Importing EU goods into the UK: more change on the way (and more disruption?)

Following repeated postponements, the UK Government has finally published its plans to introduce full border controls on imports of goods from the EU. We explain what this means in practice and what businesses need to do to prepare.

Note: This briefing was updated in October 2023 to take account of further changes to the timetable for introducing border controls on imports from the EU, announced at the end of August 2023. All dates, including the timeline below have been amended to reflect the position as outlined in the August announcement.

Haven't we been here before?

Following the end of the Brexit transition period on 31 December 2020, it was always expected that the UK Government would (at some point) introduce full border controls on imports from the EU, broadly consistent with its approach to goods from the rest of the world. However, this process has been subject to repeated postponements. As a result, even though UK exports of goods to the EU have been subject to full EU border controls since 1 January 2021, the same is not true of EU imports of goods into the UK. The main reason for the delays was concern that further controls would lead to disruption to goods supply chains.

What's the current position?

Broadly, the current position is that EU imports are treated differently from imports from the rest of the world in the following ways:

Although customs declarations have been required (since 1 January 2022), safety and security declarations are not – so overall, documentary requirements are simpler; and
The stricter set of controls normally applied to agri-food products has so far only been applied in a more limited way to imports from the EU – so in simple terms, it is easier to import many agri-food products from the EU.

What will change?

In April 2023, the Government published a draft plan to bring EU import controls into line with those for the rest of the world. This proposed that the first phase of additional controls on agri-food products, including further physical checks, would be introduced on 31 October 2023, with a second phase following on 31 January 2024. Despite the draft stating that it was the Government's "firm intention" to proceed with the October 2023 milestone, the Government announced in August 2023 that these deadlines would be changed shifted back to January and April 2024. However, it confirmed that the deadline for introducing the requirement for safety and security declarations (which applies to all goods, not just agri-food), would remain the same as in the draft i.e. 31 October 2024.

Taking account of the August 2023 announcement, the timings are now as set out below:

Timings announced in August 2023

Safety and security declarations are expected to be required from 31 October 2024; this will apply to all types of goods. For businesses importing agri-food products from the EU, there will be a phasing in of controls as follows:

31 January 2024: health and/or phytosanitary certificates to be extended to medium-risk animal products, plants, plant products and high risk food and feed of non-animal origin.
30 April 2024: documentary and risk-based identity and physical checks to be extended to the same range of products (NB for medium risk products, physical checks will only be carried out in 1-30% of cases, as compared with the 100% inspection rate for high risk products).

31 January 2024

agri-food products only: health and/or phytosanitary certificates to be extended to medium-risk animal products, plants, plant products and high risk food and feed of non-animal origin
30 April 2024

agri-food products only: documentary and risk-based identity and physical checks to be extended to the same range of products
31 October 2024

safety and security declarations to be required; this will apply to all types of goods

What does this mean?

Imports from the EU will be subject to the same controls as imports from the rest of the world. This means an increase in red tape for EU imports, although various simplifications and improvements to border control processes mean that imports from the rest of the world may benefit from a reduction in red tape.

Practical consequences

For businesses which rely on EU imports, there are two key practical consequences to be aware of:

Disruption as new controls are introduced: Although it is helpful that the controls are being phased in, there may be disruption as businesses and relevant systems adapt to the new rules, particularly around Q1 and Q2 2024. Even if your business and its suppliers are well prepared, an HGV carrying your goods could still be held up through no fault for your own – for example, by lack of preparedness on the part of others which happen to be ahead of it in the queue to enter the UK. For potential mitigation strategies, see section 7 of this briefing.
The impact on groupage for agri-food products: "Groupage" is where goods that you rely on are transported alongside different products, in a "mixed load" (which is often more efficient and therefore cheaper). As the Government recognised in its consultation, the changes for agri-food products may well mean that for those goods, groupage is no longer viable (as it would expose the other goods in the load to potential delays from physical inspections etc) and they will need to be transported separately. This is likely to increase costs.

Are your EU suppliers prepared?

EU suppliers may not be aware of the planned changes – and may have been lulled into a false sense of security by the slow pace of the UK's introduction of post-Brexit border controls on goods. The risk is that if goods arrive at the border without the correct documentation, they may be refused entry, leading to delays and extra costs. If you do not have a direct relationship with your EU suppliers but rely on e.g. UK wholesalers, it is worth asking those businesses what they are doing to ensure that their EU partners are prepared for the changes.

Our Beyond Brexit resources

For more information on the impact of Brexit, see our Beyond Brexit client portal, which includes explainers on subjects such as the UK-EU Trade and Cooperation Agreement and retained EU law, together with a Brexit A-Z by topic, linking to all our Brexit-related coverage.

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