A closer look at the new UK/EU cross-border regime

How to deal with the UK’s new cross-border logistics challenges

The UK’s new cross-border import regime, the Border Target Operating Model, has been coming into force progressively since January 2024. What does it mean for importers and exporters? How much will it cost and how much will it delay cross-border movements of animal and vegetable produce? Ruari McCallion investigates.

After several postponements and delays, cross-border checks on imports from the EU and exports out of the UK are now happening. The new regime, the Border Target Operating Model (BTOM), classifies all plant and animal products being imported into the UK and puts them into three risk groups: high, medium and low.

It has been easy to get the impression that these new checks apply only to imports from the EU; this is not the case. According to the UK government’s commentary and guidance, it is “applicable to imports from all countries into Great Britain, including the EU.” So it applies as much to bananas from the Caribbean as it does to pork from Denmark or cheese from France, in theory.

In practice, trade from the EU is where the impact is most likely to be felt because producers, exporters, logistics companies and importers on both sides of the English Channel / La Manche have got so used to uninspected trade.

Boosting biosecurity

The UK says that the new regime is intended to enhance biosecurity, in particular, in the light of growing threats from animal and plant diseases. It mentions African Swine Fever and Xylella fastidiosa (a bacterium that badly affects plants and requires drastic measures to control) as specific examples.

The potential economic and environmental impacts from such threats are real, and taking measures to control the risks is neither unreasonable nor daft. But the response from several sources, across the board, suggests that the economic impact of the measures themselves may have been underestimated. The UK’s Fresh Produce Consortium (FPC), for example, argues that the process will generate £200 million (€240 million) in additional import costs.

It makes the case that such fees will negatively impact small fruit and vegetable enterprises especially and, ultimately, be passed onto British consumers.

The UK government, on the other hand, claims that BTOM is “cutting Safety and Security data requirements down from the current 37-field dataset to 20 mandatory fields”. However, there is a bit of a sting in the tail of the paragraph in which that claim is made: “There are also up to eight conditional fields, which may need to be completed in certain circumstances. The remaining nine fields will be optional.” Eight conditional and nine optional added to 20 mandatory makes 37, so it is difficult to argue convincingly that the 37 existing (as at August 2023) fields have really been cut to the extent claimed.

A costly exercise?

BTOM classifies all plant and animal products into three risk groups: high, medium and low. The UK government further claims that BTOM will make it easier to submit Safety and Security data through the UK Single Trade Window, which is being implemented in stages from 2024. Staged implementation means that the full benefits, claimed to be simpler paperwork, removal of duplication, a clearer process and a single point of reference, may take a little while to filter through, and, it has to be said, various people are yet to be convinced.

Shelley Pierre, Commercial Director of international pallet pooling company IPP, which is part of the Faber Group, headquartered in Lienden, Netherlands, comments: “New post-Brexit rules governing the biosecurity of fresh produce entering the UK will not only see disagreements over increased costs and operational viability ‘kicking off’. The consequential delays could see fruit and veg literally ‘going off’ while waiting for an ‘all-clear’ certificate.”

She continues: “The UK government has placed many fruit and vegetable imports into the medium risk category, meaning multi-page documentation must be provided confirming its provenance and safety at the new border points, which opened at the end of April. With most fresh produce arriving in the UK in mixed loads, questions have been raised about potential delays and how to unpick the consignments in a timely fashion, particularly as there are question marks over the numbers of inspectors mandated to issue phytosanitary certificates at the border.”

Freshness vs safety

She also makes the point that fresh produce ceases to be ‘fresh’ when it does not arrive in a just-grown or just-picked condition. Independent Freight Solutions (IFS), a freight forwarding agency based in Nuneaton, England, is not particularly impressed, either.

“High- and medium-risk products, primarily food and organic materials such as live animals, plants, seeds, wood, fruits, vegetables and meat, are all impacted,” says Neil Lewis, branch manager, IFS.

He continues: “Businesses will need to take extra certifications into account to ensure they aren’t caught out. Exporters in the EU will need to issue certifications like phytosanitary and vet certificates, and importers will then need to issue a pre-notification through the IPAFFS system 48 hours before arrival in the UK.” (IPAFFS is the UK government’s Import of Products, Animals, Food and Feed System).

"Exporters in the EU will need to issue certifications like phytosanitary and vet certificates, and importers will then need to issue a pre-notification through the IPAFFS system 48 hours before arrival in the UK."

Physical inspections at the border can also be expected, particularly for higher-risk products which are more likely to get stopped, but the reality is that it can affect any shipment.

In general, while it is fair to expect higher-intensity checks for higher-risk products, the new regime is likely to come as a shock to exporters and importers who got used to a much softer inspection system when dealing with the EU. Everything now depends on the number of inspections and documentation issues.

Ensure that you – or your freight forwarder – have the best possible picture before engaging in these types of trade – and be sure to account for foreseeable but not precisely predictable additional expenses and delays. There is more paperwork without a doubt, but costs can be controlled and inconvenience minimised with preparation.