Legal briefing | 25 Jan 2024 |

Importing EU goods into the UK: what's changing?

After much delay, the UK is finally introducing full border controls on imports of goods from the EU. We look at what's changing over the course of the next 12 months.

Importing goods from the EU since 2021

Since the end of the Brexit transition period on 31 December 2020, goods imports from the EU have continued to be treated differently from imports originating in the rest of the world. Broadly, these differences can be summarised as follows:

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

But not for much longer.

What's changing?

The following changes are expected to be introduced this year:

All EU goods (including agri-food)

Safety and security declarations to be required from 31 October 2024; this will bring EU imports into line with the documentary requirements for imports from elsewhere.

EU agri-food products only

Phasing in of additional controls to bring the following EU imports into line with the requirements applied to imports from elsewhere: (i) medium risk animal products, plants, plant products and (ii) high risk food and feed of non-animal origin:

31 January 2024: health and/or phyto-sanitary certificates required;
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's the impact?

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, Q2 and Q4 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 necessitate changes to transport arrangements.
Higher prices? More widely, these changes are likely to increase costs, which may in turn have an adverse impact on inflation, particularly in the food sector. Prices could also be adversely affected if the changes prompt some EU suppliers to stop supplying the UK, resulting in less competition with other suppliers.

It is possible that goods imported from the rest of the world may benefit from certain simplifications of existing processes. However, whether this will be sufficient to offset any negative impacts from the introduction of controls on EU imports remains to be seen.

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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