Technical questions and answers about Sanitary and Phytosanitary Controls (SPS)

Question 1

1. Risking approach

Accepted Answer

1.1 How will risk categorisation work?

Defra have undertaken the risk modelling necessary to categorise commodities, advised by an expert panel of risk analysts, risk managers and policy representatives from the Animal and Plant Health Agency, the Food Standards Agency (which advises the UK and Welsh Governments), and Food Standards Scotland, alongside public health and disease control policy experts from the UK Health Security Agency and from the UK, Welsh and Scottish Governments.

The categorisation is based on the inherent risk (high, medium or low) that the commodity poses to animal and plant health, food safety, alongside any specific risk from the country and region of origin. The categorisation approach draws on a range of data including disease outbreak data, known public health risks, transmission data, trade restrictions, non-compliance data and our confidence in the exporting country’s production standards and health controls, among other sources.

1.2 How do we know which commodities fall into which category?

The risk categorisations have been published on GOV.UK for animal products and on the Plant Health Portal for plants and plant products. A composite product decision tree is also available on GOV.UK.

1.3 Is it possible for a country or a trader to appeal the risk allocated to their commodity by the panel of risk management experts?

We will work closely with trade partners to ensure that the process and rationale for categorisation of commodities is understood and seen to be robust and fair. However, categorisation is based on the UK’s risk assessment, not stakeholder feedback.

Question 2

2. Infrastructure

Accepted Answer

2.1 How are checks within a port or airport’s perimeter organised, and who does what and has accountability to make it happen?

Within the curtilage of a sea or airport, the port operator will direct the movement of consignments. At the Border control post (BCP), APHA will undertake checks on live animals, or plants and their products. The Port Health Authority/Local Authority will undertake checks on animal products and High-Risk Feed or Food Not of Animal Origin (HRFNAO). The port operator will not release a consignment from the port until they have been informed that it has been cleared by the relevant inspection authority.

2.2 Will BCPs be ready? Do they have sufficient capacity?

Defra is confident that existing and new BCP infrastructure will have sufficient capacity and capability to handle the volume of expected checks outlined in the BTOM, with robust, dynamic, and effective operational measures ready to call upon if needed. Defra will continue to work with existing BCP operators to ensure they are prepared, and the Government has built new infrastructure at critical locations. Operators have not expressed concerns regarding under-capacity, we are therefore not anticipating queues but will continue working closely with operators to address any concerns they may have.

2.3 Where are the BCPs?

There is a list of BCPs for animals and animal products and this will continue to be updated. There is also a list of authorised BCPs for plant imports. This list will be continuously updated over the coming months as more BCP and CP facilities become designated.

Commercial operators (like ports and airports) may advise traders of plans to update BCPs or seek new designations.

2.4 When will port and airport operators begin or re-start the process for designating their BCPs and how will this be communicated?

Defra is confident that sufficient BCP capacity will be in place for April 2024.

It is a commercial decision for the BCP owner to determine how to best utilise any BCP and what designations will be required. Any modifications will need to be made in line with APHA and ownership control reporting (OCR) rules for designation.

BCP designations are published on GOV.UK. Commercial operators (ports and airports) may advise traders of plans to update BCPs or seek new designations.

2.5 What additional BCP capacity has been built to accommodate new import controls?

The Short Strait, Sevington, which will undergo designation checks prior to April, remains in a readiness state preparing for physical checks to start in April 2024.

For the end of the transition period, the Port Infrastructure Fund allocated £200 million to support sea ports, airports and rail terminals to develop the necessary infrastructure and facilities to enable both sanitary and phytosanitary checks and customs checks. This infrastructure is now available to support checks introduced under the BTOM.

2.6 What BCPs are owned and administered by UK governments?

In England, Sevington remains in a readiness state to serve the Short Strait. Responsibility for biosecurity and BCP infrastructure is a devolved matter. However, Defra is working closely with colleagues in the devolved governments. Welsh government are in the process of building an inland BCP at Holyhead (North Wales) and are exploring potential facilities for Fishguard and Pembroke Dock in South Wales. There are currently no UK government owned BCPs in Scotland.

2.7 What are the plans for BCPs in Wales?

Plans are being developed for BCPs to provide facilities for goods entering the UK through ports in Holyhead and South West Wales. The facilities in Wales are expected to be operational in line with the timetable for the introduction of controls on the West coast. Further details will be released in due course.

2.8 What charges will traders face at BCPs? What is the Common User Charge?

Common User Charge, PHA Charges and APHA Charges

Defra consulted last year on the proposed Common User Charge (CUC) to recover operating costs at Government-run BCPs. It invited views on the principles, methodology and indicative rates for the Common User Charge to determine fair and reasonable charges.

Defra is now reviewing all responses to the consultation and will use feedback to inform the final policy, which we expect to publish shortly. The indicative Common User Charge rate is estimated to be in the region of £20 to £43.

The UK Government continues to work closely with the Devolved Governments on charging policy, and is working towards extending these arrangements to cover other government-run BCPs within Great Britain in the future.

Port Health Authorities (PHAs) have charging mechanisms in place for covering the costs of checking SPS consignments, and the Government, in conjunction with devolved administrations, is working with them to review fee levels and support the implementation of new checks of imports from the EU in early 2024.

APHA are the competent authority with responsibility for the inspections of plants and plant products at BCPs and CPs. APHA charging rates for these inspections.

Private BCP charges

Commercial/private BCP fees are a business decision for the operators of those sites.

2.9 What will happen if things go wrong or the BCP is closed?

As part of their designation process, all BCPs are required to have business contingency plans if they are unable to operate. At any government-owned BCP, Defra will have worked closely with the site operator to develop extensive operating procedures in the event that something goes wrong at a BCP and closure is required.

