UK-EU SPS negotiations: Organics

At present, Great Britain holds equivalence status with the EU on organic products. However, under the future arrangement of dynamic alignment (where both countries agree on a single rulebook for certain areas of law), we will likely fully harmonise our regulations with the EU’s organic standards, including adopting any future amendments or updates.

EU organic legislation already applies directly in Northern Ireland under the Northern Ireland Protocol. Although the UK will no longer have voting rights within the EU’s regulatory processes, it will retain the ability to engage with and influence discussions through participation in relevant EU agencies and committees. Read more about the NFUs’ ask and approach to retaining influence.

What does dynamic alignment mean for trade in organics?

The key benefit of dynamic alignment moving forward will be the removal of the current requirement for Export Health Certificates, Phytosanitary Certificates and Certificates of Inspection when exporting organic products from Great Britain to the EU. This will reduce administrative burdens and simplify trade procedures for British producers. 

How has EU organics legislation changed?

In 2022 the EU introduced a significant update to its organic regulatory framework. Due to the UK’s withdrawal from the European Union, this legislative update did not apply to GB organic producers. However, under the SPS agreement, it is anticipated that this legislation will become directly applicable in GB. The main changes include:

• Regulation (EU) 2018/848, which entered into full force on 1 January 2022, replaced the previous regulatory structure. Its scope has been expanded to include a broader range of products such as salt, cotton, wool, essential oils, rabbits, bees, and more.
• Group certification for small operators, as defined under Article 36, was introduced to simplify compliance for smaller businesses, with streamlined internal control rules. These uniform rules apply equally across EU and non-EU operators.
• Enhanced controls on traceability, compliance, and import checks, supported by a harmonised system and an updated list of recognised control bodies under Implementing Regulation 2022/2049.
• Revised production and labelling requirements, including stricter animal welfare provisions, promotion of seed diversity, limitations on permitted additives and flavourings, and clearer origin labelling obligations.

Concerns for organic laying hens

While challenges are expected across all sectors, the potential difficulties in transitioning to the new EU legislation are likely greatest for the poultry sector.

This is for two key reasons:

• The reliance upon the derogation that allows the use of non-organically reared pullets for egg production up to 18 weeks of age.
• The potential future loss of the 5% non-organic protein feed derogation for pigs and poultry. 

EU legislation generally requires that organic livestock must be hatched and raised in accordance with organic production rules, with an exception possible for pullets under 3 days old.

In GB, there are no fully organic commercial pullet rearing facilities.

All organic laying farms therefore rely on pullets reared indoors under controlled health and biosecurity conditions, which are transferred to organic sites at the point of lay (around 18 weeks). From that point of transfer, the birds are then raised as organic laying hens. This system is maintained to ensure the health and welfare of the bird as well as to allow for critical vaccinations against diseases such as salmonella.

We are concerned that through dynamic alignment with new EU regulations producers in GB could lose access to the current derogation that makes this production system possible.

Rearing pullets organically from a day old is not currently possible within the GB organic poultry sector and would endanger the supply of domestic organic egg production.

The NFU is lobbying the government to protect the current derogation within the SPS agreement to allow non-organically reared pullets to be used in organic egg production in GB. Defra has confirmed the derogation will remain in place until December 2026. 

The EU legislation also requires all organic livestock to be fed a 100% organic diet, though an EU derogation allows the use of up to 5% non-organic protein feed when organic protein feed is unavailable in sufficient quantities, and for piglets under 35 kilograms and young poultry. In GB, Defra has announced its intention to mirror the same derogation. However, both the EU and GB derogations are due to expire in December 2026.

Maintaining this derogation in the future, beyond December 2026, is critical to ensuring the welfare and productivity of organic poultry diets. This small proportion of non-organic protein feed, typically maise gluten or other protein concentrates, provides essential amino acids that are otherwise unavailable from organic sources.

Therefore, the NFU is lobbying the UK Government to look to preserve the current 5% non-organic protein feed derogation which applies to feeding piglets under 35 kilograms in weight and young poultry (under 30 weeks of age).

Call for Evidence on Organic Production

The EU is currently carrying out a wider simplification process for organic legislation and has launched a Call for Evidence on Organic Production.

This review focuses on specific areas of the regulations that require clarification or that Member States are finding difficult to implement.

The European Commission plans to complete this work within the next year, and any resulting changes are likely to have a direct impact on GB producers under the dynamic alignment.

The NFU has been engaging in the consultation through the BAB office in Brussels to ensure members’ views are represented, but the final outcome could introduce changes relatively quickly or alter elements of the legislation as we currently understand them before we dynamically align. 

Next steps

The regulatory landscape continues to evolve. The team at BAB, alongside the NFU’s organic sector lead, Cara Rhodes, are closely monitoring developments.

Led by the NFU’s International Trade Team, we also continue to proactively lobby and engage the government to ensure that the SPS deal reached is the best possible outcome for our members.

Detailed guidance and updates will be provided on this page as further information becomes available.