From divergence to dynamic alignment: The UK-EU SPS Agreement explained

Simplification of trade between Great Britain and the EU/Northern Ireland

With the UK's exit from the EU, the trade in food, feed, animals, animal products, plants and plant products (“Products”) between Great Britain and the EU became subject to documentary requirements and SPS checks at the border. These requirements are intended to ensure that imported Products are compliant with the applicable product and health and safety regulatory standards of the destination country.

Due to the Northern Ireland Protocol, Northern Ireland remained aligned with EU SPS legislation. For this reason, the transfer of relevant goods from Great Britain to Northern Ireland became subject to checks. The introduction of the Windsor Framework eased the bureaucratic burden of the Northern Ireland Protocol for some trade in Products from Great Britain to Northern Ireland provided (amongst other things) “not for EU” labelling requirements are met.

The UK dynamically aligning with a wide body of EU SPS rules and of the creation of the SPS zone will mean the reversal of these SPS-related post-Brexit import requirements, with a wide range of Products no longer needing routine SPS border checks when traded between Great Britain and the EU. In addition, the SPS zone will smooth the transfer of most Products from Great Britain to Northern Ireland, as they will move without physical checks and “excessive” paperwork between Great Britain and Northern Ireland. As before the UK left the EU, simplified certifications may be needed for some movements, such as for live animals.

The creation of the SPS zone will therefore significantly ease the trade in Products between Great Britain and the EU/Northern Ireland.

EU SPS legislation in scope for UK alignment

After Brexit, most EU SPS legislation was carried over into domestic legislation as “retained EU law”. However, as the UK was no longer bound by EU law in respect of Great Britain, it was free to amend the retained EU law framework and divergence began to emerge.

As part of the UK Government's update on the UK-EU SPS Agreement, it has published an indicative list of the EU SPS legislation which the UK would align with under the proposed UK-EU SPS Agreement. This confirms that EU legislation covering a wide range of areas, including food and feed safety, information and labelling, health and nutrition claims, hygiene standards, additives, flavourings, contaminants, maximum pesticide levels, fortified foods, food contact materials, novel foods, animal health and plant health would once again apply to Great Britain.

A few key points to note:

• The EU rules are expected to replace (rather than add to) the rules currently applicable in Great Britain. The “dynamic” aspect of the planned alignment means that the UK will also align with any future changes in EU law.
• The UK Government has indicated that the UK will retain its own rules in certain areas, in particular with the aims of maintaining high animal welfare standards, supporting public health and supporting the use of new and innovative technologies. However, details of the exceptions have not yet been published and are still subject to negotiation.
• The UK Government has said that it understands that some businesses will require longer to adjust to the new arrangements and that efforts will be made to ensure a smooth transition. It is not yet clear if any transition period will be implemented and, if so, whether it would apply only to some businesses or some aspects of the Agreement.

While in some areas, the implications of the Agreement may be minimal as there has been little regulatory divergence with the EU since Brexit, others could face more significant consequences. For example, under the proposed terms of the UK-EU SPS Agreement, GB authorisations for novel foods and other regulated products would no longer apply and EU market authorisation would be required to place a novel food or other regulated product on the market in Great Britain. Given that the authorisation process can take several years and involve significant costs, this could have a severe impact on businesses that only hold a GB authorisation or have a GB application currently in progress.

On a related note, the Agreement could have significant implications for businesses operating in the CBD industry, many of which are currently permitted to sell CBD food products in Great Britain under a temporary scheme for products linked to a credible novel food application while their applications are assessed. As there is no equivalent EU scheme, alignment under the UK-EU SPS Agreement could require such businesses to stop selling CBD food products in Great Britain unless and until they obtain full novel food authorisation (which has so far not been obtained for any ingestible CBD product in Great Britain or the EU).

Next steps

The UK Government is encouraging businesses to start getting ready now to be prepared for the Agreement taking effect in mid-2027. Businesses should review their operations and supply chains, consider the areas relevant to them where UK-EU divergence has occurred since Brexit and assess the impact future alignment will have.

Further, the UK Government has launched a Call for Information which will close on 23 April 2026. This is intended to assist the UK Government with understanding the impact of the Agreement and help ensure that future support and guidance reflects what businesses need. The Call for Information can be found here. 

More detailed guidance on the implications for businesses is due to be published by the UK Government in May 2026 and further updates will be published as the negotiations progress.

Authored by Daniel Shapland, Aline Doussin, and Micaela Bostrom.