2.10 Do you have enough vets and other appropriately qualified staff to carry out SPS checks at ports?

Yes. As a part of establishing a Border Control Post, there is a requirement on the BCP operator to show that there are sufficient on-site staff to carry out the required import checks.

We also have been working with each PHA and APHA to identify the level of staffing needed and agree their recruitment plans.

We understand that there will need to be continual dialogue to ensure authorities have the correct levels of staffing to deliver the proposed controls.

2.11 What if there isn’t enough space in ports for queues for SPS checks at BCPs?

Government has and will continue to engage ports in the design and construction of their BCPs, based on the anticipated volume of checks defined by the BTOM, and while we do not expect queues, port operators are responsible for managing the flow of vehicles through their ports. Government has also provided Inland Border Facilities for those ports which lacked space to build the necessary infrastructure on site.

Throughout our engagement with BCP operators, insufficient capacity has not been flagged as a concern.

Question 3

3. Certificates, digitisation and technology

Accepted Answer

3.4 Will Export Health Certificates (EHCs) be required for animal products from 31 January 2024?

From 31 January 2024, EHCs will be required for the import of medium import-risk animal products, for EU and EFTA exports to GB. Low risk animal products will not need an EHC.

3.5 How do EU suppliers apply for an EHC?

For information on how to apply for an EHC, please contact your competent authority or an official veterinarian (OV) in your country.

3.6 Are paper health certificates still required?

If the exporter creates a GB health certificate as a verifiable PDF using TRACES or another EU or EFTA Member State system, they will not need to send the original, paper health certificate with the consignment. There is a list of countries and systems.

3.7 What health certificate must the exporter send with the consignment?

They must send you the official, verifiable PDF certificate once it has been signed by the competent authority. Use this for your import notification in IPAFFS.

3.8 What happens if the exporter does not use a verifiable PDF?

If the exporter does not use a verifiable PDF, the competent authority must send the original paper GB health certificate with the consignment and send you an electronic copy to attach to your import notification in IPAFFS.

3.9 When will simplified or digitised EHCs and PCs be available?

Simplified EHCs were published in 2023.

We have already removed the need for paper health certificates for live animals and other goods under control entering GB from the EU and will extend this to other POAO, plants and plant products originating from the EU from 31 January 2024, in instances where a validatable PDF health certificate originating from TRACES (or other approved Member State national system) can be provided. POAO imports from New Zealand can also currently take advantage of digital certification. We anticipate this to be a staged approach to digitisation of certification, which will tie in with wider work on the Single Trade Window and Borders 2025, as we extend the ability for traders to use digital health certificates for both imports and exports.

For plant and plant products, digital PCs (ePhyto) has been successfully implemented for a small number of imports from Netherlands, and will be rolled out to all Netherlands before end of January 2024 and all EU before end of April 2024.

3.10 What is the UK Single Trade Window (STW) and what will it do?

The STW is instrumental in the UK Government ambition to provide a seamless customer experience through delivering a simple service gateway that serves as a single point of interaction between businesses and UK border processes, submitting information to Government only once and in only one place.

The UK Government has committed £180 million to build a world-leading Single Trade Window which will provide a seamless customer experience, allowing users to meet all their border obligations by submitting information once, and in one place.

Our aim is to make it easier to do business with the UK by removing the complexity of dealing with Government at the border through providing effective guidance and simplifying customer submissions of customs declarations and paperwork for other regulatory purposes, for example information required for the movement of goods subject to Sanitary and Phytosanitary (SPS) controls.

Question 4

4. Messaging and compliance

Accepted Answer

4.1 How will I, or my driver, know if a consignment needs to present at a BCP?

New controls requiring checks at BCPs will not be introduced until 30th April 2024 for the majority of imports, and not before 31st October 2024 for goods arriving at West coast ports.

When physical checks are introduced, there is detailed guidance on notification of being called to a BCP.

4.2 What will happen to businesses that do not comply with the new requirements from 31st January?

Most traders will want to meet their obligations and demonstrate the best endeavours to comply with new import controls. Our compliance approach for EU movements of goods is therefore focused on enabling these traders to meet the requirements of the new regime.

We will initially take a graduated approach to enforcement of the controls to safeguard the flow of goods, helping traders to get it right rather than penalising them if they get it wrong.

We will use insight to provide traders (and their intermediaries) with targeted information and guidance to help them understand what they need to do to comply with their obligations. And we will work with traders to enable them to comply as quickly as possible if errors are identified.

For those who continue not to meet their obligations, putting the UK’s biosecurity and public health at risk, we will take proportionate enforcement action.

4.3 What are documentary checks and how they will work?

Documentary checks for medium-risk animal products and high-risk food of non-animal origin from EU and EFTA countries will be undertaken on a randomly selected sample of consignments arriving at GB ports to check the correct application and usage. Traders will be provided with specific feedback if their consignment is selected for a documentary check.

Between 31 January 2024 and 30 April 2024 goods subject to these sample documentary checks will not be held for inspection and no charges will be levied.

Where an importer can demonstrate that they have done their best to obtain a health certificate but cannot comply with the requirement, they should contact APHA as soon as possible. Telephone 03000 200 301 or email imports@apha.gov.uk

4.4 What happens when pre-notification within the stated timeframe is proving a challenge?

As now, we will intervene if a threat to public health or biosecurity is detected. We would expect this to be in limited and only in exceptional circumstances.

The requirement for IPAFFS prenotifications to be submitted one working day ahead of a consignment’s arrival in GB is an existing requirement for goods from the EU, excluding goods from the island of Ireland.

The requirement continues from 31 January for those EU goods it currently applies to and will be introduced for EU and non-qualifying Northern Ireland goods from the island of Ireland from 31 January 2024.

When a notification has been made late for EHCs selected for checks by Defra, the importer will be notified but goods will not be held or called into BCPs/CPs.

