The Brexit Deal defines the conditions for imports and exports between the EU and UK (1,2). In the broader context of a free trade agreement that comes with an understanding on governance. 1449 pages to exclude-or free, depending on your point of view-Britain from the customs union, the internal market and its four freedoms (movement of goods, people, capital and services).
The understanding was reached on 24.12.20, after four and a half years of negotiations, one week before the end of the transition period (1.1.21). Without even touching on foreign policy, security and defense issues, where the government in London reaffirms its complete autonomy. (3)
EU – UK, free trade in pills
The EU-UK Free Trade Agreement differs from the generality of Free Trade Agreements in several respects:
– the parties make a final commitment not to apply either tariff duties or forms of quotas on their respective goods entering their borders,
– The agreement is not limited to the exchange of goods and services. Instead, it extends to fisheries and transport, state aid, investment, energy, personal data protection and coordination on social security (e.g., treatment of EU workers posted to the UK and vice versa),
– competition is also considered, with reciprocal guarantees of equal treatment. Therefore, it is ruled out that Brexit may provide opportunities for either party to favor its own operators over those from across the Channel. (3)
Governance
Oversight and monitoring of the proper implementation of the agreement is entrusted to a cross-party partnership council. This body has the essential tasks of:
– Ensure the uniform application and interpretation of the rules set out in the Brexit Deal,
– Resolve any disputes that may arise over the application of the agreement.
Violations of the agreement legitimize retaliatory measures, applicable in each of the sectors covered by the economic agreement.
Import – export, customs controls
The free trade agreement has not served to prevent the establishment of a strict system of customs controls, which are accompanied by the same rules as forimport – export to and from non-EU countries (4,5,6). With a special regime, as noted, specifically for the transfer of animals and plants, food and feed, plant protection products (4,5,6).
The regulation of customs controls is set out in the chapter on Sanitary and Phitosanitary Measures. Based on the SPS (WTO) accrdo of the same name, as well as FAO and OIE(World Organization for Animal Health) recommendations. Specifically related to animal health and welfare, plant health and food safety.
Import – export of animals and food, guidance from the Ministry of Health
The Ministry of Health, Directorate General of Food Hygiene and Food Safety (DGISAN), has issued two notes to provide practical guidance on import – export of animals and food after 1.1.21 (7,8). Referring in particular to:
–Products of Animal Origin (POAO),
– composite products (from plant ingredients and ingredients of animal origin that have already been processed), which the British legislature subjects to the same discipline as POAOs,
– POAO subject to safeguard measures,
– fishery products and live bivalve molluscs,
–High-Risk Food and Feed Not of Animal Origin ( HRFNAO), (9)
–Animal By-products (ABP)
– Live animals and germinal products,
– Live aquatic animals for aquaculture and ornamental purposes,
– equines.
Import – export, pre-notification and sanitary or phytosanitary certificates
The compulsory fulfillments for import-export of the products mentioned in the preceding paragraph firstly postulate:
– pre-notification of import. The importer must notify the competent authorities in the country of destination of the arrival of a shipment and its details,
– health/health certificate. The exporter must obtain from the competent authority of the country of origin of the goods an official document certifying their compliance with the health requirements of the country of destination.
Permits and authorities of reference
British producers must apply to the UKAnimal and Plant Health Agency (APHA) in the Department of Environment, Food and Rural Affairs (DEFRA). Products leaving the UK must now carry the new health stamps (on fresh meat) and identification marks (on other POAOs) updated with the ISO GB, or UNITED KINGDOM, code.
Prior approval of the establishment is also required for movements of live animals and animal products entering the UK. To this end, British FBOs(Food Business Operators), before importing from the EU and EFTA(European Free Trade Agreement) countries. Iceland, Liechtenstein, Norway, Switzerland) must make pre-notification to APHA through theImport of Products, Animals, Food and Feed System (IPAFFS).
