EU Exit Guidance

While it is the position of the Scottish Government that Scotland is better off remaining in the EU, preparations are underway for the UK’s exit from the EU.

This page contains information relating to EU exit preparations for all subject matters falling under SASA’s remit.

This information is in development and will be regularly updated. If you cannot find guidance for specific issues relating to the above please contact euexit@sasa.gov.scot.

LATEST
Pesticides EU Exit guidance updated 15/10/19

 

Fertilisers EU Exit Guidance

last updated:  2/9/19 

Fertiliser Regulations and Brexit

The four UK administrations have been working together to ensure fertiliser regulations that will be converted into UK law in the event of a no deal remain operable and allow continued protection of human health and the environment, and stability for businesses and consumers.

The current EC label requirement will be replaced with a UK label requirement and conformity tests will be required to be carried out by UK labs.  There will be a two year transition period for fertilisers marketed in the UK under current EU regulations, that is, products sold as EC fertilisers can continue to be marketed in the UK with the same packaging for two years as long as they continue to comply with EU regulations.  We expect supply of fertilisers to remain consistent.

More information on the new UK fertiliser label, trading with the EU and EEA and ammonium nitrate imports can be found in a guidance note, prepared by Defra in consultation with the devolved administrations.

 

Fresh Fruit and Vegetable Marketing Standards EU Exit Guidance

last updated:  2/9/19 

While it is the intention of the UK Government to leave the EU with a deal, it is the responsibility of the UK and Scottish Governments to prepare for the possibility of a ‘no deal’ Brexit. If the UK leaves the EU without a deal some of the import and export processes for fresh fruit and vegetables that are subject to marketing standards will change.

There will be no changes to the process of importing and exporting fresh fruit and vegetables with non-EU third countries in a no-deal scenario.

If the UK leaves the EU without a deal the EU will become a third country for the purposes of trade with the UK. To help facilitate the efficient import of produce from the EU into the UK, importers will not be required to apply for a UK-issued certificate of conformity ahead of arriving in the UK. There will be increased inland inspections of produce to ensure that the quality of produce is maintained. Exporters from Scotland to the EU will be required to apply for a UK-issued certificate of conformity for produce covered by the Specific Marketing Standards which can be obtained by contacting the SASA’s Horticulture and Marketing Unit on hort.marketing@govt.scot. It is advised that Scottish exporters also contact the appropriate authority in the final destination of their exported produce to obtain a EU-issued certificate of conformity.

For further information the UK Government have issued a guidance note for fruit and vegetable importers, packers, distributors and retailers on the changes to the marketing standards if the UK leaves the EU with no deal.

Pesticides EU Exit Guidance

last updated:  15/10/19 

Stakeholder event

The HSE and the Department for Environment, Food and Rural Affairs (Defra) will be holding a stakeholder event in York on 29 October 2019. The event will cover EU Exit and its impact on the Plant Protection Products (PPP) and the Biocidal Products Regulation (BPR) regimes in a no-deal scenario. For more information on the event and to book your place please can be found [here].

Pesticide Regulations and Brexit

While it is the position of the Scottish Government that Scotland is better off remaining in the EU, preparations are underway for the UK’s exit from the EU. The four UK administrations have been working with the Health and Safety Executive (HSE) to ensure new regulations are similar to those in place before Brexit to protect human health and the environment and to provide stability for businesses and consumers. 

The rules will be different depending on how the UK leaves the EU.  The guidance below will help you prepare for each scenario. 

HSE will continue to operate as the UK’s regulator in both deal and no deal scenarios.

 

 

Plant Breeders' Rights / Plant Variety Rights

What businesses need to do to apply for DUS testing and/or plant variety rights after Brexit

Further guidance on Plant Breeders' Rights, variety registration (National Listing) and marketing of seeds and plant reproductive material can be found on the [UK Government website]

Plant Health EU Exit Guidance

last updated:  4/9/19 

Importing and exporting plants and plant products if there’s a no deal Brexit

The following guidance is for the import and export of plants and plant products if there is no withdrawal deal between the UK and the EU. 