However, from the point that controls at the border are introduced, importers will be able to contact Port Health Authorities (PHAs) to request a derogation to reduce the pre-notification window to a minimum of 4 hours.

4.5 What happens if consignments are held at BCP for checks- what will businesses involved in moving consignments to UK need to do in response and will it cause them delay?

If the goods are accompanied, and selected for a check the driver will need to take the consignment to the BCP. If the goods are unaccompanied and arrive at a point of entry with a BCP within the curtilage of the port, the port operator will arrange for the goods to be moved to the BCP. If the goods are unaccompanied and arrive at a point of entry with an Inland Border Facility, the person responsible for the load will need to arrange for the consignment to be transferred to the BCP.

Where a consignment is called to the BCP it will take time to undertake the checks, which is necessary to protect human health and the country’s biosecurity. The time taken to conduct checks is subject to a ‘Service Level Agreement’.

4.6 If goods do not pass biosecurity checks, what will happen to them and who will take responsibility for them?

As with the current system, it will be the responsibility of the exporter. Depending on the consignment and the reason for rejection, they may have the options of re-exporting the consignment, re-purposing it, or paying for the consignment to be destroyed.

4.7 If I am having issues with pre-notification and IPAFFS, where can I find guidance materials?

There is guidance on pre-notification and IPAFFS and the BTOM. You can also call APHA’s helpline on 0330 041 6999 or email APHAServiceDesk@apha.gov.uk.

If you need help to complete import notifications for:

Question 5

5. Trusted trader and groupage facilitations

Accepted Answer

5.1 What is a Trusted Trader Scheme?

A trusted trader scheme is defined as any interaction where a trader goes through an upfront assurance or validation process, to be granted authorisation to use facilitations not available to traders by default.

5.2 Why are the government creating trusted trader schemes?

As set out in the UK Border Strategy, the government is looking to use data, technology, and trusted relationships to deliver robust upstream compliance that would allow some import processes to be moved away from the border and facilitate improved flow of goods. In April 2022, we committed to taking forward this concept as part of the Border Target Operating Model (BTOM).

Two approaches to trusted trader schemes for SPS products will be piloted. Membership of the Accredited Trusted Trader Scheme and Authorised Operator Status will provide additional assurance to government and enable traders to demonstrate they have systems in place to manage biosecurity and food safety risks with government oversight. Businesses will continue to be held to the UK’s high biosecurity and food safety standards but will have different options for providing such assurance, with a range of benefits to traders in return.

In line with the rest of the SPS imports regime under the BTOM, the proposed trusted trader schemes for POAO and certain ABP will follow a risk-based approach, which will take into account commodity risk and country of origin.

5.3 How will you ensure that SPS trusted trader schemes will provide the assurance needed for biosecurity?

We will work with industry to pilot new trusted trader authorisations for SPS goods. These pilots will explore whether it is possible for businesses to conduct more assurance themselves where they can demonstrate compliance and so deliver biosecurity outcomes.

Governance of these pilots will be overseen by the cross-nation governance structures.

We will carry out a robust and detailed evaluation of the pilots before any decision to scale them up is taken. This evaluation will consider whether the schemes provide the assurance needed for biosecurity, public and animal health.

5.4 What SPS Trusted Trader schemes will you be offering?

We are exploring the potential of creating two SPS-focused trusted trader schemes as part of the TOM. One of these will focus solely on the import of plant products and is called Authorised Operator Status (AOS).

For Authorised Operator Status, all plants and plant products will be in scope of the pilot. Wood and wood products, seed potatoes and grain are currently out of scope, but further consideration will be given to these commodities following a pilot.

The other will focus on imports of medium risk Products of Animal Origin (POAO) and Animal By-Products (ABP) and is called The Accredited Trusted Trader Scheme (ATTS)

5.5 What is Authorised Operator Status (AOS), when will it be introduced?

The Authorised Operator Status is designed for UK businesses of all sizes importing all plants and plant products from EU and Rest of World traders. Authorised Operator Status will enable traders to manage their own SPS risks. The authorisation will delegate responsibility to Authorised Operators to carry out their own imports physical and identity checks provided they complete training, demonstrate their competence, designate their premise as a Control Point.

AOS is a proposal, and the decision on whether to implement AOS will be taken following the completion of a successful pilot.

A call for Expressions of Interest for the 6-month AOS pilot will go live on 6 February, with the pilot expected to take place from June to December. This will be followed by a period of evaluation, with a decision from Ministers on whether to proceed expected early in 2025. If all is approved the anticipated AOS go-live timing is June 2025.

5.6 What will the authorisation requirements for AOS be?

The eligibility criteria will include being:

a UK registered business - the business must be established in the UK for customs purposes; registered with the relevant UK plant health service as a professional operator; have entered into an agreement with Animal and Plant Health Agency and SASA
designated ‘Authorised’ and ‘Responsible’ Person - the Authorised Person conducts the checks, while the Responsible Person will have board level authority, act as the point of contact and have overall accountability for the organisation’s status
documented internal processes for inspection and management of biosecurity risks; *bio secure premises (control point designation and custom authorisation)
training on conducting plant health checks, including detection and preliminary identification of quarantine pest and disease and
the business will document how any conflicts of interest will be managed internally and how risks to impartiality will be minimised

5.7 What is the Accredited Trusted Trader Scheme (ATTS)

The proposed Accredited Trusted Trader Scheme (ATTS) is a scheme aimed towards frequent importers of ‘medium risk’ Products of Animal Origin (POAO) and Animal By-Products (ABP) from EU and non-EU countries.

ATTS has been designed with a modular framework which will provide businesses with flexibility and choice in how they engage with the Trusted Trader approach. Businesses will be able to build a package of facilitations that aligns with their specific operational needs rather than needing to engage with a one-size-fits-all solution. Each module will be piloted as a first step to determine if the module will be included as part of the scheme indefinitely.

