In Domestic Affairs

David Stevenson

Post-Brexit border inspections are not ready; phytosanitary control has been postponed to 2025

Post-Brexit border inspections are not ready; phytosanitary control has been postponed to 2025

The United Kingdom’s post-Brexit border control implementation has once again been delayed, marking the latest in a series of postponements since the UK’s departure from the EU in January 2021. The most recent delay pushes back the introduction of controls on fresh produce to July 2025, following the initial start of checks on animal and plant products in April this year.

The government had initially planned to introduce safety and security declarations for all imports by 31 October 2024, as part of the Border Target Operating Model (BTOM). This plan also included the rollout of the Single Trade Window, a digital platform designed to streamline the process of filing import and export documents. However, these declarations are now set to be introduced on 31 January 2025, according to a spokesman for HMRC.

This delay was communicated to companies through the Joint Customs Consultative Committee, an HMRC forum that includes representatives from businesses and border groups. Industry insiders had anticipated this delay due to the lack of clear guidelines on the operation of the new Single Trade Window system. With the first version of the Single Trade Window currently being tested with selected users, HMRC is seeking to incorporate industry feedback to ensure adequate preparation time for the new border controls.

Business representatives have voiced concerns over the inadequate communication from the government, which has hindered companies’ ability to plan and prepare for the changes. Despite these challenges, the postponement is viewed as a pragmatic decision, allowing for ongoing discussions between the UK and the EU to explore alternative methods for ensuring the smooth trade of sanitary and phytosanitary (SPS) goods.

The new Labour Government in the UK is aiming to negotiate a veterinary agreement with the EU, with the goal of aligning standards and potentially eliminating certain controls on EU food imports. New legislation has been introduced to recognize EU product safety requirements that have been updated since the UK’s departure from the EU. This move is part of HMRC’s ongoing efforts to facilitate a smooth transition to the new border controls and encourages companies to prepare early for submitting the necessary security declarations.

The repeated delays in implementing these border controls have been costly and complex. The National Audit Office (NAO) has estimated that the total cost of introducing post-Brexit border controls could reach £4.7 billion, with annual costs to UK businesses projected at £470 million. These delays have also resulted in significant recruitment and training issues for port health authority inspectors, as well as concerns over insufficient legislation to support the new checks.

The phased introduction of these controls has been marred by multiple delays, with the latest being the seventh such postponement. The checks on fresh produce, including fruits and vegetables, have been delayed three times in the past year alone, with the Fresh Produce Consortium warning that these inspections could inflate import costs by over £200 million, leading to higher prices for consumers.

The UK government’s approach to introducing these controls has been criticized for its lack of clarity and consistency. Industry groups have expressed frustration over the government’s “inconsistent messaging and last-minute announcements” regarding border control staffing, opening hours, and pricing regimes. The government has acknowledged these challenges and is taking a “pragmatic approach” to introducing the new checks, prioritizing physical checks on high-risk goods and scaling up to full check levels in a controlled manner.

In summary, the UK’s post-Brexit border control regime continues to face significant delays and challenges, reflecting broader issues in readiness, communication, and the alignment of standards with EU regulations. As the UK navigates these complexities, the focus remains on ensuring a smooth transition that minimizes disruption to trade and protects biosecurity.