from non-EU countries. Pre-notification will no longer be required for low-risk plants and plant products.
From 31 October 2024
The introduction of documentary and risk-based identity and physical checks on medium-risk animal products, plants, plant products and high-risk food and feed of non-animal origin from the EU on the west coast of Great Britain. (The date for the commencement of physical checks for non-qualifying goods moving from the island of Ireland will be confirmed in Autumn 2023.)
III SPS Animal Food Controls: Levelling the Playing Field?
Rigid border checks on UK products were implemented by the European Union in 2021 at its borders. Since then, some UK food enterprises have been required to prenotify the movement with a Common Health Entry Document (CHED) and submit veterinary certifications to the EU's TRACES system. The capacity of certain British exporters of food, feed, fish, and meat to compete with competitors in the EU has allegedly been harmed by excessive red tape and bureaucracy. This is because border controls were put in place in response to the UK's vote to exit the EU. Some contend that UK SPS Animal Food inspections would level the playing field. Now, exporters from the EU would be impacted by the same paperwork and bureaucracy! Just fair, don't you think?
But not so fast!
Given that the UK depends heavily on the EU for the import of a broad variety of animal and plant goods, this is obviously a short-sighted strategy. The impacts of additional red tape, high costs (together with EU exporters), and a shortage of food supply will be felt by importers in the UK, which will surely result in higher prices in the country's supermarkets and canteens.
VI. What do food businesses in the UK say about the delay?
"It is good that the UK has now provided a new timeline for the installation of SPS controls in the UK", according to Mr. Mielken, the Chief Executive Officer of Customs Manager Ltd., who works with numerous firms in the food and drink, food production, and retail, and grocery sectors.
"However, a simple delay by three months is not a real solution" he said. "We should have taken time to consider adjustments to the risk profile of particular meats, such as putting prepared meats in the low-risk group, since the cooking process lowers dangers greatly" he added
"In addition, the language of the SPS Export Health Certificates should be revised so that we do not add unnecessary burdens to the operations of enterprises in the UK. In conclusion, we shouldn't implement the SPS Export Health Certificates until we can make use of contemporary technologies and our trusted trader status" Mr. Mielken concluded.
If such is the case, then the benefits that contemporary technology affords us today have been completely nullified. "Let's use some common sense here," Mielken said.
More information and links
Collection of all veterinary border updates
Our collection of guides, updates, and information on veterinary border controls and SPS measures:
The UK government released the final Border Target Operating Model (TOM) on August 29th 2023 outlining new regulations for importing products into the UK, including those from Ireland. EU Businesses are affected and need to prepare. Download the final version and our analysis.
Which SPS food products have low, medium or high risk and need lower or higher levels of control and certification under the final UK Border Target Operating Model (TOM)? See our guide.
On 31 January 2024, SPS rules for export health certificates kick in. Access detailed expert guidance and downloads for POAO and other goods
YouTube Explainers
Video Series on the TOM on YouTube
The ARTE Documentary is a great example of the additional paperwork and red tape required for imports into the EU around SPS and agri-food imports. Watch the video here.
Live Training
Virtual Training Event
This course develops the competencies that professionals need to deal with all aspects of food and plant importations, identifying the type of food, feed, animal, and plant products that require a licence, how to apply for permits + design an effective compliance system. (Course ID: E-FA 09)
On-Demand Training
This on-demand training course is designed to provide comprehensive instruction on biosecurity and veterinary border controls (SPS). It covers topics such as identifying risks posed by imported goods, quarantine processes, and the development of effective surveillance and response systems. Participants will gain the knowledge and skills needed to ensure compliance with international biosecurity and veterinary border control standards. Upon completion of this course, participants will be able to implement efficient and effective biosecurity and veterinary border control systems.
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