5.8 What are the ATTS modules that a trader can apply for?

Certification Logistics Pilot (CLP)

This module focuses on streamlining the certification process for animal products. It allows an Export Health Certificate to be used from the point of origin of the goods (e.g. a manufacturing site) without the need for re-certification at a consolidation hub in the EU prior to dispatch to Great Britain. This is as long as the Trusted Trader can provide acceptable assurances regarding the biosecurity integrity of the goods in the interim, throughout transport, storage and any limited manipulation that is permitted.

This benefit can be applied to packaged medium risk products of animal origin (POAO) and animal by-products (ABP) imported into GB from the EU.

Checks away from the border

This module would allow frequent importers of products of animal origin to reduce the need for routine physical checks at the Border Control Posts by taking responsibility for carrying out checks at other locations, to ensure the protection of biosecurity, animal and public health whilst being closely regulated by Government. The checks carried out by the trusted trader at their own site will not necessarily replicate the BCP model but will provide equivalent biosecurity and public health assurance to Government.

This benefit can be applied to medium risk animal products.

Journey Assurance

This module will consider how supply chain data and technology already utilised by businesses could be drawn upon to provide biosecurity and public health assurances.

The precise benefits associated with this module would need to be determined as part of the co-design and pilot phases, but it is envisaged that it would be a proportionate reduction in the level of checks based on the assurance secured via the relevant technology.

5.9 When will the ATTS pilots take place?

The Certification Logistics Pilot will begin in January 2024. Participants have been identified. If the first stage of the pilot is successful, we may then look to expand the pilot and will run a selection process for other businesses to register interest in taking part in 2024. Pilots for the checks away from the border module will operate from April 2024. Where possible we will look to initiate pilots for other modules from April 2024 also.

These pilots will determine whether the scheme can progress to wider rollout. An extended period of co-design will take place with the businesses selected to take part in the pilots. This is anticipated to take at least 6 months. This will then be followed by pilots which we expect to run for 6 to 12 months. The pilots will then be formally reviewed, and a full scheme will follow if they are successful.

5.10 Why is ATTS being piloted?

The objective of pilots will be the evaluation of how the Trusted Trader can fulfil the assurances listed below to be able to access Accredited Trusted Trader Scheme benefits, while maintaining standards set by government:

supply chain information (where the products coming from, how they are produced, by who etc.)
production assurance - rules and regulations for producers to uphold (auditing), sampling and testing of products etc.
pre-arrival checks (hub in mainland Europe)
assurance during transit - temperature trackers, digital seals etc.
checks at destination (including who undertakes them and the qualifications they hold / training they have undertaken)
relevant data utilisation and sharing to inform compliance levels and identify non-compliance

Pilots will need to be fully assessed from a risking perspective and reviewed as they progress to ensure the measures in place are providing equivalent risk mitigation in practice. They will look to build upon industry practices in developing requirements for assurance, with the final scheme design finalised after these pilots take place.

5.11 What will be the membership requirements for ATTS?

We will be testing the scheme membership requirements as part of the ATTS pilots. However, as a minimum, we expect ATTS members would:

be a registered business
have a good compliance history (once available)
have a named responsible person/s for the identification, management and monitoring of biosecurity risks

Requirements for specific modules will vary but could include:

implement government-produced, standard operating procedures to ensure equivalent assurance of public health and biosecurity safeguards
have bio-secure premises and infrastructure
provide end to end supply chain assurance
have suitably trained staff who can act independently

5.12 What outcomes will ATTS aim to achieve?

protect or enhance domestic biosecurity animal and public health
maintain export markets
minimise burdens and costs to industry
provide benefits to businesses, consumers and government and reduce costs (including running costs)
accessible to as many sizes and types of businesses as possible, including small and medium enterprises

5.13 What will the membership cost be for the schemes?

Although these costs will not be applicable during the piloting phase, we anticipate there will be a membership fee for ATTS and AOS. Further information will be provided on this in due course.

What is Defra doing to facilitate the efficient import of ‘groupage’ consignments, where a single load (e.g. a lorry) may contain consignments from several different businesses that meet different risk criteria and are therefore subject to different checks?

Risk based model

Low-risk products of animal origin will not require an EHC or border checks except for occasional spot checks, low-risk plants and plant products will not require a PC or systematic border checks, and all medium risk goods will undergo reduced intervention at the border. This approach significantly reduces the risk of detaining a compliant consignment due to non-compliance elsewhere in a mixed or groupage load.

Certification Logistics Pilot

The Certification Logistics Pilot (CLP) is intended for EU traders using consolidation hubs. It removes the need for recertification by an Official Veterinarian at a consolidation hub if goods are unloaded and reloaded there prior to transport to GB. This scheme is only applicable for medium-risk, packaged animal products. It is not applicable for transit movements across GB.

It will allow businesses to use a single export health certificate (EHC) from the point of origin of the goods up to their arrival in GB. Trusted Traders will have to provide assurances for the biosecurity and food safety integrity of the goods throughout transport, storage, and any limited manipulation (like movement from one lorry to another at a consolidation hub).

The certification logistics approach could potentially save businesses substantial time, costs, and administrative resources and expedite the overall movement of qualifying goods being exported from EU to GB. The module could result in at least fifty per cent cost saving on obtaining the EHC, as it removes the secondary veterinary intervention. The cost savings are multiplied where the consolidation hub intends to split the originally certified consignment across multiple vehicles: under the standard BTOM certificates are required at the point of export per consignment whereas CLP enables consignments produced from the same place/at the same time to be grouped under one EHC with copies of the EHC to be used when goods are split across multiple vehicles at the hub.

We expect the pilot to run for 6-12 months starting from the end of January 2024 in line with the introduction of certification for EU imports. Governance arrangements will allow a business to be transitioned back to standard TOM procedures if it is found to be unsuitable.

