101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 163 Importing high-risk food and animal feed if there’s no Brexit deal Purpose This notice provides information to certain businesses on action they would need to take before EU exit to ensure that trade can be maintained in a ‘no deal’ scenario. It’s specifically aimed at UK businesses that import food and animal feed both from EU and rest of the world. The notice informs them of: changes to the IT system for pre- notifying the import of high-risk food and feed from outside the EU, changes to the import requirements for high-risk food and feed transiting through the EU from a non- EU country to the UK, a new requirement for the pre-notification of the import of high-risk food and feed originating within the EU Before 29 March 2019 The current regime for importing high-risk food and feed into the UK is regulated by EU legislation. ‘High-risk’ means: all products of animal origin (POAO) specified food and feed not of animal origin (FNAO), Checks are made at the border on high-risk food and feed from third countries. There are no routine checks on the import of food and feed from other EU countries. Imports to the UK from outside the EU (third country trade) - notification of imports using TRACES Consignments of high-risk food and feed from countries outside the EU must be pre-notified at their point of entry into the EU, using the import module of the EU Trade Control and Expert System (TRACES) system. This means that, where a consignment from outside the EU enters the EU, the UK port or airport is made aware of the consignment’s expected arrival to ensure the appropriate safety checks are carried out before its release onto the market. Information on the EU’s TRACES system can be found at the European Commission’s website. Imports to the UK from within the EU Pre-notification is currently required only when high-risk food and feed from third countries is being imported into the EU. Import controls - Transit consignments High-risk food and feed products originating in countries outside the EU, destined for the UK, which enter the EU to transit onwards to the UK (transit consignments) are subject to relevant imports controls at the first point of entry into the EU. Once they have entered the EU, these products can then enter the UK by any route and no additional controls are required. After March 2019 if there’s no deal Currently, the EU determines what FNAO is to be considered high-risk. In future, on any imports to the UK from the EU and third countries, this will be for the UK to decide. Import controls would be risk-based. Broadly, because the risk does not change on day one, no new controls are planned for imports from the EU of food and feed currently categorised as high-risk. Pre-notification for TRACES users If the UK leaves the EU in March 2019 with no deal in place, it is anticipated the UK would no longer have access to the EU import notification system, TRACES. This means importers to the UK from the rest of the world will no longer be able to use TRACES to notify the UK about those goods. To ensure those importing high-risk food and feed could continue to do so, a new import notification system is being developed to take the place of TRACES. More information on the new system will be published in the autumn. Imports from the EU The UK would also lose access to the systems for exchanging intelligence about food incidents between EU countries and the reciprocal obligations between those countries and the European Commission. In order to respond to food safety incidents effectively, the Food Standards Agency (FSA) intends to require all importers of high risk food and feed from the EU to pre-notify them using the new UK import notification system. Currently no EU FNAO is designated as high risk. Import controls – consignments transiting the EU If the UK leaves the EU in March 2019 with no deal in place the UK will no longer be able to rely on the EU undertaking full import controls on high-risk consignments transiting through the EU to the UK. The goods will therefore need to be checked as they enter the UK. Implications Broadly, because the risk is not expected to change on day one, no new controls are envisaged in relation to imports of high-risk food and feed from the EU for a time limited period after Exit. Pre-notification for TRACES users Anyone currently using the TRACES system to pre-notify the UK about high-risk food and feed product imports from the rest of the world will need to start using the UK’s new import notification system, ahead of March 2019. Updates will be issued to the industry between now and March 2019 to assist users to prepare for this change and ensure their own businesses are ready for imports on the day the UK leaves the EU. Representatives from key user groups are involved in the design, testing and preparation of the system. Guidance and training material will be available several months in advance of March 2019 clearly setting out any differences from the existing system, although these will be minimal as it has been developed to replicate TRACES functionality.