SPS Agreement

In a significant development for the Irish Agri-Food sector, the EU and the UK have agreed to work towards establishing a Common Sanitary and Phytosanitary Area by way of a so called “SPS Agreement.” This announcement was made at the inaugural UK-EU Summit which took place on 19 May 2025. The deal encompasses a number of areas, but in this piece we consider the agreement reached in relation to sanitary and phytosanitary products (“SPS products”).  The aim of the SPS Agreement is to allow the vast majority of animals, animal products, plants and plant products to move throughout the EU and Great Britain, without the need for controls. The Windsor Framework would continue to apply to Northern Ireland and allow it to retain its dual access to both the UK domestic, internal market and the EU’s single market. 

Change to the current position

At present, EU and UK relations are governed by the UK and EU Withdrawal Agreement, the Northern Ireland Protocol (and the subsequent Windsor Framework) and the UK and EU Trade and Cooperation Agreement. Under the current status quo, Northern Ireland currently follows many EU laws on the regulation of goods, which means that imports into Northern Ireland from the rest of the UK are subject to checks and controls to ensure compliance with EU law (often referred to as the “Irish Sea Border”). By harmonising UK and EU rules on SPS products (i.e. agrifood and plant produce), these administrative burdens should be substantially reduced, as there will be no regulatory differences between the two jurisdictions in relation to the vast majority of products and so no physical checks required at Northern Irish ports. However, customs declarations would still be required. This agreement represents potentially the most significant easement of post-Brexit trading rules since the UK left the EU. 

As regards the scope of the agreement, the European Commission in its statement on the deal noted that it should cover: 

“sanitary, phytosanitary, food safety and general consumer protection rules applicable to the production, distribution and consumption of agrifood products, the regulation of live animals and pesticides, the rules on organics as well as marketing standards applicable to certain sectors or products.” 

Commission President von der Leyen has also spoken in support of the agreement, stating that it will “provide more certainty and more stability” for food producers, fishers and farmers as well as safer food and greater trust from consumers. She also commented on the significance of the agreement in light of the current political climate, noting that “[i]t is a message that at a time of global instability – and when our continent faces the greatest threats it has for generations – we in Europe stick together.” 

Reaction

The deal has been subject to criticism in the UK by those who argue that its terms betray Brexit voters, as the UK will be subject to EU agri-food rules without having a say in how those rules are made. However, news of the agreement has been broadly welcomed by industry bodies and stakeholders. It is hoped that the deal will benefit producers, retailers and customers alike and lead to lowering of prices for consumers as well as greater consumer choice. It is particularly welcome from an Irish export point of view as it should simplify the process from an administrative standpoint. It is also understood that the SPS Agreement will have no time limit, which will provide certainty and stability to businesses. Importantly, “dynamic alignment” has been built in, so that as the relevant EU rules evolve, the future SPS Agreement will encompass these changes. 

The overall agreement also includes a fishing deal which will govern the terms granting the EU access to UK waters until 2038. 

What’s next?

This deal reached on 19 May 2025 is a statement of intent as opposed to a signed-off deal with legal effect. The agreement will now need to be finalised as a legal text, which is likely to take several months. Implementation of the finalised deal is unlikely to occur before the end of 2025, and the existing rules will remain in place in the meantime. 

Finally, in a separate development which will also be keenly monitored by the agri-food sector, the European Commission recently presented a package of measures aimed at simplifying the Common Agricultural Policy, as promised in the Vision for Agriculture and Food published earlier this year. We are monitoring such developments and will provide relevant updates in due course. 

Thanks to Miriam Riordan for her assistance with this piece. 

For more information, please contact our Food and Agri Group.