The Border Target Operating Model – read the NFU's response

From today onwards, the government will begin to apply controls on animal products and both plants and plant products imported to Great Britain from the EU, depending on their risk level.

The full regime will be introduced during the course of 2024, with SPS (sanitary and phytosanitary) checks on medium-risk food, animal and plant products from the EU coming into force from 30 April.

Read more on the NFU’s reaction:

New post-Brexit import controls come into force

The government has published the final version of its BTOM (Border Target Operating Model) and has confirmed that the first stage of the new model, originally set for October 2023, has been delayed until January 2024.

Border checks on EU imports delayed for fifth time

The NFU has described the delays as “hugely frustrating”, and has highlighted a number of areas of concern which are impacting the confidence of growers importing produce and plant materials.

These are:

• Why the government is continuing to only check 30% of consignments of high-risk plants sold at retail, compared to 100% on the same plants destined for commercial production in UK nurseries. The risks for a pest or disease outbreak are greater when plants are widely disseminated into the public with little controls in place, compared to the rigorous management protocols in place on UK nurseries.
• How the government proposes to inspect mixed consignments of plants and plant materials while not jeopardising biosecurity at the border facility.
• How the various trusted trader and AOS (Authorised Operator Status) schemes will work for businesses in practice. We would like to see the AOS available for businesses ahead of border control posts being implemented.
• Clarity on the designation process of businesses becoming Control Points, including the stages and costs.
• Opening hours of border control posts being aligned with ‘just in time’ supply chains, with sufficiently resourced operations, including Animal Plant Health Agency inspection capacity, to avoid delays.

We call on the government to publish an assessment of the benefits that the BTOM model will deliver for the nation so that we have a clear understanding of the balances and trade-offs that have been taken to manage the competing demands of simplification, cost reduction whilst safeguarding the UK’s borders.

NFU members can log in and read our briefing on the final BTOM.

The NFU has published its response to the government’s draft BTOM.

Since leaving the EU’s single market at the end of January 2021, the UK government has opted not to check and control product entering from the EU. Known as SPS controls, these checks are generally carried out at the border and is something we do for goods entering from other countries around the world.

However, the government’s failure to implement effective controls on goods entering the UK from the EU has been a significant area of concern for the NFU. We therefore welcome the publication of new plans to be applied to all imports irrespective of where they have originated from. The proposals are contained in the government’s draft BTOM and we have had the opportunity to give feedback ahead of its final version in late June.

Border controls have ‘vital role to play’

In the NFU’s feedback we stressed that border controls have a vital role to play in upholding our nation’s biosecurity, food safety and international reputation.

Domestic producers, whether farmers, food companies or retailers, face a multitude of regulations and laws within the UK that ensure the food we eat is safe, consumers are not mislead, and our environment, farmed animals and wildlife are protected. It is crucial that goods we import into the UK meet equivalent standards and do not undermine biosecurity. Our borders must not be the weak link in these important protections.

The BTOM proposal is for a modern, streamlined and effective global risk-based model that can rapidly respond to changing risk profiles. A policy based on sound science, evidence and data.

This sounds entirely reasonable in theory. However, there is a very long way to go ensure that such an approach delivers in its implementation.

NFU asks

In order to have confidence in this model, we must see at least the same level of biosecurity, food and feed safety protection as we would have expected were the UK to have implemented the same model we had at our disposal under EU membership, including to goods entering from the EU.

Our members largely comprise producers of domestic product consumed here in the UK as well as being the suppliers of raw materials and products for UK agri-food businesses to export overseas. We also have members who trade internationally, including many horticulture businesses that have an interest in importing production material (such as plants for planting either for crop production or in the ornamental sector) and in some cases finished product from abroad to supplement UK supply chains with products grown out of season.

We also have livestock members who import live farm animals for breeding, especially dairy replacement females. Our feedback covers the range of views and issues that different sectors face and have prioritised under the BTOM model.

NFU members can log in and download the NFU response to the draft BTOM: Border Target Operating Model (BTOM) – NFU Feedback

This consultation has now closed for responses.

Defra has published a number of webinar recordings along with FAQs from it's recent online information and Q&A sessions on the draft BTOM. 

To watch Defra’s online webinar recordings along with FAQs, please visit the UK Plant Health Information Portal: TOM (Target Operating Model) online session recordings and Questions and Answers (Q&A)

The BTOM proposes a new approach to security controls and Sanitary and Phytosanitary controls at the border. The new regime will treat imports of plants for planting from EU and non-EU countries the same and will continue to apply a flat rate fee for some commodity types which was introduced in July 2022.

Commodities will be categorised by risk into high-, medium- or low-risk.

High risk

This category includes all plants for planting, potatoes, used farm machinery, certain seeds and timber.

• High risk plants and plant products will continue to require pre-notification and a phytosanitary certificate (PC) when being imported from the EU, Liechtenstein, and Switzerland. In accordance with the new rate of checks introduced in July 2022 (see Annex E of the draft BTOM), they will then be subject to checks at a frequency of 5-100%, depending on the risk.
• From January 2024, high-risk plants and plant products will come through a Border Control Post (BCP) or Control Point (CP) where identity and physical checks will be carried out by APHA.
• Checks will no longer take place at Points of Destination (PoDs) unless a business registers its premise as a Control Point.

