Alignment of SPS Regulation with the EU
Background
The UK has agreed to align most of our food legislation with the EU in return for a significant reduction of border controls. Food legislation is complex, covering everything from safety to composition and labelling, and whilst the UK adopted EU law into UK legislation on Brexit there has been divergence since then, meaning there will be multiple changes to ensure alignment.
Current Progress
The UK and EU are still negotiating the final alignment arrangements. The UK has indicated there are some areas of food legislation, such as gene editing and novel foods approval, where it may want to continue to diverge from the EU. However, the UK’s objective is to complete those negotiations by early Summer.
The EU will only remove border controls once it is satisfied the UK has aligned relevant legislation. The UK Government wants to achieve that as quickly as possible to remove the burden on businesses exporting to the EU and the restrictions on GB businesses moving food to Northern Ireland under the Windsor Framework. Its aim is to achieve that by mid 2027.
The Government recognises it needs to ensure the food industry implements the changes as quickly as possible through an information and engagement plan. It began yesterday by publishing an indicative list of legislation which will need to change for alignment which you can read here. This is a good starting point for all members, demonstrating the breadth of legislative changes required and you should ensure your suppliers have also read it. However, whilst it is an introduction it does not yet provide a full, detailed list of legislation which needs to change; that will only be available once the negotiations with the EU are complete.
BRC Support
We are aiming through our discussions with Government, you and the food industry to ensure you have the best visibility of changes. We recognise the benefits of reduced border controls, both for movement between the EU and Northern Ireland, will make a big difference to businesses and consumers. However, we also recognise this is a significant challenge for you and your suppliers, particularly in the current climate.
Key issues we aim to address
1. Comprehensive understanding of how alignment will work. We know some areas of legislation will not be covered by the agreement. These are issues such as gene editing where the UK is seeking to maintain divergence. We also know the UK in the negotiations is asking for a longer transition period for alignment, we will ensure you have all the relevant timescales for changes.
2. Technical changes you and your supply chain will need to make. Through our food working groups, such as Labelling and Legislation, Microbiology and Emerging Risks we will aim to give your technical experts the chance to understand the detail of changes, raise issues including timescales and share approaches to implementation across the membership
3. Approach of the EU. We know from our work in Northern Ireland, the UK and EU do not always share the same assessment of compliance. Compliance on alignment will be key to unlocking the benefits of reduced border controls so we will push the Government to agree with the EU what that looks like, including interpretation of regulatory implementation. We will also clarify what controls the EU will expect in areas of legislation where the UK has decided not to align.
4. What this means for GB-NI. We are already working with members to understand what the changes to border controls will mean for movements under the Northern Ireland Retail Movement Scheme (NIRMS). It should mean a significant reduction in controls under NIRMS but we know in some areas, such as wine and spirits and fish, which are not part of the agreement, the EU will expect the UK to maintain controls. We will aim to simplify controls as much as possible.
5. What this means for imports from the RoW. Alignment will mean reverting UK import controls on food which were relaxed post Brexit. We will give visibility of which supply chains this will impact so you can ensure your supply chains outside the EU are informed.
6. Government needs to appreciate the burden of compliance. Whilst we all want the outcome of reduced border controls, implementation is a major exercise over the next year. We will reinforce the Government needs to account for this in considering when and how much additional regulation it introduces for the food industry over this period.
Next Steps
Securing the change to border controls is a key political priority for the Government and we know there will be huge pressure to deliver alignment as quickly as possible. We can expect engagement with the BRC, you and the rest of the food industry to increase significantly in the next few months and particularly once the negotiations are complete and a full, detailed list of legislation to align is known in May/June.
We will do everything we can to support you, recognising the massive challenge it presents to you and your supply chain. We recommend you review your membership of both the Food Community and the key working groups so you remain informed, both at a strategic and detailed level.
