Sanitary and phytosanitary (SPS) agreement: Updates to guidance
Since our update on the SPS Agreement in March, Defra has published and updated its guidance for businesses on the impact on the SPS agreement ahead of its intended implementation in the summer of 2027, although exact timings are subject to change. It is worth reiterating the point that although it’s referred to as the SPS Agreement, the scope of the agreement, which identifies 18 agri-food policy areas is much wider than the name suggests.
The terms of the SPS Agreement are still being negotiated between the UK and the EU and the UK-EU summit scheduled for 22 July was postponed following the announcement that then PM Keir Starmer was stepping down, so the guidance is not fully comprehensive.
However, the prevailing point is with dynamic alignment Great Britain will match EU requirements and that when the agreement comes into force goods entering Great Britain from the EU, or Northern Ireland from Great Britain, will no longer need:
- export health certificates
- phytosanitary certificates
- ISPM15 marking (for wood packaging material)
- Northern Ireland plant health labels
It also means that all the points of divergence which have occurred in the years since the implementation period ended will need to be dealt with.
The guidance includes the list of areas where the UK is negotiating to retain its own rules, areas where the UK will be seeking to do this are animal welfare standards, public health and the use of new and innovative technologies.
The overarching guidance lists areas in scope for change under the SPS Agreement and provides information for businesses to prepare across different sectors and activities for example organic production, logistics, food production and changes at the border. In each case the guidance is subject to change and while Defra is clear that businesses should start preparing for changes it also notes in some cases it has stated that businesses are not expected to make detailed changes at this stage. The overall message is to get informed, be prepared and engage with Defra so that they are ready to act when the time comes.
Call for information results published
The results of Defra’s call for information on the SPS Agreement have also been published with the summary of responses providing valuable insights into the potential impact of the changes from a practical perspective. For example:
- 56% of respondents anticipated that SPS alignment will affect their supply chain operations
- 68% anticipated reduced compliance costs
- 25% would need at least 12 months of transition to implement changes
Defra will use the findings to inform its approach as it concludes its negotiations with the EU and takes forward implementation.
Contents
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- From doughnuts to delivery apps: The ASA's less healthy food ad rulings so far
- New global standard for 'may contain' allergen labels: What food businesses need to know
- Alternative proteins: The regulatory horizon is shifting - are you ready?
- VAT on package deals: What the KFC meal deal case means for your business
Contact
Katharine Mason
Principal Associate
katharine.mason@brownejacobson.com
+44 (0)330 045 1382