The “Brexit” issue, meaning the withdrawal of the United Kingdom (UK) from the European Union (EU), started taking shape in 2016, after a referendum on the topic reported a (close) majority for this option. The long and complicated negotiations that followed culminated in the Brexit Withdrawal Agreement (Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community), subscribed by both parties. In line with it, the UK lost its membership status starting from Exit Day (February 1st 2020). In order to allow institutions, citizens, and firms adapting to the new unfolding framework, a transition period of 11 months was set (until December 31st 2020). Since January 1st 2021, “rehearsals” are over and the new regimen is actually in place.
The new relationship between the EU and the UK: which agreements?
Even though finding a deal has been hard (and seemed impossible at times), the two parties finally managed to find an understanding in December 2020; its terms are listed in the Trade and Cooperation Agreement, which will be further edited over the current year.
The new framework foresees, among other points, a free-trade agreement which eliminates custom tariffs and quotas. However, even such a measure is not sufficient to completely buffer the consequences of the withdrawal, as the UK has lost access to the European single market ; custom formalities will have to be performed, and exchanged products will have to comply to the dispositions of the importing country, as the two parties are now following two distinct paths concerning their legislative frameworks.
What happens to food law?
Generally speaking, the UK could not just repeal all the regulatory texts generated by decades of EU membership, as they influence too much the actual domestic legislation. The country therefore decided to “merge” EU law (as it was on December 31st 2020) to its own legislation, under the name of “retained EU law”. This manoeuvre could be realised through a few Acts which adapted European texts to the British context, for instance by substituting references to the European Commission with references to British authorities. The result of this choice is that, for the moment, macroscopic modifications of UK law are only a few. However, it will be best to stay alert, as all retained law, although originating from the Union, is now domestic legislation and, as such, is easily modifiable by the UK.
Food law, as many other domains, needs a parenthesis regarding Northern Ireland (NI). This country, part of the UK, is situated on the same island as the Republic of Ireland, a European Union Member State. The consequences of Brexit risked to entail the setting of a hard border between the two countries, a scenario to be avoided at all costs. The solution has been found in establishing the Northern Ireland Protocol, a document (annexed to the Brexit Withdrawal Agreement) which provides that, for certain domains (including food law) European law will still directly apply in NI, despite Brexit.
Therefore, the discussion about the evolution of British food law actually does not apply to the UK as a whole, but only to Wales, Scotland and England, the countries constituting Great Britain (GB).
Will food law change in Great Britain? As already stated, the macroscopic changes, for the time being, are not enormous: since GB retained EU law as it was at the end of last December, it hasn’t really varied since, except for the changes directly deriving from the shift of “administrative” framework (that is, the simple fact that the UK is no longer part of the EU). Such changes regard:
- The “origin EU” emblem on labels
- Geographical indicators on labels
- Organic farming practices and label logos
- The addresses of food business operators (FBO) reported on labels: as per retained EU Reg 1169/2011, indicating the address of the FBO on labels will still be compulsory; however, since the retained law has been adapted to the new GB status, the address will have to be based in GB instead of the EU.
It will be allowed to display both a British and a European address (it is recommended, in this case, to duly specify which address refers to which market); moreover, addresses based in NI shall satisfy both British and European requirements.
Adjustment periods are provided. For FBO addresses to be compliant to the new legislation, the deadline is October 1st 2022.
To make a practical example: if a European FBO wishes to sell a food supplement in GB, it will find in British law the topics that were harmonised at the EU level, such as the list of authorised vitamins and minerals, or the approved health claims (as of December 31st, 2020). However, it will have to remember that retain EU legislation was adapted to the British framework, so the compulsory address of the FBO (retained law) will need to be based in the UK and not in Europe (adapted retained law).
Of course, it must be kept into mind that, starting from January 1st 2021, European and British legislations risk to start diverging.
Last but not least, Scotland deserves a word.
This UK country has officially, publicly stated how its position is NOT aligned to the UK’s in the choice of following the Brexit process; such attitude was already visible with the 2016 referendum, when the overwhelming majority of the country voted against initiating a separation procedure.
Scotland recently approved the Scottish EU Continuity Bill, designed to give the possibility to align devolved legislation (the one the country has a certain control on) to European dispositions. Other than that, its hands are tied, unless a (possible) independence referendum definitely cuts it out of the United Kingdom.
