Policy & Compliance
The agent’s role in moving sanitary and phyto-sanitary goods into the UK
The moving of food stuffs subject to SPS controls has always been associated with additional operational administrative requirements. However, freight forwarders are now also becoming responsible for the legal side of affairs
which is the retained EU legislation, uses the term person/operator responsible for the load/ consignment (PRFL) but the definition of the term is very fluid and rather contractual (confusingly the Border Target Operating Model assigns this role to the driver who, in reality, is very unlikely to be aware of the requirements applicable to the commodity on the trailer). Additionally, different approaches to animals/animal products and plants and/or plant products mean that depending on the classification of a product, the agent’s role may be understood differently. For plants and plant products, for example, it is the importer who in principle is liable for any associated SPS charges. It is worth noting here that in IPAFFS, an intermediary functionality currently only exists for plants and plant products, so in circumstances where an agent has undertaken the IPAFFS notification, the liability for the cost will rest with the end importer. With regards to detected non-
W hen DEFRA released the details of the Common User Charge (CUC), BIFA highlighted a number of the CUC- related issues as reasons for concern. The charge was announced very late, and it immediately became very clear that the system did not offer anything other than just basic functionalities. For instance, the payment mechanism allowed for only one paying party to be declared on the system. Little thought had been given to goods transiting the UK as the requirement for the payer to be established in the UK could not be enforceable when no party involved in the movement of goods was actually present in the UK. Traders are yet to receive their first invoices after a 12-week grace period, but the system’s limitations
force many agents into effectively becoming debt collectors working on DEFRA’s behalf. This, one could say is a minor nuisance but in practice it is another administrative burden on the freight forwarder and associated with risk and a potential cashflow impact. Industry’s concern BIFA communicated the industry’s concern with regards to this and other issues related to the CUC and it is expected that certain improvements will be delivered in the future, although there is no clarity as to what this may mean exactly. What is also concerning is that there still seems to be a lot of confusion about the agent’s role in the supply chain of sanitary and phyto-sanitary (SPS) goods. The legislation, the majority of
“ What is also concerning is that there still seems to be a lot of confusion about the agent’s role in the supply chain of SPS goods
12 | June 2024
www.bifa.org
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