Facilitations for Groupage

Relaxed official sealing requirements for groupage (animal products): Official seal requirements for groupage export to Great Britain are now specific only to small number of commodities specified by the Export Health Certificates (EHC) notes, moving away from the previous blanket approach for all animal products.

Transporting Groupage Loads: Businesses have greater flexibility in transporting and differentiating consignments within groupage, with recommendations for clear labelling and planned loading to aid border inspections.

Eliminating ‘Either/Or’ Sections in Health Certificates: Individual EHCs can now cover multiple same-type animal products, increasing their applicability.

Using Schedules for Additional Details: Supports importation of wider range of same-type products under the same EHC, and particularly useful for exports from Great Britain.

Pre-Notification and Import Declaration: The term “groupage” can be used on hEHC when final transport details are unknown, allowing more time for pre-arrival logistics. However, accurate details must be provided in the IPAFFS import declaration before arrival in GB.

Question 6

6. Transits and landbridge

Accepted Answer

6.1 How will the BTOM apply to goods transiting Great Britain, like consignments that are imported to Great Britain, but only to pass through Great Britain to get to a place outside of Great Britain, for example Ireland?

There will be some new requirements for goods transiting GB from continental EU to Ireland and for Irish goods transiting GB to the continental EU or elsewhere.

Sanitary and Phytosanitary consignments that transit through the UK, including those using GB as a land bridge can pose biosecurity and public health risks. In line with the broad approach to commercial imports, as mentioned above, we are introducing a simplified but effective system of biosecurity controls for movements of these goods through Great Britain, which minimises both friction at the border and the administrative burden to traders.

For animals and animal products

High risk EU Sanitary and Phytosanitary goods using Great Britain as a land bridge will require health certificates from 31 January 2024. They will be subject to 100% documentary checks on entry and to 100% identity (seal) checks on entry and 100% identity (integrity of the seal) checks on exit. Checks on EU consignments will begin on 30 April 2024 in line with those for imports.

Medium risk EU Sanitary and Phytosanitary goods using Great Britain as a land bridge will require health certificates from 31 January 2024. They will be subject to documentary checks on entry and to identity (seal) checks on entry and identity (integrity of the seal) checks on exit. Checks on EU transit consignments will begin on 30 April 2024 alongside checks on EU imports and will be undertaken at the same percentage rates for imports as set out in Figure 3 above.

Low risk EU Sanitary and Phytosanitary goods using Great Britain as a land bridge will not require health certificates or routine checks. However, they may be subject to non-routine/intelligence-led checks.

For plants and plant products

We intend to introduce a simplified approach coupled with surveillance and non-routine checks to monitor the movement of goods using Great Britain as a landbridge. There will be no requirement for pre-notification via the Import of Products, Animals, Food and Feed System (IPAFFS) for entry or exit. Goods will continue to require a signed declaration stating that the goods are under phytosanitary transit and are packaged in such a way that there is no risk of spreading pests through Great Britain.

6.2 What requirements will there be for goods using Transit?

There will be some new requirements for goods transiting GB from continental EU to Ireland and for Irish goods transiting GB to the continental EU or elsewhere.

We have published streamlined transit health certificates and move towards a proportionate level of checks on entry and exit for animal products classified as medium risk. These health certificates will be required from 31 January 2024 for EU goods, and we anticipate that seal checks on EU transits of medium risk consignments will begin from 30 April 2024. Check rates will align with those applied to imports into GB, based on risk category. The date for the commencement of physical checks for non-qualifying goods moving from the island of Ireland will be confirmed in Autumn 2023.

Low-risk animal product consignments using GB as a landbridge will require pre-notification on IPAFFS and will be subject to surveillance and occasional intelligence led checks only. As low risk plant products will be exempt from import health controls into GB, they will not be controlled when transiting either.

Live animals are inherently high risk and cannot be kept in sealed consignments. We will therefore require transit health certificates and 100% documentary, ID and physical checks on entry for live animals using GB as a landbridge but will consider reduced check frequencies for species with additional assurances e.g., high health horses and zoo animals, in line with imports.

Question 7

7. Movements from the Island of Ireland

Accepted Answer

7.1 What does the BTOM mean for movements from Ireland to Great Britain?

Current arrangements for the movement of goods through west coast ports were always intended to be temporary.

Following the agreement of the Windsor Framework, the Border Target Operating Model sets out new arrangements for Irish goods and non-qualifying goods moving directly from the island of Ireland to GB from 31 January 2024. Physical checks on goods arriving at West Coast ports will not begin before 31st October 2024.

We will begin phasing in checks and controls for non-qualifying goods moving from the island of Ireland, while ensuring that Qualifying Northern Ireland Goods continue to have unfettered access to the GB market, whether those goods are moving directly from Northern Ireland to Great Britain or moving to Great Britain from Northern Ireland via Ireland.

This provides clarity to traders on long-term arrangements for goods movements from the island of Ireland to Great Britain and ensures they have sufficient time to adapt to any changes while protecting our commitment to ensure Northern Ireland traders have unfettered access to the GB market.

7.2 How do the BTOM and WF interact?

The BTOM applies to imports from other nations and does not apply to movements of goods within the UK. It does not affect the arrangements laid out in the Windsor Framework for goods moving within the UK.

The Windsor Framework does not require unfettered market access to GB for non-qualifying goods from Ireland, and it is right that these goods will be subject to the same import health and customs controls when they enter GB as those from the rest of the EU.

7.3 What does this mean for unfettered access?

We have guaranteed unfettered access for Qualifying Northern Ireland Goods moving directly from Northern Ireland to Great Britain. And the Government is committed to ensuring that qualifying goods moved from Northern Ireland to Great Britain through Ireland also benefit from unfettered access. These arrangements will be made in domestic legislation, avoiding burdens on both direct NI-GB and indirect NI-Ireland-GB routes.

