In this week’s EU exit corner, we bring you the latest guidance updates and publications relevant to EU exit. HMRC has sent an email on its new advanced valuation ruling service for the valuation of imported goods, we feature the latest developments in relation to the Protocol/Windsor Framework and DEFRA has published the initial Border Target Operating Model risk categorisation for the imports of animals, animal products, plants and plant products. The latest Trader Support Service and Borders Weekly Stakeholder Bulletins are also available.
DEFRA initial Border Target Operating Model risk categorisation
On 28 April, DEFRA published the initial Border Target Operating Model (“BTOM”) risk categorisation for the imports of animals, animal products, plants, and plant products of EU and EFTA origin (excluding Norway and Iceland for plants and plant products).
This sets out the controls that will apply to these goods when they are imported into Great Britain from 31 October 2023, as set out in the draft TOM published on 5 April. The TOM describes broad categories of high, medium and low risk, and this categorisation gives the details of how the new Sanitary and Phytosanitary (“SPS”) regime, as set out in the draft TOM, will be applied.
For animals and animal products, the categorisation is derived from a scientific assessment of the biosecurity and food safety risk that each commodity poses, weighted against the disease and pest risk of the country of origin. For plants and plant products, an equivalent process is in place to categorise commodities according to biosecurity risk. The categorisation is designed to be dynamic to respond to changing risks.
There are some specific commodity groups (some dairy, composites and fruit and veg) where further risk assessment is ongoing. These have been placed in the 'low’ TOM risk category from October 2023, pending further risk assessments. Any changes to these TOM risk categories will not take place before April 2024 and the Government will communicate with traders well in advance of any changes to commodity categorisation.
The EU will be treated as a single epidemiological entity therefore all imports from the EU countries will have SPS controls applied consistently.
If you import food products, live animals, animal products, plants or plant products from the EU into GB, it is recommended that you check the TOM risk-level of your commodity to be ready for upcoming changes to border processes.
To view the plants and plant product TOM risk categories click here. The animals and animal products TOM risk categories are here.
The TOM includes a commitment to streamline the format and content of the Export Health Certificates (“EHCs”) for Animals and Animal Products imported to GB. The new GB model certificates do not change the requirements for importing animal and animal products into GB. The GB EHCs will be shorter and more logical in their format than the existing GB EHCs. The new GB EHCs for products of animal origin (“POAO”) and a number of animal by-products (“ABP”) has been published here.
The remaining APB EHCs will follow by mid-May 2023. All high and medium-risk POAO and ABP imported into GB from EU/ EEA countries will need to use the new GB EHCs from 31 October 2023. New model EHCs for live animals and germinal products are targeted for publication in the summer.
Update on the Protocol/Windsor Framework
The Specialised Committee on the Implementation of the Windsor Framework met last month on Thursday 27 April. This Committee is made up of UK Government and European Commission officials. After the meeting, a joint statement was released.
Last week, various European Parliament Committees voted unanimously to approve the proposals on SPS measures, and human medicines, which will give legal effect to the arrangements in these areas in the Windsor Framework.
Miscellaneous updated guidance etc.
The latest guidance updates, and publications relevant to EU exit are as follows:-
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