Summary
On 11 March 2021, the UK government announced the deferment until 2022 of its planned phase 2 and phase 3 controls on goods crossing an EU/UK border. This has reduced concerns over potential disruptions of UK imports of fresh produce in the coming months and provides a 9-month breathing space for the UK authorities to set in place border control infrastructure and services which are ‘fit for purpose’. This deferment benefits EU producers, but largely leaves ACP exporters serving UK markets along triangular supply chains unaffected. ACP exporters will still face the dilemma of choosing between entering the EU customs union so as to benefit from the light UK import controls applied to EU products and losing ‘originating status and facing MFN tariffs, which is the consequence of leaving customs supervised transit arrangements. Clearly there is an urgent need to address specific ACP triangular supply chain issues if the functioning of many of these ACP triangular supply chains are not to be fundamentally undermined. Read more “UK Deferment of Implementation of Phase 2 and Phase 3 UK/EU Border Controls Leave Problems Faced By ACP Triangular Supply Chain Exporters Unaddressed”
Category: SPS / Food safety
UK Kenya Agreement Leaves Triangular Supply Chain Issues Unresolved but Suggests Progress on Rules of Origin Issues Could be Possible
Summary
A Kenya-UK trade agreement has been concluded which preserves duty free access for Kenyan exports to the UK market beyond 31st December 2020. However, this agreement fails to avoid potential disruptions of all current supply routes for tariff free access to the UK market. This is a result of the failure to address future trade issues along triangular supply chains, which serve the UK market via initial landing in the EU. This issue is of considerable importance to the East African region, given the current routes used in serving the UK market in major export sectors (e.g. cut flowers). In the context of a no-deal UK departure, issues will also arise for other major ACP triangular supply chains where some repackaging or simple processing takes place in the EU prior to onward shipment to the UK. These triangular supply chain issues need to be urgently addressed. While the relaxation of UK phytosanitary controls could facilitate an expansion of Kenyan exports to the UK, this is highly unlikely in the livestock sector. Rules of origin improvements could prove relevant in other ACP-UK EPA contexts and should be studied closely. Finally, the 7-year moratorium on tariff reductions defers any immediate conflicts between the implementation of the UK-Kenya agreement and the maintenance of a common external tariff for the East African Customs Union Read more “UK Kenya Agreement Leaves Triangular Supply Chain Issues Unresolved but Suggests Progress on Rules of Origin Issues Could be Possible”
The Prospect of UK Port Chaos Could Open Up Opportunities for the UK Government to Fulfil Its Policy Commitment to Ensuring Continuity in Trade With Developing Country Partners Within the Brexit process
Summary
With some UK ports already facing unacceptable delays in unloading ships and with the BPA warning of the ‘impossible’ demands for the implementation of new import controls in 2021, setting in place border clearance systems to facilitate the continued smooth flow of ACP fresh food and plant products to the UK via ports of landing in the EU would appear a ‘no brainer’. The establishment of a “Green Corridor” system for the border clearance of products where necessary phytosanitary and safety controls have been caried out upon entry to the EU, and duty-free/quota -free access is enjoyed to both the EU and UK market, would appear a simple means of easing pressure on UK ports. What is more, it would simultaneously fulfil the Uk governments policy commitments to ensuring ‘continuity’ in trade with developing country partners within the Brexit process. Read more “The Prospect of UK Port Chaos Could Open Up Opportunities for the UK Government to Fulfil Its Policy Commitment to Ensuring Continuity in Trade With Developing Country Partners Within the Brexit process”
Conditional Lifting of South African HPAI Import Ban on Dutch Poultry Meat Follows New HPAI Based Ban on Polish Poultry Meat
Summary
In January 2020, the South African government introduced HPAI based restrictions on poultry meat imports from Poland. Within 5 weeks similar restrictions on imports from the Netherlands, which had been in place since the beginning of 2017 were lifted. However, this was conditional on the validated certification the birds from which the meat was derived had been raised and processed in the Netherlands. The EU strongly objects to these conditions. In the fourth week of April the South African authorities were notified of the launching of a dispute settlement case under the EU-SADC EPA. This case was however immediately suspended in light of Covid-19 related constraints. South Africa’s conditional opening of its market to Dutch poultry products needs to be seen in light of the multiple HPAI outbreaks across Europe, the pan European nature and intra-corporate sourcing practices of European poultry companies and the serious constraints on the operation of South African SPS import controls in the face of the Covid-19 pandemic Read more “Conditional Lifting of South African HPAI Import Ban on Dutch Poultry Meat Follows New HPAI Based Ban on Polish Poultry Meat”
Variable Application of Citrus Sector Phytosanitary Import Controls Highlights Practical Challenges of Regulatory Alignment in Future UK/EU Relations
Summary
The huge discrepancy in Citrus Black Spot interception rates between Spanish, Dutch and UK border control authorities raises questions as to the commonality of current control measures implemented by EU member states. It also raises questions as to the extent and nature of future regulatory alignment requirements once the UK leaves the EU customs union and single market. This is an important issue for ACP exporters who use triangular supply chains in delivering short shelf life, fruit, vegetables and cut flowers to the UK market. Minimising SPS controls at EU/UK borders will be critical to the future commercial viability of these routes to UK markets. Current Covid-19 flexibilities and innovations in the exercise of official controls could hold some important lessons for future EU/UK SPS border controls, particularly if the policy focus was on the practical outcomes in terms of the phytosanitary protection of domestic agricultural production, rather then the modalities for the application of controls. Read more “Variable Application of Citrus Sector Phytosanitary Import Controls Highlights Practical Challenges of Regulatory Alignment in Future UK/EU Relations”
