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IMPORTANT: SPS AGREEMENT ANNOUNCEMENTS DETAIL LEGISLATION IN SCOPE

Government have published several announcements this week in relation to the ongoing negotiations on the Sanitary and Phytosanitary (SPS) agreement with the EU.

Firstly, the Environment Secretary Emma Reynolds set how UK exporters and importers are expected to benefit from the new agreement with less paperwork, unnecessary delays and spiralling costs, cutting red tape and opening opportunities for growth. Her announcement also urged businesses to take simple steps for smoother trade with the EU.

The government also published a list of legislation which is in scope as well as a summary of what it means for particular sectors. The UK will align with EU Sanitary and Phytosanitary (SPS) legislation;  food and feed safety;  and broader nutrition-related areas such as food supplements, fortified foods, food for specific groups, nutrition and health claims, and nutrition labelling; wider agrifood rules related to food labelling, organics, key agri-food marketing standards and compositional standards; as well as regulation of pesticides and biocides.

Defra have stated that they expect that in many cases, these rules will replace and not add to current rules. And whilst there has been some divergence from EU legislation, in many cases divergence has been minor or minimal.  Defra therefore expect UK legislation will simply align with the EU legislation. This will of course necessitate varying levels of change across sectors, with some affected more than others.

The EU has accepted there will need to be areas where the UK will retain its own rules, as set out in the May 2025 Common Understanding. Details of these are subject to negotiation.

Defra are separately considering what targeted transitional arrangements may be required for those sectors that will find it most challenging to implement the necessary changes ahead of the agreement entering into force.

It is Defra’s intent that the agreement will take effect in mid-2027. However, exact timings of when arrangements will change are subject to the outcome of ongoing negotiations.

Whilst negotiations continue, Defra have called for businesses to take practical steps to get ready:

What businesses can do now

  • Engage with their relevant trade body or industry association: They will be key partners in providing sector-specific guidance and many are already working with government to help members prepare.
  • Engage with your supply chain: To understand any changes that may apply to them.
  • Sign up to Defra email alerts for regular updates: To receive the latest information on negotiations, implementation timelines, and details of guidance and support available, businesses can sign up for Defra email alerts.
  • Respond to the Call for Information: And share views on what support their business needs to prepare through the government’s Call for Information.

Detailed guidance will be published as negotiations progress but, in the meantime, BFFF are closely monitoring the situation and will keep you updated.

As always, we are keen to hear your thoughts on these latest announcements as it will ensure you are effectively represented in our conversations with Government representatives. We would encourage members to contact deniserion@bfff.co.uk with any feedback.

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