Defra ‘No’ to SPS Transition

The UK Government has rejected calls from the cross-party Environment, Food and Rural Affairs (EFRA) Committee to provide a transition period for farmers, growers and agri-food businesses following the introduction of a new UK-EU Sanitary and Phytosanitary (SPS) agreement.

Negotiations on a common SPS area began in November 2025, following commitments made at the UK-EU summit last May.  The Government aims to conclude and implement an agreement in the first half of 2027.  Last month, it mapped out over 60 pieces of legislation across five key areas that would fall within the scope of the agreement.  EFRA had recommended a minimum 24-month implementation period to allow businesses, Port Health Authorities and regulators to adapt through staff training, new systems and revised procedures; particularly given divergence since 2021.

The Government’s position, published on 17^th April, is that the agreement will take effect from mid-2027 as planned (likely to be June).  Rather than committing to a formal transition window, it states only that it “will continue to work with” businesses requiring longer to adjust.  EFRA Chair Alistair Carmichael described this as disappointing, noting that further disruption risks compounding existing pressures.  Trade bodies have echoed these concerns.

There are some constructive elements.  The Government has agreed to seek a carve-out from dynamic alignment on animal welfare regulations to avoid undercutting UK producers, and will evaluate the rollout of the Border Target Operating Model.  It also intends to retain regulatory autonomy on precision-breeding.

The Government’s approach indicates that it has not listened to the industry’s concerns.  A key issue is the availability of Plant Protection Products (PPP).  As we have previously written, UK and EU decisions on active substances, product authorisations and MRLs have diverged since Brexit.  Adopting EU rules at the point the SPS agreement comes into effect creates a cliff-edge for UK farmers.  As demonstrated by the recent report for CropLife UK (see https://croplife.uk/media/bsypavzi/croplife-uk-the-andersons-report-2026.pdf) if key active ingredients are no longer available to UK farmers as a result of dynamically aligning with EU legislation, then losses, in terms of farm profits could be significant (as much as 10%).  There is an extreme scenario where crops are grown using PPP that are completely legal in the UK, but then could not be sold after June 2027 as those products are not authorised under EU rules. 

The Government’s rejection of a 24-month transition period reflects its preference for the SPS agreement to be implemented and established well-ahead of the next General Election.  Whilst there will be significant benefits to some sectors (e.g. meat), a speedy implementation creates risks in others, especially around retrospective alignment.  The Government’s Response to the EFRA Committee report is available via: https://committees.parliament.uk/committee/52/environment-food-and-rural-affairs-committee/news/213157/transition-period-after-ukeu-sps-agreement-rejected-in-governments-response-to-efra-report/

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