  1. Importing plants and plant products from the EU
  2. Importing plants and plant products from third countries via the EU
  3. Exporting plants and plant products to the EU
  4. Moving controlled plants and plant products within the UK
  5. Exporting forest reproductive material in the event of a no deal
  6. Plant passports and pest free areas
  7. Changes to Protected Zones if the UK leaves the EU without a deal
  8. How to find your relevant UK Plant Health Authority
     

1.   IMPORTING PLANTS AND PLANT PRODUCTS FROM THE EU 

The majority of plants and plant products (including fruit, vegetables and cut flowers) imported from the EU will continue to enter the UK freely.
 
After the UK leaves the EU, any plants and plant products currently managed under the EU plant passport scheme will be subject to UK import controls and become ‘regulated commodities’.  This replaces the EU plant passport’s assurance and traceability, and maintains biosecurity. Those products that currently require a plant passport from the EU will require a phytosanitary certificate, you can find a list of these plants and plant products on the [APHA website].  
 
If you wish to import plants or plant products currently managed under the EU plant passport scheme, you’ll need to:

  • check with the relevant UK plant health authority to find out if consignments need a phytosanitary certificate (PC) or read the No Deal Import Requirements
  • register as an importer in the territory of the UK where your EU plants or plant products first enter the UK (not the territory of destination). You can register by contacting the Scottish Government Horticulture and Marketing Unit by email - hort.marketing@gov.scot
  • make sure any regulated commodities enter the UK with a phytosanitary certificate (PC) issued in the country of export (or re-export); 
  • provide pre-arrival notification by contacting the SG Horticulture and Marketing Unit by email - hort.marketing@gov.scot  for landings at Scottish ports or notifying APHA via the PEACH system for landings in England and Wales.  Uploaded scanned copies of your Phytosanitary Certificates and other related documents (for example the bill of landing, cargo movement request, or delivery company invoice) should be sent to the relevant UK plant health authority; and
  • supply the original copy of the PC by post within 3 days of your consignment arriving in the UK to the relevant UK plant health authority.   Plants and plant products originating in the EU will not be stopped at the border.  PCs and relevant ID documents will receive a remote check in the territory of first landing in the UK and will not require the goods to be stopped inland. The remote checks will be charged by the relevant plant health authority. The plants or plant products will then be free to move to the import destination. Any further movement within the UK would require a UK plant passport.  

Plant health inspectors will continue to carry out follow-up surveillance and inspections inland in line with current policies. The Scottish Government does not charge for such inspections. 
 
Notice periods for imports originating in the EU that require a phytosanitary certificate
 
You must notify the relevant plant health authority of a consignment’s arrival into the UK from the EU. There is no set notice period - you can give notice at any time up to the point that the consignment enters the UK.

2.   IMPORTING PLANTS AND PLANT PRODUCTS FROM THIRD COUNTRIES VIA THE EU

See [flowchart]
 
In a no deal scenario, the EU would no longer be obliged to carry out plant health checks on regulated third country goods going to the UK. 
 
Plants and plant products that come from third countries via the EU without plant health checks by an EU member state will be treated as third-country imports.
 
Many plants and plant products entering the UK via the EU arrive at fast-moving rollon roll-off (RoRo) ports where checks at the border would create significant disruptions to traffic. All third-country plant health controlled material arriving in the UK via RoRo ports requiring checks will have to go to a plant health approved facility for inspection. 
 
These facilities include:

  • Place of First Arrival (PoFA) SG Guidance - trade premises that have been authorised to host plant health controls on third country material entering the UK via the EU at RoRo ports; and 
  • other facilities that have been authorised for Plant Health control (‘alternative inspection posts’).

 
You must ensure that plant health checks are carried out on third-country material entering the UK via the EU by doing one of the following:

  • registering a place of first arrival (PoFA). Find more information on registering in the PoFA manual;
  • using a non-RoRo point of entry where checks can take place at the border; and
  • using an  ‘alternative inspection post’

How to register as a place of first arrival
 
You may need to speak to suppliers about whether the plants and plant products they import from third countries are likely to move to the UK via the EU. Consider whether to apply for PoFA status before EU exit day.
 