Gradual introduction, gradually more intensive controls
The phased introduction of the procedures is marked in three stages. January, April, July 2021. As of 1.1.21, POAOs subject to safeguard measures, (10) high-risk animal by-products, live animals and germinal products, live aquatic animals for aquaculture and ornamental purposes, and equines are affected by the new requirements. (11)
As of 1.4.21 official certificates are also required for goods of EU origin entering the UK only with a view to processing and subsequent export to the EU or other countries, which until then were subject to a simplified procedure. (2)
From 1.7.21 all commodities subject to sanitary and phytosanitary controls are subject to border controls peculiar to non-EU trade. The nature and intensity of which-documentary, visual and labeling checks, physical, with possible sampling and analysis-varies with the type of product.
EFSA, RASFF and Brexit
The regulatory powers hitherto vested in the European institutions have now returned to the exclusive domain of the British legislature. The competitiveness of the agro-industry across the Channel will certainly be fostered by a more SME-friendly and innovation-friendly legal environment, as already seen with regard to the CBD. (11)
Instead, scientific risk assessment is entrusted to the Food Standards Agency (for England, Wales and Northern Ireland) and Food Standards Scotland (for Scotland). They are also responsible for working with other agencies on the Rapid Alert System on Food and Feed. Outside the RASFF, but rather within the international network that brings together, under the auspices of FAO/WHO, the food safety authorities of the various member countries of the two organizations.
Fishing
Timidity dominates EU and UK commitments to pursue policies to protect the environment and combat the climate emergency in the areas affected by the Brexit Deal. Not surprisingly, the most difficult chapter in the negotiations concerns fisheries management. For the next five years, European and British fishermen will be able to continue fishing as in the past. After that, Total Allowable Catch (TAC) quotas will be negotiated. Taking into account, in words at least, the need to ensure sustainable and conservative management of marine resources.
Dario Dongo and Giulia Orsi
Notes
1) European Commission. EU-UK Trade and Cooperation Agreement: protection of European interests, guarantees of fair competition, and continued cooperation in areas of common interest. Press release. 12/24/20, https://ec.europa.eu/commission/presscorner/detail/it/ip_20_2531
2) The draft EU-UK Trade and Cooperation Agreement, https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/future-partnership/draft-eu-uk-trade-and-cooperation-agreement_it
3) EU-UK Trade and Cooperation Agreement: A new relationship, with big changes – Brochure https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/6_pager_final.pdf
4) Dario Dongo, Giulia Torre. Brexit, new rules for food imports and exports. GIFT(Great Italian Food Trade). 3.11.20, https://www.greatitalianfoodtrade.it/mercati/brexit-nuove-regole-per-import-e-export-di-alimenti
5) Claudio Biglia, Dario Dongo. Brexit, operational instructions for export of plants, animals, food and drink, by-products from EU to UK. GIFT(Great Italian Food Trade). 9.11.20, https://www.greatitalianfoodtrade.it/mercati/brexit-istruzioni-operative-per-l-export-di-piante-animali-alimenti-e-bevande-sottoprodotti-da-ue-a-uk
6) Dario Dongo. Brexit just around the corner, updates from the Ministry of Health. GIFT (Great Italian Food Trade). 12/23/20, https://www.greatitalianfoodtrade.it/mercati/brexit-alle-porte-aggiornamenti-dal-ministero-della-salute
7) Ministry of Health Note 28.10.20 (prot. DGISAN no. 37848)
8) Ministry of Health Note 31.12.20 (DGISAN prot. no. 49575) %20-%
9) Reg. EU 2019/1793, on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries . Consolidated text as of 10/26/20 at https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A02019R1793-20200527#
(10) POAOs subject to safeguard measures only must specify the unique UNN notification code in export certificates (see doc. in note 8).
(11) High-risk foods and feeds of non-animal origin are themselves subject to specific processes. Prior authorization of APHA, entry into the UK through certain Border control points(BCPs)
(11) See last paragraph, The British paradise, post Brexit in article Dario Dongo, Marta Strinati. Natural CBD, delirium tremens in Brussels. GIFT(Great Italian Food Trade). 1.8.20, https://www.greatitalianfoodtrade.it/mercati/cbd-naturale-delirium-tremens-a-bruxelles
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Law at the University of Bologna, now enrolled in the master of law of agri-food markets at the University of Turin. She is a practicing lawyer.
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