FPC and port operators are calling for compensation after latest post-Brexit border decision
Fresh Produce Consortium CEO Nigel Jenney has hit out at the government over its latest U-turn on post-Brexit border checks, demanding clarity, compensation, and common sense as businesses count the cost of now-redundant infrastructure.
Jenney said it is impossible for the industry to prepare due to a lack of adequate information and void of confidence in the government.
“We’ve already, as an industry, shown commitment,” he said. “We have invested huge amounts of money – millions of pounds – in building infrastructure in good faith at our own cost to allow goods to be inspected.
“For years, we’ve been urging the government to engage properly with industry and provide clear, consistent timelines for import requirements,” Jenney continued. “The fresh produce sector alone has invested millions – with no grant funding – in specialist inspection facilities at the government’s request.
“These are now largely underutilised due to a deliberate failure to provide enough official inspectors. Without urgent action, these sites will become white elephants.”
Jenney’s comments follow the government’s decision to once again delay the introduction of sanitary and phytosanitary (SPS) checks on food and plant imports from the EU – the fifth such postponement since Brexit. He said businesses that had taken the government at its word and invested in readiness are now facing “financial turmoil”.
“We don’t know when these regulations will come into force,” Jenney said. “We are just starting the southern hemisphere citrus season. These non-EU products and many more may be subject to new regulations, but we just don’t know. It’s beyond frustrating.”
FPC outlines key asks
FPC is urgently calling on the UK government to provide a clear timetable for the new SPS agreement, including when it will be finalised and applied.
It also wants the 1 July 2025 BTOM implementation deadline for EU fruit and vegetables extended until the agreement is in place, or for the government to ensure that industry control points are fully staffed with official inspectors 24/7 and/or Authorised Operator Status to be adopted simultaneously.
It wants unnecessary border controls on non-EU sourced fresh produce to be avoided by adopting long-term derogations from dynamic alignment to facilitate UK sales, thereby ensuring these goods are not subject to inappropriate SPS checks or blanket EU standards for UK-only consumption.
“As 1 July rapidly approaches, after constantly requesting clarification from government, both FPC and the recent Parliamentary EFRA Committee have been unable to secure the necessary information,” Jenney said. “There is still no clarity over whether or when the new import regime will be enforced.”
The FPC and port authorities are calling for compensation, with the British Ports Association reporting that over £120mn has been spent by ports in preparation for post-Brexit checks, including £23mn at Portsmouth International Port alone.
“These facilities were built in good faith, under clear government direction,” said Jenney. “If they’re now surplus to requirements, the government must do the right thing and reimburse those who acted responsibly.”
Jenney added that despite the upheaval the FPC stands ready to work with government to build a proportionate, effective border regime. “But we won’t sit back while our sector’s time, money and trust are squandered,” he concluded.