New EU MRLs Highlight the Difficulties in Securing International Consensus on SPS Issues, Despite EU’s Dominant Role in Setting Regulatory Standards
Summary
The EU continues to set and re-set pesticide and fungicide Maximum Residue Level (MRLs) at far stricter levels than internationally agreed standards. ACP exporters serving EU markets have no option but to comply or exit the EU market. Freshfel’s call for ‘better defined international standards’ to facilitate EU fruit and vegetable exports, since uneasily with the unilateral standard setting practiced by the EU, which regularly presents new compliance challenges for ACP fruit and vegetable exporters. This raises important policy issues regarding the EU’s role in the de facto setting of international standards and the limitations of SPS chapters and institutional mechanisms established under trade ACP-EU FTAs for ensuring EU markets remain open to ACP products which comply with agreed international regulatory standards. Read more “New EU MRLs Highlight the Difficulties in Securing International Consensus on SPS Issues, Despite EU’s Dominant Role in Setting Regulatory Standards”
Absence of Clear Region of Origin Labelling of Poultry Suggests a Need for Pre-emptive Import Restrictions as Spread of Highly Contagious AI Spreads Across Europe
Summary
The spread of highly contagious avian influenza (AI) across Europe in the absence of clear place of origin labelling of the birds from which poultry meat exports are derived, would suggest a need for the pre-emptive introduction of import restrictions where domestic ACP poultry production could be vulnerable to infection. If the EU wants to keep export markets open in the face of periodic outbreaks of high contagious AI within Europe, then mandatory labelling of the place of origin of the birds from which poultry meat exports are derived would appear to be essential. Read more “Absence of Clear Region of Origin Labelling of Poultry Suggests a Need for Pre-emptive Import Restrictions as Spread of Highly Contagious AI Spreads Across Europe”
Opening Salvoes Setting Out UK ‘Redlines’ in UK/EU Negotiations Pose Challenges for ACP Triangular Supply Chains
Summary
The UK governments rejection of binding commitments on regulatory alignment with the EU and insistence on preparing for full border controls if a comprehensive FTA with the EU cannot be agreed and in place by 1st January 2021 is causing concern in business circles. The British Ports Authorities has described this new policy approach as likely to create a situation which looks ‘a bit like a no-deal’. This could seriously disrupt the functioning of ACP supply chains which serve UK markets for short shelf life horticulture and floriculture products via initial ports of landing in EU27 member states. Special arrangements for the handling of this onward trade are required if a range of ACP exporters of short shelf life horticulture and floriculture products are not to be driven out of the UK market. These special arrangements need to be agreed in a matter of weeks if private sector operators are to make the necessary investments in ensuring the continued smooth flow of ACP goods to the UK market along these triangular supply chains from 1st January 2021. Read more “Opening Salvoes Setting Out UK ‘Redlines’ in UK/EU Negotiations Pose Challenges for ACP Triangular Supply Chains”
The UKs Commitment to Regulatory Divergence Could Complicate Functioning of ACP Triangular Supply Chain Exports to the UK Market
Summary
Recent statements by the UK government committing it to regulatory divergence from the EU once it has left the EU customs union is causing concerns in the UK food and drink sector that this will sound the death knell of frictionless trade with the EU. While it remains unclear to what extent the desire not to be governed by EU defined rules will translate it actual regulatory divergence, serious issues arise for ACP exporters of short shelf life agri-food products who serve the UK market along supply chains which pass through EU27 member states. This is leading to calls for the UK and EU authorities to:
- waive any need for customs checks for good transiting EU27 member states where duty free-quota free access if enjoyed to both the UK and EU27 markets under parallel ‘rolled-over’ trade arrangements;
- waive any need for UK phytosanitary checks on the basis of an EU commitment to the continued conduct of phytosanitary checks on imports destined for the UK market;
- the communication of these commitments to concerned supply chain stakeholders and supporting the establishment of logistical and administrative arrangements to ensure the continued smooth flow of short shelf life products along triangular supply chains.
Entry into Force of New EU Plant health Regulation Could Pose Serious Challenges for ACP Horticulture Exporters
Summary
EU phytosanitary controls are becoming increasingly stringent and administratively demanding. Almost all fruit and vegetable products will now require phytosanitary certificates and be subject to document checks which are being applied with varying degrees of rigour by different national EU phytosanitary authorities. For high risk products comprehensive documentation on control measures in place will need to be submitted in advance, if continued access to the EU market is to be allowed. These stricter EU import controls will require the adoption of pre-export pest control and verification measures. The costs increasing effects this gives rise to could drive smaller ACP exporters out of the EU market, although it is Kenyan pepper exports who have been the first to diversify away from the EU market to lower priced but more reliably accessible markets in the Middle East. The scale of ACP exports potentially adversely affected is huge. However, the UK’s departure from the EU customs union and single market could offer some relief if future UK risk assessments for phytosanitary controls were to be based solely on UK agri-climatic conditions and patterns of production and not pan EU agri-climatic conditions and patterns of production. Read more “Entry into Force of New EU Plant health Regulation Could Pose Serious Challenges for ACP Horticulture Exporters”