7.4 What do traders moving goods directly from NI to GB need to do for customs purposes?

The customs processes for both Qualifying Northern Ireland Goods and non-qualifying goods moving directly from Northern Ireland to Great Britain will remain unchanged.

Qualifying Northern Ireland Goods will continue to benefit from unfettered access to the Great Britain market with no new checks and controls, with the existing very limited exceptions, such as where an export declaration is required in order to fulfil our international obligations, for example for the movement of endangered species.

Non-qualifying goods and excise goods moving from the EU to GB via Northern Ireland, need to complete customs declarations and manually notify HMRC of the arrival of their goods in the Customs Declaration Service by the end of the working day following their movement.

7.5 How will the ‘no declaration’ approach for indirect movements of QNIGs work?

Qualifying NI Goods that move from NI to GB via IE will not need import declarations in most cases.

At ports using the Goods Vehicle Movement Service (GVMS), hauliers will still need to complete a Goods Movement Reference (GMR), but for most goods movements hauliers will only need to indicate they are moving Qualifying Northern Ireland Goods.

At inventory linked ports or other locations, similar processes will be used to permit Qualifying Northern Ireland Goods to be released from inventories or local systems without requiring electronic declarations.

HMRC will provide further information in due course about the detailed processes traders and hauliers should follow when moving Qualifying NI Goods via Ireland.

7.6 When will I need a customs declaration when moving Qualifying NI Goods?

There are some exceptions where we will require import declarations to be made for Qualifying NI Goods. QNIGs will require GB import declarations when moving NI-IE-GB if they:

did not merely pass through IE under an itemised travel document setting out the destination of the goods
are excise goods (subject to excise duty or under excise duty suspension) or are on a list of controlled goods that will be published before 31 January
prior to leaving NI, were moved into NI from another country and not unloaded

7.7 How will you prevent abuse of the ‘no declaration required’ approach?

HMRC will monitor the movements of goods moving from IE-GB.

Hauliers and drivers will need to have access to commercial evidence if asked to confirm that their goods are Qualifying Northern Ireland Goods. They will also need access to a travel document issued in the UK setting out the destination of the goods, to show that the goods have merely passed through Ireland. Traders, hauliers and drivers may be subject to penalties or other enforcement action if attempting to abuse this approach to move non-qualifying goods.

7.8 What do traders and hauliers moving goods directly from IE-GB need to do to prepare for full customs controls?

Traders who are sending goods from Ireland into GB should consider how they are going to provide the necessary information to the person making the import declaration.

Those importing goods into GB from Ireland should consider how they are going to submit their customs declarations and pay any duties that are due. They can appoint an intermediary, such as a customs agent, to deal with declarations on their behalf or submit them themselves.

Hauliers moving goods through ports that use GVMS need to have registered for the service and know how to get a goods movement reference. They must be prepared from 31 January 2024 to follow instructions to find out if they need to get their goods checked by customs on arrival, or if they’re able to continue their journey. This includes making sure drivers know to check the status of their GMR before disembarking and can use the ‘check if you need to report for an inspection’ service to understand if goods are held.

7.9 How will you ensure that only Qualifying NI Goods are permitted to enter Great Britain using the unfettered access arrangements?

It is not permitted to move goods through Northern Ireland to avoid the UK tariff or other customs processes. Alongside existing customs anti-avoidance rules, we will ensure measures are in place to prevent avoidance of SPS import processes and, therefore, abuse of the arrangements for Northern Ireland’s unfettered access to the Great Britain market.

Where traders move goods for an avoidance purpose and therefore seek to bypass import checks and controls where these are required, traders may be subject to financial penalties, as well as SPS penalties and enforcement action, up to and including seizure, destruction or criminal sanction.

7.10 When will you introduce documentary and physical checks at west coast ports? Why is this later than in other parts of Great Britain? Won’t this be detrimental to managing biosecurity risks?

The date for the commencement of physical checks for non-qualifying goods moving from the island of Ireland will be confirmed shortly, and will not be before October 2024. The UK Government will work closely with the Scottish and Welsh Governments to develop plans for delivery of checks, as required.

7.11 Are you building a Border Control Post at Cairnryan? If not, where are checks going to take place?

The date for the commencement of physical checks for non-qualifying goods moving from the island of Ireland will be confirmed shortly, and will not be before October 2024. The UK Government will work closely with the Scottish Government to develop plans for delivery of checks, as required.

7.12 Are there any other labelling requirements to be aware of e.g. will TOM affect labelling requirements confirming that consignments originate from the GB?

No, we are not anticipating any additional introduction of labelling under the TOM approach, there are some food labelling changes coming into force from 2024, but these are separate. These relate to the requirements for a UK FBO or importer name and address which will be required from 1 January 2024. The entry into force date was extended in 2022 to allow more time for businesses to prepare. More information is available on food labelling on the Food Standard Agency’s website.

Question 8

8. Other (personal imports, international obligations and trade partners, pets)

Accepted Answer

8.1 Will the new controls affect the movement of domestic pets into GB?

The requirements for the movement of domestic pets to and from GB will not change.

8.2 Will the BTOM affect personal imports to GB, including, for example, travellers bringing French cheese or Italian sausage with them to the UK?

The TOM sets out the policy design for import health controls on commercial consignments and the future regime for goods in personal possession is still being finalised. As with commercial goods however, the rules no longer discriminate in favour of products with an EU origin. We do not intend to prohibit personal imports altogether, and we will set out our new approach, which adopts the same principles of risk assessment and proportionality, in due course.

8.3 Does the BTOM extend to parcel operators; how will the charging model affect them and can they be included in Trusted Trader schemes?

Business-to-business post and parcels are subject to commercial import requirements. Parcel imports of animal products, plants and plant products can carry significant biosecurity and food safety risks.

