Foodlaw-Reading Dr David Jukes, The University of Reading, UK
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Food Law News - UK - 2019

FSA Enforcement Letter (EXPEN19004), 21 February 2019

BREXIT - DEFRA Letter:  No deal exit planning - Export requirements guidance for the export of fish and fishery products to the EU – Note to local authorities

The following is the text of a letter sent by DEFRA to the CEOs of local authorities.  It was copied to the enforcement sections of LAs by the Food Standards Agency.

No deal exit planning - Export requirements guidance for the export of fish and fishery products to the EU – Note to local authorities A copy of the full letter (including the mentioned Annexs) is available on this site (click on image).

I am writing to update you on the latest planning and information to ensure that exports of animals, animal products, fish, food and feed to the EU can continue in the event that the UK leaves the EU without a deal. We would also appreciate your assistance to identify registered establishments within your local authority area that need to be listed with the EU to enable them to continue exporting products of animal origin to the EU under a no-deal exit.

In a no-deal exit, it is anticipated that businesses can continue exporting these products to EU countries, but the process for doing so will change. In particular, businesses will need to apply for an Export Health Certificate (EHC) in advance and make sure their trade route passes through a Border Inspection Post when entering the EU.

EHCs will need to be signed by an Official Inspector to provide assurance that exported goods comply with relevant EU requirements. Certifying Officers at Local Authorities will be able to sign EHCs for exports of fish, shellfish and certain composite food products to the EU, in addition to Official Veterinarians. This is a non-statutory function and Local Authorities can charge to recover costs.

To support Local Authorities who wish to provide an EHC service for their local businesses, additional support and guidance is now available on gov.uk:-

• Defra’s latest press release encourages businesses to familiarise themselves with the new process for EU exports by reading guidance on gov.uk.
• Guidance and EHCs for exporting to the EU are now available for download ahead of use on exit day on gov.uk
• A current list of EU Border Inspection Posts can be found on gov.uk.

A gov.uk listing of organisations that offer EHC services has recently been launched [Link]. We shall shortly be contacting Local Authorities asking if they wish to be included.

In addition, I enclose the following materials that may be helpful to Local Authorities if they are engaging with exporting businesses:-

• Detailed information on the role of Certification Support Officers (CSOs). CSOs can be deployed by Local Authorities or Official Veterinarians to support the process of export health certification. (Annex A)
• Information about the free online training available for CSOs.
• A step-by-step guide to EHCs for exports of fish and fish products to the EU in the event of a no-deal exit. (Annex B)
• A set of frequently asked questions relating to the requirement for export health certificates for EU exports of fish and fish products. (Annex C)