To know more, you can consult these links:
The Brexit Withdrawal Agreement:
The Trade and Cooperation Agreement:
To understand retained EU law:
To keep an eye on labelling changes:
The page of Scottish Government on Brexit:
Français
Brexit: what we do know, and what… only time will tell
The “Brexit” issue, meaning the withdrawal of the United Kingdom (UK) from the European Union (EU), started taking shape in 2016, after a referendum on the topic reported a (close) majority for this option. The long and complicated negotiations that followed culminated in the Brexit Withdrawal Agreement (Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community), subscribed by both parties. In line with it, the UK lost its membership status starting from Exit Day (February 1st 2020). In order to allow institutions, citizens, and firms adapting to the new unfolding framework, a transition period of 11 months was set (until December 31st 2020). Since January 1st 2021, “rehearsals” are over and the new regimen is actually in place.
The new relationship between the EU and the UK: which agreements?
Even though finding a deal has been hard (and seemed impossible at times), the two parties finally managed to find an understanding in December 2020; its terms are listed in the Trade and Cooperation Agreement, which will be further edited over the current year.
The new framework foresees, among other points, a free-trade agreement which eliminates custom tariffs and quotas. However, even such a measure is not sufficient to completely buffer the consequences of the withdrawal, as the UK has lost access to the European single market ; custom formalities will have to be performed, and exchanged products will have to comply to the dispositions of the importing country, as the two parties are now following two distinct paths concerning their legislative frameworks.
What happens to food law?
Generally speaking, the UK could not just repeal all the regulatory texts generated by decades of EU membership, as they influence too much the actual domestic legislation. The country therefore decided to “merge” EU law (as it was on December 31st 2020) to its own legislation, under the name of “retained EU law”. This manoeuvre could be realised through a few Acts which adapted European texts to the British context, for instance by substituting references to the European Commission with references to British authorities. The result of this choice is that, for the moment, macroscopic modifications of UK law are only a few. However, it will be best to stay alert, as all retained law, although originating from the Union, is now domestic legislation and, as such, is easily modifiable by the UK.
Food law, as many other domains, needs a parenthesis regarding Northern Ireland (NI). This country, part of the UK, is situated on the same island as the Republic of Ireland, a European Union Member State. The consequences of Brexit risked to entail the setting of a hard border between the two countries, a scenario to be avoided at all costs. The solution has been found in establishing the Northern Ireland Protocol, a document (annexed to the Brexit Withdrawal Agreement) which provides that, for certain domains (including food law) European law will still directly apply in NI, despite Brexit.
Therefore, the discussion about the evolution of British food law actually does not apply to the UK as a whole, but only to Wales, Scotland and England, the countries constituting Great Britain (GB).
Will food law change in Great Britain? As already stated, the macroscopic changes, for the time being, are not enormous: since GB retained EU law as it was at the end of last December, it hasn’t really varied since, except for the changes directly deriving from the shift of “administrative” framework (that is, the simple fact that the UK is no longer part of the EU). Such changes regard:
It will be allowed to display both a British and a European address (it is recommended, in this case, to duly specify which address refers to which market); moreover, addresses based in NI shall satisfy both British and European requirements.
Adjustment periods are provided. For FBO addresses to be compliant to the new legislation, the deadline is October 1st 2022.
To make a practical example: if a European FBO wishes to sell a food supplement in GB, it will find in British law the topics that were harmonised at the EU level, such as the list of authorised vitamins and minerals, or the approved health claims (as of December 31st, 2020). However, it will have to remember that retain EU legislation was adapted to the British framework, so the compulsory address of the FBO (retained law) will need to be based in the UK and not in Europe (adapted retained law).
Of course, it must be kept into mind that, starting from January 1st 2021, European and British legislations risk to start diverging.
Last but not least, Scotland deserves a word.
This UK country has officially, publicly stated how its position is NOT aligned to the UK’s in the choice of following the Brexit process; such attitude was already visible with the 2016 referendum, when the overwhelming majority of the country voted against initiating a separation procedure.
Scotland recently approved the Scottish EU Continuity Bill, designed to give the possibility to align devolved legislation (the one the country has a certain control on) to European dispositions. Other than that, its hands are tied, unless a (possible) independence referendum definitely cuts it out of the United Kingdom.
To know more, you can consult these links:
The Brexit Withdrawal Agreement:
The Trade and Cooperation Agreement:
To understand retained EU law:
To keep an eye on labelling changes:
The page of Scottish Government on Brexit:
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