To import third-country material that need plant health checks in the UK via RoRo ports, you’ll need to have access to a PoFA. You can register your own PoFA by: 

  • reading the PoFA standards and take any necessary steps to ensure your premises meet the requirements; and 
  • applying to be authorised by the relevant plant health authority - you’ll need to complete the relevant PoFA form for plant and plant products - see the PoFA manual.

To bring in material for checks at an authorised PoFA, you will need to:

  • read the PoFA standards and take any necessary steps to ensure your premises meet the requirements; 
  • apply to be authorised by the relevant plant health authority. You’ll need to complete the relevant PoFA form;
  • for goods that are entering the UK via a RoRo port in Scotland or Northern Ireland, give notice to the relevant plant health authority; 
  • for goods that are entering the UK via a RoRo port in England or Wales, give notice of a consignment’s arrival and its location to the plant health authority using the PEACH website; and
  • hold consignments at your premises until the plant health authority has carried out its checks and released the goods.

Notice periods for imports from third countries via the EU
 
You must give notice each time you bring a consignment of regulated goods to the UK from third countries for:

  • Scotland: consignments being brought in by any route - 2 working days
  • England and Wales: consignments brought in by air - 4 working hours, and consignment being brought in by another route - 3 working days

3.   EXPORTING PLANTS AND PLANT PRODUCTS TO THE EU

See [flowchart]. 
 
In a no deal scenario, the UK will become a third country and will need to meet EU third country import requirements to export regulated plants and plant products to the EU.

For exports to the EU third-country rules will apply on all:

The process for sending regulated plants and plant products to the EU will be the same as the current process for sending them to third countries. When you export controlled plants and plant products to third countries, you need to:

  • check whether a phytosanitary certificate (PC) is required by contacting the plant health authority or a plant health inspector in the destination country;
  • apply for a PC from the relevant UK plant health authority before export; and 
  • check if your plants require laboratory testing of samples to ensure they are free from pests and diseases or inspections during the growing season. Contact your local plant health inspector to find out if your plants need these tests before exporting.

Controlled plant and plant products exports to the EU from the UK may be subject to checks at the EU border.
 
If you require more information about export requirements or wish to apply for a PC, contact the Horticulture and Marketing Unit by email at hort.marketing@gov.scot.  

4.   MOVING CONTROLLED PLANTS AND PLANT PRODUCTS WITHIN THE UK

Plants and plant products currently covered by EU plant passports for movements within the UK will need to be moved with a UK plant passport.
 
When moving controlled plants in the UK, you’ll need to:

  • register with the relevant UK plant health authority.
  • be authorised to issue plant passports.
  • replace references to ‘EU’ with ‘UK’ when issuing plant passports.

5.   EXPORTING FOREST REPRODUCTIVE MATERIAL IN THE EVENT OF A NO DEAL EU EXIT

To see if this applies to you please use our [flowchart].

6.   PLANT PASSPORTS AND PEST FREE AREAS

Some plants and plant products must meet specific requirements to enter ‘protected zones’ within EU countries.

EU Protected Zones (PZs) allow EU member states to place controls on imports and movements between member states. This prevents the introduction or spread of plant pests and diseases which are present elsewhere in the EU but absent from the Protected Zone.

7.   CHANGES TO PROTECTED ZONES IF THE UK LEAVES THE EU WITHOUT A DEAL

The UK cannot designate all or parts of the UK as an EU Protected Zones if there’s a no deal Brexit.

The UK will replace the biosecurity protections provided by EU Protected Zones by creating 2 new designations.

Quarantine pest designation

This will designate the existing plant pests and diseases covered by Protected Zone arrangements as ‘quarantine pests’. Quarantine pests are plant pests and diseases which are not established and which would be damaging if introduced, where they are absent from the whole of the UK.

Quarantine pests are prohibited from entering the UK and are subject to statutory control if found on plants or plants products. The requirements to prevent the entry of these pests will remain the same if the UK leaves the EU without a deal.

Pest Free Areas (PFAs) designations

This will designate PFAs in line with international standards for those pests and diseases which are absent from part of the UK, but not the whole of the UK. PFAs are declared in line with recognised international standards and requirements. They can be applied to movements of plants and plant products into PFAs.