Medium risk

This category includes plant products with an identified pest/disease risk.

• From October 2023, all imports of medium-risk plants and plant products (from both the EU and non-EU) will need to have a phytosanitary certificate upon entry. These goods will continue to require pre-notification.
• From January 2024, documentary checks and physical and identity checks at BCP will be introduced for medium-risk goods imported from the EU. In line with the reduced frequency of checks, checks will have a baseline of 3% for EU imports and 5% for non-EU imports. This may be subject to change in specific cases, where additional risk factors apply.

Low risk

This category is listed by exception for goods not listed elsewhere. It includes fresh produce which carries no identified pest/disease risk to GB.

• From January 2024, low-risk goods will be exempt from systematic controls at the border and so will not require a phytosanitary certificate or pre-notification. This includes most fruit, vegetables and cut flowers. Instead, they will be subject to enhanced inland monitoring via surveillance, and visits to premises by plant health inspectors.

Changes to these categories will be made in response to the risk situation.

The government aims to digitise PC (phytosanitary certificates) from May 2023 depending on trade partners’ readiness.

The BTOM refers to this as the ‘Single Trade Window’. Digitised PCs or ePhytos will be phased in for imports, starting with those countries that GB has the highest volume of trade with.

Control Point designation

If a business does not want their consignment to travel through a BCP, they must apply to be designated as a Control Point. This process can take between 3 – 18 months. It is advisable to explore this option now, in preparation for 31 January 2024.

CP (Control Points) are inland inspection facilities where SPS (Sanitary and Phytosanitary) checks of plants and plant products can take place, which operate under customs supervision.

More guidance and information on control points can be found on our dedicated page: Is becoming a Control Point right for my business?

The NFU's ask

The NFU is asking Defra to provide a clear and accessible application process, with defined stages and costs, so that growers can evaluate whether becoming a CP is the right option for their business.

Authorised Operator Status

As a secondary consideration, growers will have the option of taking direct responsibility for conducting plant health inspections themselves (rather than using an APHA Inspector) this will be through joining an Authorised Operator Scheme. We are awaiting further details on how this will be piloted – but this is not anticipated to be before the new BCP/CP arrangements come into effect.

• Government is exploring the introduction of a delegated authority model for the checks of plant and plant product imports, which will allow eligible traders to manage their own SPS risks.
• It proposes to delegate responsibility to Authorised Operators (AOs) to carry out their own physical and identity checks, provided they meet certain eligibility criteria.
• Defra will be testing elements of AOS in Autumn 2023. They will then run a live pilot to test the end-to-end process of operating as an AO in January 2024, subject to a successful testing period.
• All businesses wishing to either take part in the pilot, or the scheme when fully functional will need to be designated Control Points (CPs).
• It is advised that businesses register to become a CP now, as the process can take a minimum of 3 months.
• The competent authority can withdraw or suspend authorisation in cases of serious non-compliance. Should this happen, inspections will revert to the relevant UK plant health service.

Groupage for plants within the AOS and/or CP

If consignments are part of a groupage load, it is still worth growers exploring the CP option, but growers must be mindful that consignments may still have to go through a different CP first.

If one product within a consignment requires a physical check and the others do not, it has yet to be determined which type of CP groupage loads would need to pass through (i.e., a BCP or another CP).

Key dates of the draft BTOM

• From October 2023 – all imports of medium-risk plants and plant products (including those imports from the EU) will need to have a phytosanitary certificate upon entry.
• From January 2024 – high-risk plants and plant products must come through a Border Control Post (BCP) or Control Point (CP) where identity and physical checks will be carried out. Checks will no longer take place at Points of Destination (PoDs).
• From January 2024 – documentary checks and physical and identity checks at the border will be introduced for medium-risk goods imported from the EU. In line with the reduced frequency of checks, checks will have a baseline of 3% for EU imports and 5% for non-EU imports, but may be different in specific cases, where additional risk factors apply.
• From January 2024 – low-risk goods will be exempt from systematic controls at the border and so will not require a phytosanitary certificate or pre-notification. This includes most fruit, vegetables and cut flowers. Instead, they will be subject to enhanced inland monitoring via surveillance, and evidence-led visits to premises by plant health inspectors.

NFU concerns

We have been in close contact with Defra during the design of the BTOM and have been consulted on the proposed options. However, the publication of the draft BTOM does not provide clarity on fundamental issues that businesses need to know in order to decide if the AOS and CP models are useful for them.

In particular, the details around the designation process for CPs are not known and it appears there is some flexibility for APHA inspectors to assess the premises.

It is crucial that the process of becoming a Control Point is as accessible as possible.

Also, it has not been clarified yet how HMG is going to deal with groupage loads. The uncertainty around the AOS and CP designation makes it hard for members to assess the pros and cons of the proposed new measures.

The UK government has launched it's draft BTOM (Border Target Operating Model), which sets out a new approach to importing into Great Britain and is set to be introduced from the end of October 2023.

Read the draft model here: The Border Target Operating Model: Draft For Feedback | GOV.UK

The Cabinet Office would like to engage with all stakeholders regarding the development of the new operating model, and welcomes feedback across all aspects of the model.

The NFU welcomed feedback through this page to form its response, and interested parties could also submit their feedback directly to the government through this survey by 19 May 2023.