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FOOD PRODUCTS AND AGRICULTURE

Sanitary and phytosanitary controls

With ratification of the Withdrawal Agreement of the UK from the EU, the transition period becomes effective starting on 1 February 2020, lasting initially until 31 December 2020.

For this period of time, the movement of live animals (including pets), products of animal origin, plants and vegetable products between the UK and the EU will continue to be governed by the same sanitary and phytosanitary conditions as any movement between EU Member States, so there will be no customs or non-customs controls.

This website will duly report on any agreements that are negotiated with the European Commission.

What effects will Brexit have on the procedure for communicating the marketing of food products?

The rules of the single market, and thus the free movement of goods, will remain in force. There will therefore be no change with respect to current conditions.

Companies must take into account that their businesses must be equivalent to those in the rest of the European Union Member States in terms of the procedures for communicating the marketing of food products (food supplements and food products for certain segments of the population).

Will customs tariffs be established for products from the United Kingdom or for products we export to the UK?

Customs tariffs will not be established until the transition period expires. They will then depend on the specific agreements reached between the parties during this period.

What products will be subject to health controls by the Ministry of Health's Foreign Health services?

Products introduced or imported from the UK will not be subject to health controls until the transition period expires. The controls will depend on the specific agreements reached between the parties during this period.

What requirements must be met to place or import products for human use or consumption subject to control by the Foreign Health services?

The specific health requirements for introducing or importing the different products subject to inspection by the Foreign Health services into EU territory may be consulted at the following URL: https://www.mscbs.gob.es/profesionales/saludPublica/sanidadExterior/controlesSanitarios/procedControl/home.htm

How does Brexit affect health controls on the import and export of food?

The UK will continue to apply EU legislation until the end of the transition period. Goods will therefore continue to move freely, as has been the case to date, with the same legal requirements and without applying customs tariffs.

Will EU rules on food quality and safety no longer apply to products originating in the UK? What controls will be implemented for products originating in the UK?

The UK will continue to apply EU Law during the transition period.

Will there be any limitation on the entry of personal packages or luggage from the UK that contain food products?

The UK will continue to apply EU Law until the end of the transition period, so in principle there will be no restrictions on the entry to the EU of personal items that include food products from the UK.

Will it still be possible to market and use plant varieties from the UK catalogue?

Once the UK becomes a third party, the registration in the EU Common Catalogues of plant varieties registered solely at the request of the UK will be cancelled. As a result, these varieties may not be marketed in the rest of the EU.

The 27 Member States and the European Commission have established simplified procedures by which breeders may easily register varieties in at least one of the 27 Member States. This will mean that the plant varieties in question will continue to be registered in the Common Catalogues, allowing their marketing in the EU after Brexit.

Differentiated quality products

May Spanish food with a protected denomination of origin (PDO) or protected geographical indication (PGI) continue to be sold in the UK? Will their names be protected?

With respect to the first question, in theory the UK will subject import of PDO or PGI products to the same rules as similar products without a geographical indication.

As to protection of their names, the Withdrawal Agreement lays down that the PDOs and PGIs registered in the EU, which are therefore legally protected within the EU as of 31 December 2020 (the last day of the transition period), will enjoy the same level of protection in the UK as that granted under current EU law. The denominations registered after this date must be included in the negotiations of the future trade agreement between the EU and the UK.

What protection will be offered in the EU market to the protected denominations of origin (PDOs) and the protected geographical indications (PGIs) of food recognised in the UK?

The principle of mutual recognition will apply temporarily and the PDOs and PGIs registered in the UK and therefore legally protected within the EU until 31 December 2020 (the last day of the transition period), will enjoy the same level of protection in the EU as that granted under current EU law. The denominations registered after this date must be included in the negotiations on the future trade agreement between the EU and the UK.

CAP and CFP

Will British farmers and fishermen comply with the same rules as those of the EU?

The farmers and fishermen of the EU will continue to participate in the Common Agricultural Policy (CAP) and Common Fisheries Policy (CFP), and respect their rules and obligations, until the end of the transition period (initially 31 December 2020).

In the agreement governing future relations the European and Spanish negotiators will take care to avoid any situations of unfair competition with respect to the regulations that may be decided by the UK for its agriculture, fisheries and food in the future; and will adopt any necessary measures that may be required.

How will Brexit affect the subsidies under the Common Agricultural Policy (PAC) and the Common Fisheries Policy (CFP) in Spain?

The UK will have to continue to comply with all its financial obligations derived from its commitments under the current Multiannual Financial Framework for 2014-2020, which includes subsidies under the First Pillar of the CAP to 2020, the commitments to the rural development programmes of the current framework paid until 2023 and the European Maritime and Fisheries Fund (EMFF). Thus, during this period, Brexit should have no effect on the subsidies in Spain.

Given this, the subsidies in Spain corresponding to the two EU policies will depend on that which is agreed between the 27 remaining Member States on the future Multiannual Financial Framework for 2021-2027.

For more information see the website of the Ministry of Agriculture, Fisheries and Food.

Non official translation