114 Recommendations
1. Alignment with EU Standards and Regulations
As the UK moves forward post-Brexit, establishing a clear regulatory framework that provides predictability and stability for businesses and investors is essential.
The UK Government should adopt a general policy of regulatory alignment with EU standards and regulations unless it is not in the UK's interests to do so.
This will enable businesses and investors both domestically and internationally to have confidence in the UK's regulatory foundations and will foster stronger relationships with trading partners, both now and in the future.
Outside of the Customs Union and Single Market, the UK can use its regulatory autonomy to address any future or new EU regulations on a case-by-case basis, enabling us to diverge from the EU approach where it is beneficial for our businesses and sectors, after consulting with affected stakeholders. By adopting this approach, the UK Government can ensure that regulatory coherence is maintained with the EU, thereby facilitating constructive engagement with the EU and other countries seeking to negotiate trade deals with the UK. Many non-EU countries already follow EU regulations.
A policy of regulatory alignment will provide a starting point for negotiations, while still allowing the UK to maintain its own regulatory autonomy. By taking this approach, the UK Government can reassure businesses and investors, both domestically and internationally, that the UK is committed to maintaining strong relationships with its trading partners, while still protecting the interests of UK businesses and sectors.
The UK's departure from the EU has led to the creation of separate regulatory frameworks, resulting in substantial barriers to trade across various sectors. The existence of divergent regulations has led to a surge in costs and a decline in efficiency, undermining trade potential.
In order to ensure successful regulatory alignment and reduce barriers to trade between the UK and EU, the UK Government should seek to establish a new forum, modelled on the successful US/Canadian regulatory cooperation council.
This new regulatory cooperation council would allow the UK and EU to maintain an open dialogue and forum to discuss regulatory alignment, and discuss regulatory divergence in a collaborative manner when necessary.
1. The UK should establish a UK-EU Regulatory Cooperation Council with the EU to maintain collaboration on regulatory matters between the UK and the EU.
2. The UK-EU Regulatory Cooperation Council should meet on an annual basis and build on commitments made in the Windsor Framework, protecting Northern Ireland’s position in the UK union and on the island of Ireland.
3. The UK should commit to a predictable approach to regulation and to consultation, impact assessments and adjustment times, should the UK decide to adopt regulations different from those in the EU.
The existence of divergent regulatory frameworks, particularly in the area of food safety standards, creates significant barriers to trade in food products between the UK and the EU. This misalignment poses risks to the safety and quality of food consumed by UK consumers.
Food safety standards
To mitigate the risks of divergent regulatory frameworks and ensure continued protection for UK consumers, the UK should maintain regulatory alignment with EU food safety standards.
4. The UK should maintain food safety standards aligned with those of the EU by adopting the key principles outlined in EU legislation, such as the General Food Law (Regulation (EC) No. 178/2002) and Regulation EC 852/2004 on the hygiene of foodstuffs.
Food and Drink Innovation
Separate regulatory frameworks present a challenge for driving innovation in the food and drink industry. Collaborative efforts can contribute to the development of innovative food and drink products, but without them, the UK risks falling behind in the development of innovative food and drink products and processes.
5. The UK Government should seek to deepen collaboration on food and drink innovation with the EU and research to develop a shared understanding of emerging technologies, best practice, and regulatory challenges as applied to novel foods, food additives, and new production technologies.
Chemical contaminants and residue monitoring
Ensuring the safety and quality of the UK's food supply, particularly regarding chemical contaminants and residues in food, is crucial for protecting public health, promoting consumer confidence, and facilitating trade with EU partners.
By exchanging information, expertise, and best practice for the management of chemical contaminants and residues in food, the UK can base its approach to food safety on EU standards, bolstering consumer confidence and facilitating trade with EU partners.
6. The UK should strengthen its monitoring and control systems for chemical contaminants and residues in food, at least in line with EU requirements.
7. Maximum residue limits (MRLs) for pesticides, other contaminants, and veterinary drugs should be aligned with the EU, including Regulation (EC) No. 396/2005 and Regulation (EC) No. 470/2009.
8. The UK should enhance its national residue monitoring programmes and risk-based control systems to ensure compliance with EU regulations, incorporating regular testing and reporting of results.
Foodborne Disease Surveillance and Outbreak Response
Foodborne disease outbreaks pose a significant threat to public health and can have serious consequences for the food industry. To ensure the safety and protection of public health, coordination with EU institutions and member states on the surveillance and response to foodborne disease outbreaks is essential.
9. The UK should enhance its coordination with EU institutions and member states on the surveillance and response to foodborne disease outbreaks.
10. The UK should actively participate in the European Centre for Disease Prevention and Control (ECDC) surveillance networks and systems, such as the Rapid Alert System for Food and Feed (RASFF) and the European Surveillance System (TESSy). The UK should provide intelligence input to RASFF to facilitate a more effective and timely response to food safety threats.
11. The UK should collaborate closely with EU agencies and partners on epidemiological investigations, traceback efforts, and risk assessments related to foodborne disease outbreaks, ensuring access to EU databases, resources, and expertise.
Safeguarding UK standards against lower-quality imports
To ensure the safety and quality of the UK's food supply and maintain public confidence in the food industry and promote a level playing field for UK producers, the UK should prioritise seeking to ensure that all imported food products meet minimum regulatory standards equivalent to those applied to domestically produced food.
By conducting a review of existing trade agreements and establishing core standards covering food safety, animal welfare, and environmental protection that both domestic produce and imports must meet as a minimum when signing new trade agreements, the UK can promote a level playing field for domestic producers and protect consumer health and welfare.
12. The UK Government should seek to ensure that all imported food products meet minimum regulatory standards, including environmental requirements, equivalent to those applied to domestically produced food.
13. When negotiating new trade agreements, the UK Government should ensure minimum standards of food safety, animal welfare, and environmental protections of future imports are met and at least in-line with EU standards or UK standards where these are higher.
Animal & veterinary health
While it was argued that diverging from the EU’s Sanitary & Phytosanitary (SPS) framework may facilitate new trade agreements with other countries, it put an end to the regulatory harmony between the UK and the EU.
As a third country to the EU, British businesses are now subject to international sanitary and phytosanitary (SPS) controls, costing UK businesses millions in additional red tape and delays.
14. The UK should negotiate a new Sanitary and Phytosanitary (SPS) and veterinary equivalence agreement with the EU to facilitate seamless trade in livestock, plants, and related products. The SPS agreement should support wider Government efforts to level the trading playing field for UK food producers.
Organic food equivalence
The UK organic regime is recognised as equivalent, but only until 31 December 2023. Beyond this date, failing to ensure continued equivalence and a level playing field for UK and EU organic food producers risks further non-tariff barriers for UK producers.
15. The UK should maintain regulatory alignment between the UK and the EU for organic food standards to facilitate continued equivalence beyond 31 December 2023.
16. The UK Government should establish a new agreement between the UK and the EU within the TCA to monitor and enforce compliance with organic food standards and support ongoing cooperation.