Both EU PZs and PFAs allow countries to control movements of plants and plant products which may carry plant pests and diseases, where the whole country or an area within the country are free from those pests or diseases. Moving from PZs to quarantine pests and PFAs will not change the requirements for goods moving within the UK.

There will be no new import or movement restrictions from the replacement of certain PZs with requirements for quarantine pests. These requirements are already in place now under the PZ system. The requirements for importing into and moving within PFAs will be the same as they currently are for the equivalent PZs.

If you are moving plants and plant products into or within UK PZs currently, you need to use an EU plant passport. You will need to use a UK plant passport if you’re moving the relevant plants and plant products into or within UK PFAs if the UK leaves the EU without a deal.

How to move goods into or within a UK Pest Free Area if there’s a no deal Brexit

Plants and plant products currently covered by EU plant passports for movements within the UK will need to be moved with a UK plant passport. When moving controlled plants in the UK, you’ll need to:

  • register with the relevant UK plant health authority;
  • be authorised to issue plant passports; and
  • replace references to ‘EU’ with ‘UK’ when issuing plant passports.

If you are an existing user of EU plant passports, you do not need to reissue a UK passport but you will need to change the title of your passport from ‘EU’ to ‘UK’.

If you’re providing a UK plant passport to move restricted plants into a UK PFA, you must include ‘PFA’ on the passport, rather than ‘ZP’ followed by the code for that PFA. Codes for PFAs will be the same as the codes for the PZs that they are replacing. For example, the code for ‘Ips Cembrae’ is (a)9.

Find details on Pest Free Areas and what plants must have passports if there’s a no deal Brexit.

Read Issuing plant passports to trade plants in the EU to understand how to apply for a UK plant passport.

8.   HOW TO FIND YOUR RELEVANT UK PLANT HEALTH AUTHORITY

Contact the following for plants and plant products landing into or exported from:

  • Scotland:  Scottish Government’s Horticulture and Marketing Unit  
  • England & Wales:  Register and apply on PEACH for imports and eDomero system for exports
  • Northern Ireland:  DAERA Plant Health Inspection Branch

 

Potato EU Exit Guidance

last updated:  8/10/19 

Should we leave the EU without a deal, the UK will be classed by the EU as a third country, therefore third country rules apply and any export from Scotland will need to comply with EU phytosanitary requirements. To see if this applies to you please use our exporting seed potatoes [flowchart].  

Preparing for changes at the UK border if there's a no deal EU Exit

  • The following [letter] was sent to stakeholder bodies, growers and businesses on 3 October 2019. It gives an update on the latest position regarding Brexit and the EU’s decision on third country equivalence for the certification of seed and other propagating material.
  • The following [letter] was sent to Scottish growers and businesses on the 8 March 2019 regarding the export of potatoes to the EU in a no deal. As the date of EU exit has now changed, please assume the instructions in the letter will apply on the day of  EU exit in a no deal scenario.

 

Seeds and Plant Propagating Material EU Exit Guidance

last updated:  2/9/19 

Update on exporting seed and other propagating material to the EU
Download PDF

 

Fruit Plant and Propagating Material

last updated:  20/3/19 

Should we leave the EU without a deal, the UK will be classed by the EU as a third country, therefore third country rules apply and any export from Scotland will need to comply with EU phytosanitary requirements. To see if this applies to you please use our exporting fruit in a no deal [flowchart].

 

 

Ornamental Plant Propagating Material

last updated:  20/3/19 

Should we leave the EU without a deal, the UK will be classed by the EU as a third country, therefore third country rules apply and any export from Scotland will need to comply with EU phytosanitary requirements. To see if this applies to you please use our exporting ornamental plants in a no deal [flowchart].

 

 

Seeds

last updated:  24/4/19 

Should we leave the EU without a deal, the UK will be classed by the EU as a third country, therefore third country rules apply and any export from Scotland will need to comply with EU phytosanitary requirements. To see if this applies to you please use our exporting [seed of vegetables in a no deal flowchart] and our [certified, basic/pre-basic seed flowchart].