Currently, any movement of parcels from outside the EU containing animal products, plants or plant products must comply with the same sanitary and phytosanitary (SPS) controls as any other commercial import of these commodities, subject to limited exemptions. From April 2024 the same will apply to commercial imports from the EU. This requirement has also been in place for high-priority plants and plant products from the EU since 1 January 2021.

As part of the UK Government’s ambition for a world leading border, Defra is working with others to develop policy on the delivery of a robust and efficient SPS regime for the movements of non-commercial parcels into Great Britain. A further announcement will be made in due course.

8.4 Will there be any changes to the 999L Waiver in CDS?

Departments are in consultation regarding the 999L waiver and we will ensure any communications regarding its use are timely and allow for businesses to adapt to any changes.

Background for reader: What is the CDS waiver 999L? In 2022 HMRC added the waiver code ‘999L’ to the UK Trade Tariff in CDS for imports and exports movements. CDS waiver 999L is a solution to support businesses moving from CHIEF to CDS. It was specifically designed to increase the number of successful declarations and make it simpler to submit import and export declarations. It was implemented to address concerns around the change over from CHIEF to CDS and the loss of code ‘LIC 99’. A blanket ‘LIC99’ is a licence waiver code for use on CHIEF and was introduced in 2014.

The waiver code 999L is to be declared for prohibited and restricted goods, allowing declarants to confirm that the goods are not subject to specific licensing measures i.e. a specific licence is not required to import or export the declared goods. This eliminates the need to fill out different document codes for a single goods item, as would ordinarily be needed where those goods are subject to more than one licence measure but are exempt from the controls. Entering document code 999L once against that goods item will satisfy all measures those goods are exempt from.

This was a temporary implementation in CDS until September 2023. With the temporary measure due to end, industry may ask about its continued use and the position of the waiver.

At this time discussions are ongoing.

8.5 How do illegal, unreported and unregulated (IUU) fishing controls align with the Border Target Operating Model?

If you are importing fish into Great Britain from another country you must already follow the UK’s Illegal, Unreported and Unregulated (IUU) fishing requirements. IUU fishing documentation (catch certificates, processing statements and evidence of storage) must be sent in advance to the relevant Port Health Authority (PHA) for imports of fish and fishery products.

Certain exemptions apply as outlined in Annex I of the UK’s IUU fishing regulation. These requirements are separate, and in addition to, sanitary and phytosanitary requirements. Contact the PHA to find out how far in advance you need to send the documents - but the minimum timings set in the legislation are 72 hours in advance for imports by sea, 4 hours by rail or air and 2 hours by road.

In the future these documents will need to be uploaded on to IPAFFs, but Defra will provide notice in advance of this becoming a requirement. PHAs charge a fee to recover costs for checking these documents (or, if deemed necessary, performing a physical inspection). These fees are set by individual authorities and will therefore vary. PHAs and the Marine Management Organisation are responsible for enforcing these requirements and may take enforcement action where appropriate.

8.6 How do requirements for timber and timber products align with the BTOM?

Imports of timber and timber products from the EU will remain subject to due diligence checks to ensure the goods have not been illegally harvested as set out in the UK Timber Regulation.

The UK Timber Regulations (UKTR) apply to imports into Great Britain and to timber placed on the market within Great Britain. The primary objective of the UK Timber Regulations is to tackle illegal logging and to create a demand for legally harvested timber. The UK Timber Regulations prohibits the placing of illegally harvested timber and timber products on the GB market and requires operators, those first placing such products on the GB market, to exercise due diligence. Those who trade in timber and timber products after they have been placed on the market are required to keep records of who they buy timber products from and any traders they sell them to. This enables timber and timber products to be traced.

Question 9

9. Pre-notification and the Common Health Entry Document (CHED)

Accepted Answer

9.1 What is IPAFFS?

The Import of products, animals, food and feed system (IPAFFS) is used to notify enforcement authorities about imports to Great Britain.

9.2 What is a CHED?

A CHED is a Common Health Entry Document import notification and is already used for imports arriving into GB from non-EU / EFTA countries.

The CHED has several parts, and the Person Responsible for the Load (PRFL) is responsible for submitting the CHED Part 1 import notification for a consignment on IPAFFS, this includes responsibility to comply with the requirements within the CHED declaration.

The PRFL can be the importer or an agent acting on their behalf, but from the point that the CHED Part 1 is introduced, they must be a UK entity with an IPAFFS account registered with a UK address.

9.3 Who will need to log into IPAFFS to make the notifications?

The Person/operator responsible for the consignment.

9.4 How far in advance of the consignment arriving in GB do you submit the CHED import notification?

The requirement for IPAFFS prenotifications to be submitted one working day ahead of an animal product consignment’s arrival in GB is an existing requirement for goods from the EU, excluding goods from the island of Ireland. The requirement will remain as is from 31 January for those EU goods it currently applies to, and will be introduced for EU and non-qualifying Northern Ireland goods from the island of Ireland.

The way in which this requirement will be enforced will also remain unchanged from now in the January-April period. This aligns with our wider approach to implementation. From the point that controls at the border are introduced, it will be possible for PHAs to derogate from this requirement and reduce the pre-notification window to a minimum of four hours.

9.5 I already use IPAFFS to notify authorities when I am importing POAO - do I need to use a different system to create a CHED?

No – you will use IPAFFS as usual. You will just see some changes to the questions and the information you need to provide. IPAFFS will automatically determine the type of notification required.

9.6 I use IPAFFS for import notifications for importing Products Of Animal Origin from a non-EU country. What’s changing for me?

There’s no change. You already create and submit a CHED import notification and you must continue to attend a border control post upon arrival in Great Britain.

9.7 Do I need to manually choose which notification to make in IPAFFS – CHED or IMP?

No, IPAFFS will automatically route Traders to complete a CHED Part 1 import notification as opposed to an IMP format import notification.

