Changes to the Border Target Operating Model, the UK Government’s Final Plans for a New Approach to Importing Goods into Great Britain.

Changes relate to documentation requirements, increased inspections on imported products, and a new charge for imported goods.

If you import products on the high or medium-risk lists – including plants for planting, some cut flowers, some seed and wood types, and machinery which has been operated for agricultural or forestry purposes, you will need to make sure your business is up to date with the new requirements.

The measures form part of a package of measures by the UK Government that aim to synchronise import control requirements between EU and non-EU countries, following on from similar changes introduced for high and medium-risk animal products at the end of January 2024.

Documentation

From 30 April 2024, documentary checks are due to be carried out on 100% of medium and high-risk products imported to the UK. Phytosanitary certificates must show that consignments have been officially inspected and/or tested, comply with legal requirements for entry into Great Britain, and are free from pests and diseases. Certificates must be issued no more than 13 days before or after the date of export.

Prior notification is required for the import of live animals, animal products and by-products, high-risk food and feed, plants, and plant products. Further supporting documentation may also be required depending on the relevant commodity type – for example, catch certificates for fish or fishery products.

Low-risk animal products imported from non-EU countries will no longer require health certificates for import after 30 April, however commercial documents will still be required for these goods.

Inspections

The temporary Place of Destination (PoD) scheme put in place at the end of the transition period came to an end yesterday, which means that high and medium-risk plant products will now need to be checked by a Border Control Post (BCP) or Control Point (CP) operated by Science and Advice for Scottish Agriculture (Scotland) or the Animal and Plant Health Agency (England and Wales). This will include identity and physical checks, alongside the documentary checks set out above.

Government guidance on the new operating model sets out that high-risk products will be inspected 100% of the time the product is imported after 30^th April 2024. For medium-risk products, this will be between 1-30%.

Low-risk products are currently exempt from plant health controls but may still be subject to intelligence-led and non-routine inspections. Some medium-risk EU fruits and vegetables are currently to be treated as low risk, but it is expected that the list will evolve over time.

The Common Charge

Where animal or plant products are being imported through government-run BCPs in England and Wales, a Common User Charge will become payable. This may extend to goods that enter Scotland in future. Private facilities will impose their own charges. There are some exemptions for the charge, but where applicable these will be calculated for each commodity line in a Common Health Entry Document (CHED), up to a maximum of £145.

This will be £10 or £29 for most imports, and the charge for the highest risk category due to be imported will apply to all commodity lines. This means if one high risk and four low risk products are being imported under the same CHED, a total of 5 x £29 will be payable: £145.

This sum will be in addition to any inspection fees applied by the Port Health Authority and the Animal and Plant Health Agency.

Further measures are due to be implemented to deter late payment and payment avoidance, and information on compliance measures is due to be published before the first invoices are issued.

Agents

Where import agents are acting on behalf of importers, care must be taken when completing import documentation. The UK Government has warned that where an agent working under delegation of authority provides their own billing details, they could be charged for all import charges for that importer, including notifications made by other agents.

Failure to comply with existing import controls and the new changes is a criminal offence, with potential for unlimited fines and imprisonment in some cases. If you are importing products to the UK and need support with your compliance process, please get in touch.

By Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

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