No images? Click here Dear subscriber, We hope you are all keeping safe and well during this challenging time. The FSAI continues to keep you updated on Brexit changes that will affect your food business. Following completion of the ratification processes in the EU and the UK, the UK left the EU on the 31 January 2020. While no longer a member of the EU, the Withdrawal Agreement provides for a transition period until 31 December 2020. During this transition period, the UK will remain part of the EU's Single Market and Customs Union, and EU rules and regulations will continue to apply. There will be no immediate changes for citizens and businesses in their day-to-day dealings. The Withdrawal Agreement includes a new Protocol on Ireland / Northern Ireland, which allows for a more permanent set of arrangements to address the challenges of Brexit on the island of Ireland. Northern Ireland will remain in the UK customs territory but will continue to apply the rules of the Union Customs Code.
So what happens after the transition period?The EU have recently published an updated notice on food law to stakeholders which:
The EU advises food businesses to ensure they are established in the EU where this is required by EU law, and reflect this in their food labelling. They also highlight the need to adapt distribution channels to take account of importation requirements. What is the legal situation at the end of the transition period?At the end of the transition period, EU law no longer applies to the UK. The EU Stakeholder notice (linked above) outlines what consequences this will have for food businesses. What about food placed on the market before the end of the transition period?Article 41 of the Withdrawal Agreement allows for a food of non-animal origin that was lawfully placed on the EU or UK market before the end of the transition period, to be able to be made available on the EU or UK market and circulate between these two markets after the transition period. This is only relevant to foods of non-animal origin e.g. drinks, deserts, bread, cakes, confectionary. For food of animal origin e.g. meat, milk, eggs, honey or foods containing these as an ingredient, this provision does not exist and therefore foods of animal origin have to comply with EU food law as of the end of the transition period, no matter if the food of animal origin had been placed on the UK market before the end of the transition period. What about Northern Irish products?At the end of the transition period EU food law will continue to apply to and in Northern Ireland. The Protocol on Ireland and Northern Ireland provides that insofar as EU rules apply to and in the UK in respect of Northern Ireland, Northern Ireland is treated as if it were a Member State. This means that references to the EU and EU Member States in EU food legislation include Northern Ireland, so for example a Northern Irish food business address can continue to be used on food labelling after the transition period. The FSAI will continue to keep you updated on any Brexit changes that will affect your food business. Visit www.fsai.ie/Brexit or email brexit@fsai.ie if you have any specific questions. Look out for future FSAI Brexit Ezines. You can change your preferences or unsubscribe at any time using the links at the bottom of the email. |