Policy paper

Concordat between the UK, Scottish and Welsh Governments: ‘Not for EU’ Labelling

Published 5 June 2025

1. This concordat is established between the Department for Environment, Food and Rural Affairs (Defra), the Scottish government and the Welsh Government (‘the parties’) for the purposes of delivering the statutory arrangements set out in the Marking of Retail Goods Regulations 2025 (‘the regulations’).

2. This concordat is not intended to constitute a legally enforceable contract or to create any rights or obligations that are legally enforceable. It is intended to be binding in honour only.

Objective of the parties

3. The parties recognise the need to ensure the continuing supply of goods to Northern Ireland and agree to take action where required, in a timely manner, to ensure this objective is met.

Background to this concordat

4. Food labelling is a devolved matter under the Government of Wales Act 2006 and the Scotland Act 1998. The devolved governments are responsible for food labelling policy within Scotland and Wales and the Concordat is not intended to constrain their legislative competence.

5. The Scottish and Welsh ministers have consented to these regulations including that the decision to issue a notice and therefore apply ‘not for EU’ labelling in Great Britain will vest in the Secretary of State. This is done in recognition that these regulations are necessary to maintain the flow of retail goods within the United Kingdom, and are likely to be in force for a time limited period, until arrangements for the UK-EU Sanitary and Phytosanitary Agreement have been fully implemented.

6. Regulation 3 of the regulations establishes that “where the Secretary of State, after consultation with Welsh ministers and Scottish ministers determines that the availability to consumers of certain retail goods in Northern Ireland is, or is likely to be, seriously adversely affected… the Secretary of State must issue a marking notice requiring that the retail goods specified in the marking notice bear an individual marking when they are first placed on the market”.

7. Regulation 3(1) establishes that the Scottish and Welsh ministers will be consulted, before a notice is issued under Regulation 3(2). The process via which they will be consulted is set out in this Concordat.

Collaborative working

Engagement with operators

8. Led by Defra, with involvement from the parties where beneficial, engagement will be ongoing with operators in Great Britain to facilitate their continued use of the Northern Ireland Retail Movement Scheme or other routes for moving goods into Northern Ireland, aiming to negate the need for notices to be issued pursuant to the regulations. Where support is required for businesses to understand ‘not for EU’ labelling requirements, the expectation is that Welsh and Scottish businesses will be signposted to Defra officials by the Welsh and Scottish government officials.

Information gathering

9. Defra will procure and assess information relating to:

a.  the movement of retail goods between Great Britain and Northern Ireland, and

b. the sales of retail goods to consumers in Northern Ireland

to understand whether the supply of goods is, or is likely to be, seriously adversely affected by operators withdrawing goods due to the ‘not for EU’ labelling requirement.

Data sharing

10. Where it is available Defra will also procure information falling within the categories of information set out in regulation 3(3) of the regulations and further detailed in the accompanying policy paper.

11. This information, and Defra’s analysis of it, will be shared with the devolved governments as soon as possible after the analysis has been completed, on a frequent basis, not less than once in every period of three months.

12. Reports procured in relation to the sales of retail goods to consumers in Northern Ireland can be shared as regularly as on a weekly basis.

13. In order to ensure that the data sharing arrangements under this concordat operate effectively and in order to allow the parties to take action to issue a notice in a timely manner where an issue is reported or observed, Defra will inform the devolved governments within 2 working days.

14. If further analysis or business engagement suggests that supply of a retail good is or is likely to be adversely affected, officials acting on behalf of each of the parties will meet to agree whether any additional steps, in addition to those set out in paragraphs 15 and 16 of this concordat are required in order to ensure that Welsh and Scottish ministers are able to provide their views in a timely fashion about whether or not to issue the notice in accordance with paragraphs 17 and 18 of this concordat. Should the parties conclude that additional work is required, they will agree what steps will be taken.

Process

15.During the meetings held in accordance with paragraph 14, officials from each of the parties, will discuss the latest evidence and analysis which has been shared. The purpose of these meetings will be to:

a. allow any questions to be put to Defra about their analysis and the rationale for any conclusions reached;

b. allow the parties to work together to identify any trends that should be monitored between each officials meetings and agree next steps on how this will be achieved;

c. agree what information is to be shared with respective ministers for information; and

d. discuss any issues of process of governance related to the operation of the regulations or the processes set out in this concordat to support timely and effective communication between the parties, to support the objective set out in paragraph 3.

Process where Defra analysis shows supply of a retail good is or is likely to be seriously adversely affected

16. Following the collection and analysis of information referred to in paragraph 8, to understand whether the supply of a retail good is, or is likely to be, seriously adversely affected Defra will share the evidence and their analysis as soon as possible with the devolved government officials. This includes any information, such as corroborated feedback from industry, which may confirm or disprove that the adverse effect on supply to Northern Ireland is linked to the ‘not for EU’ labelling requirements in the Northern Ireland Retail Movement Scheme in a timely manner. The information referred to in this paragraph will include, where available, information from market monitoring activities conducted by Defra as well as any other ‘global factors’ within the supply chain that may otherwise impact the availability of goods in Northern Ireland.

17. Scottish and Welsh government officials undertake to brief the ministers of devolved governments who will take a view on whether the requirement should be activated in their jurisdictions on the basis of the evidence provided to them . The Scottish ministers and Welsh ministers will communicate their view to Defra within 10 working days alongside any supplementary rationale.

18. Subsequently, Defra officials will draft a comprehensive briefing to the Secretary State, including the views of the Independent Monitoring Panel and the ministers of devolved governments, who will decide whether to issue a notice. The Secretary of State must have due regard to the views of the ministers of devolved governments and give their rationale full consideration. Should their determinations not be in agreement then the Secretary of State must return to them in writing an explanation of his decision.

19. The Secretary of State must review the operation of these regulations and will reflect their views in the report provided for at regulation 13(1)(b). The first review will take place 2 years from the day on which the regulations come into force. Any subsequent review will be a period of 5 years beginning with the date on which the report of the preceding review was published. The Secretary of State undertakes to consult the Scottish ministers and the Welsh ministers, ahead of any review undertaken in accordance with regulation 13.