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This publication is available at https://www.gov.uk/government/publications/exporting-gm-food-and-animal-feed-products-if-theres-no-brexit-deal/exporting-gm-food-and-animal-feed-products-if-theres-no-brexit-deal
Delivering the deal negotiated with the EU remains the government’s top priority. This has not changed.
However, the government must prepare for every eventuality, including a no deal scenario. For 2 years, the government has been implementing a significant programme of work to ensure that the UK is prepared to leave the EU on exit day.
It has always been the case that as we get nearer to that date, preparations for a no deal scenario would have to be accelerated. We must ensure plans are in place should they need to be relied upon.
In the summer, the government published a series of 106 technical notices setting out information to allow businesses and citizens to understand what they would need to do in a no deal scenario so they can make informed plans and preparations.
This technical notice offers guidance for continued planning in the event of no deal.
Also included is an overarching framing notice explaining the government’s approach to preparing the UK for this outcome in order to minimise disruption and ensure a smooth and orderly exit.
We are working with the devolved administrations on technical notices and we will continue to do so as plans develop.
Guidance on what certain food and feed businesses need to do to prepare for the rules and processes that will apply if we leave the EU with no deal. This guidance is aimed specifically at UK businesses:
- holding or seeking authorisations for genetically modified (GM) food or feed
- holding or seeking authorisations for animal feed additives
- exporting animal feed products to the EU
- that have applications to update the list of feed for particular nutritional purposes (PARNUTS) pending at the time of Brexit
- that represent companies that are based in non-EU countries which rely on UK representation for EU trade
Rules from 31 October 2019 if there’s no deal
Businesses within the scope of this notice will need to be established in the EU or EEA, or have a representative that is established in the EU or EEA if they wish to trade in the EU. The EEA includes Iceland, Liechtenstein and Norway. The role of the representative is to provide assurance that the non-EU establishment complies with EU legislation. The following guidance explains what these businesses need to do.
Appointing a representative
When appointing a representative, UK businesses should ensure that the potential representative is based in one of the 27 EU countries, or an EEA country, and that they are able to provide the necessary assurance to act as such. When appointed, the representative needs to submit a request to the appropriate competent authority in the EU country or EEA state in which they are based. The UK business should obtain confirmation that they have done so and, finally, that the competent authority has informed the European Commission.
UK businesses holding EU authorisations for GM food or feed, or for animal feed additives
UK businesses holding EU authorisations for GM food or feed, or for animal feed additives, will need to designate a representative established in the EU or EEA. You will need to provide details of the representative to the European Commission. This could be a branch of your business which is established in the EU or EEA or another business. Changes to holder-specific authorisations for GM food or feed or for feed additives require amendments to EU legislation which would need to be in place by 31 October 2019. Businesses in the process of such changes need to approach the European Commission as soon as possible.
UK exporters of feed products to the EU
Exporters of feed products to the EU will require representation in the EU or EEA. As a guide only, current UK procedures on becoming a representative are available on the Food Standards Agency (FSA) website. EU countries will each have their own systems for this and businesses should consult with the relevant competent authority in the EU country for further advice on gaining recognition for their representative. The requirement for non-EU country representation would apply to all feed products exported to the EU.
The requirement for non-EU country representation would apply to all feed products This follows the European Commission’s announcement of a revised interpretation of Regulation (EC) 183/2005, Article 24. The Food Standards Agency is currently seeking clarity on this interpretation, but companies should nevertheless anticipate this revised interpretation and consider designating a representative within the EU or the EEA.
Other businesses in the scope of this guidance
UK businesses that have applied for EU authorisation of GM food or feed; feed additives; or updates to the list of PARNUTS, and whose application is still being processed, if they wish for the application(s) to continue, will need to designate a representative established within an EU country or the EEA. The business would also need to provide details of the representative to the European Commission. For feed additives, this applies to both generic authorisations and those linked to a specific authorisation holder.
UK businesses acting in the role of a representative(s) for establishments in non-EU countries to enable them to export feed product to the EU, will need to inform the establishments they represent that they will no longer be able to act as their representative and advise them that they will need to appoint a representative based in an EU country or the EEA.
How the UK government is working with interested parties
The FSA has contacted key stakeholders to notify them of these requirements and will keep them updated on developments.
If you require more information or have questions on this technical notice, please email the Food Standards Agency: firstname.lastname@example.org
This notice is meant for guidance only. You should consider whether you need separate professional advice before making specific preparations.
It is part of the government’s ongoing programme of planning for all possible outcomes. We expect to negotiate a successful deal with the EU.
The UK government is clear that in this scenario we must respect our unique relationship with Ireland, with whom we share a land border and who are co-signatories of the Belfast Agreement. The UK government has consistently placed upholding the Agreement and its successors at the heart of our approach. It enshrines the consent principle on which Northern Ireland’s constitutional status rests. We recognise the basis it has provided for the deep economic and social cooperation on the island of Ireland. This includes North-South cooperation between Northern Ireland and Ireland, which we’re committed to protecting in line with the letter and spirit of Strand two of the Agreement.
The Irish government have indicated they would need to discuss arrangements in the event of no deal with the European Commission and EU Member States. The UK would stand ready in this scenario to engage constructively to meet our commitments and act in the best interests of the people of Northern Ireland, recognising the very significant challenges that the lack of a UK-EU legal agreement would pose in this unique and highly sensitive context.
It remains, though, the responsibility of the UK government, as the sovereign government in Northern Ireland, to continue preparations for the full range of potential outcomes, including no deal. As we do, and as decisions are made, we’ll take full account of the unique circumstances of Northern Ireland.
Norway, Iceland and Liechtenstein are party to the Agreement on the European Economic Area and participate in other EU arrangements. As such, in many areas, these countries adopt EU rules. Where this is the case, these technical notices may also apply to them, and EEA businesses and citizens should consider whether they need to take any steps to prepare for a ‘no deal’ scenario.