If you also import other types of products from EU and EFTA countries you may still see questions that follow the IMP format for the import notification, until the CHED is phased in for that particular product.

9.8 Will I be able to use the ‘Copy as New’ function from 31 January?

You will not be able to use Copy as New function on previous IMP notifications from 31 January. Once you have created and submitted your first CHED import notification, you will be able to use ‘Copy as New’ on the CHED you have created, and any subsequent CHEDs.

9.9 Will I be able to use the Amend function on my existing IMP notifications from 31 January?

The Amend option will still be available for your existing IMP notifications to allow users to upload health certificates to existing IMP notifications.

9.10 Is it possible to save a draft and come back and update the CHED Part 1 import notification with extra info such as number of packages once they have been packed and it’s known for sure?

Yes, up until the point that you submit the import notification you can save a draft and change the answers as needed.

9.11 I heard that there is a declaration that you need to agree to, before you submit the CHED Part 1 import notification – what is that?

The CHED includes a declaration that the person or operator making the CHED notification will take full responsibility for the consignment when it arrives at the port of entry in Great Britain.

9.12 From 31 January, will we still see previous IMP import notifications on our account?

Yes – previous IMP import notifications will still be listed on the dashboard. The Amend option will still be available to allow users to upload certs but you will not be able to use the Copy as New function on a previous IMP notification. Once you have created and submitted your first CHED import notification, you will be able to use ‘Copy as New’ on the CHED you have created, and any subsequent CHEDs.

From 31 January 2024 IPAFFS will prompt importers of POAO from EU, EEA and EFTA countries to complete Part 1 of the Common Health Entry Document (CHED). You’ll see some changes to screens in IPAFFS and will need to know the risk category of your goods.

9.14 Why are these changes happening?

The introduction of the CHED Part 1 supports the risk-based approach to biosecurity controls being introduced under the Border Target Operating Model, and increased digitisation of health certificates . Importers making pre-notifications in IPAFFS from non-EU countries for such products already complete Part 1 of the CHED, so there’s no change .

9.15 How do I find what my commodity’s risk is?

You can check the risk category of the commodities in the consignment on the GOV UK risk category guidance pages. Use the risk categorisation tables/spreadsheet to confirm your risk level see here. You will also find important guidance to understand the risk levels to make an informed decision. You will need to know the risk categories of the commodities in the consignment in order to complete the CHED Part 1 import notification.

9.16 Where can I find more information about my consignment’s risk category?

You can visit the GOV UK website and search for the trader guidance and the risk categorisation spreadsheet. You will need to know the risk categories of the commodities in the consignment in order to complete the CHED Part 1 import notification.

9.17 What happens if my goods are categorised as High or Medium?

If you input a high or medium-risk commodity code during pre-notification on IPAFFS, you will automatically be routed to the ‘Health certificate required’ screen and will need to upload a health certificate.

9.18 What happens if my goods are categorised as Low?

If you input a low-risk commodity code during pre-notification on IPAFFS, a health certificate is not required.

9.19 How do we attach the health certificate to the CHED. Historically this was just uploaded as a PDF but understood the rules have changed as we cannot just upload anymore?

If the health certificate has been created and digitally signed in the EU’s TRACES system, you can use the ‘Clone a Certificate’ function in IPAFFS, when it is available, to automatically attach a verifiable, digitally signed PDF of the health certificate to the import notification.

If you create a CHED Part 1 import notification manually and your EU and EFTA supplier or official vet provides a verifiable health certificate digitally signed by an official vet or competent authority, they will not need to send the original (paper) health certificate with the consignment.

They must download the digitally signed certificate directly from TRACES as a PDF and send to the person making the import notification. Upload this to the import notification in IPAFFS.

If the exporter does not use an official verifiable PDF, they must send the original paper health certificate with the consignment and send the person making the notification an electronic copy, such as a PDF of a scan or a photo, to attach to the import notification in IPAFFS.

9.20 What information needs to be aligned between the custom clearance and IPAFFS notification?

Whoever is completing the customs declaration for you should make sure that the first 4 digits of the commodity code, the net weight and the CHED Part 1 import notification reference are the same between the customs declaration on HMRC’s Customs Declaration Service (CDS) and your import notification on IPAFFS.

9.21 Will I need a CHED reference number for customs declarations?

For custom declarations the CHED reference number will continue to be included in the customs declaration. From 30 April 2024, please make sure that the CHED reference is provided in the correct format to avoid unnecessary contact with authorities.

IPAFFS CHED reference format: CHEDP.GB.2024.1234567

Customs declaration format: GBCHD2024.1234567

+Doc code N853 signifies CHED-P

9.22 Currently we notify on IPAFFS 7 to 10 days prior to arrival. However, the commodity codes we use will only generate IMPs. Therefore if they are locked until go-live date of 31 January 2024 we are going to hit problems. Will IPAFFS be modified to allow draft CHEDs to be raised in advance of the go-live date?

You can continue to create an IMP format import notification (that is an import notification for EU to GB animal products) in IPAFFS up until midnight on 30 January. After that you will no longer be able to create an IMP notification and will be asked to create a CHED Part 1 import notification in IPAFFS.

9.23 Should we complete the question asking for the Approved Establishment of origin for low risk animal products?

Yes, where required. The question asks for you to select the name of the approved establishment from a drop-down list – use the search options to filter the list. The information should be in the import documentation for the consignment or ask your exporter/supplier.

9.24 How can I add more than one place of origin to one CHED Part 1 import notification?

IPAFFS only allows for one country of origin to be entered per CHED Part 1 import notification.

For medium-risk animal products a CHED notification in IPAFFS should cover one GB health certificate, from one country of origin (for example, the EU Member State), going to one destination. For low-risk animal products, the notified products on a CHED import notification in IPAFFS would need to be from one country of origin and going to one destination.

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