Minimum requirements for the location of Border Control Posts (BCPs): consultation analysis

2. Background

Since leaving the European Union (EU), imported Sanitary and Phytosanitary (SPS) products from the EU are required to enter Scotland through a designated BCP. Official controls on goods are performed at BCPs to ensure that the goods comply with rules for the protection of human, animal or plant health, animal welfare, or the environment.

In May 2025, the UK Government and the EU agreed a Common Understanding. As part of this understanding, the parties agreed to work towards establishing a ‘Common SPS Area’ by way of an SPS agreement. This is a welcome possibility and something that the Scottish Government has long advocated for.

If an agreement is reached, the vast majority of movements of animals, animal products, plants, and plant products between Great Britain and the EU would take place without the controls that are currently in place. Such a possibility also creates uncertainty on investment decisions for establishing new BCP facilities at a point of entry.

Currently assimilated legislation sets out the minimum requirements on the location of BCPs. The distance of the BCP from the point of entry may not exceed what is needed to overcome the constraints of geography and the BCP and the point of entry are required to be under the competence of the same customs authority. This is so that consignments can be moved from the point of entry to the BCP without being placed and handled under a customs procedure.

As part of this consultation, the Scottish Government proposed that there are limitations on where a BCP may be located with relation to a point of entry and still be designated as a BCP for that point of entry.

The Scottish Government also proposed that where a BCP may be located at a place not in the immediate vicinity of a point of entry, that the BCP and the point of entry are to be in the same freeport or outer boundary of the freeport.

In cases where a BCP is to be located in the area, but not in the immediate vicinity of a point of entry, the Scottish Government considered that there must be conditions which adequately protect biosecurity and public health. Under current legislation, a BCP must be located at a sufficient distance from establishments or places where animals, plants, plant products or other products, which are susceptible to being infected by transmissible disease or pests, are kept or grown. The Scottish Government did not propose to change this minimum requirement.

The Scottish Government also considered that appropriate arrangements must be put in place to manage any risks that would arise from a BCP being located at a distance from the point of entry. As part of the consultation, it proposed a requirement that, before the Scottish Government will designate a BCP at a distance from a point of entry, the Scottish Government must be satisfied that the person who will be responsible for operating the BCP will put in place adequate measures to manage any risk to human, animal or plant health or the environment. The Scottish Government will need to be satisfied that the particular arrangements to be put in place will be suitable for the type of goods and the distance of the BCP from the point of entry.

The proposed changes were only intended to deal with the uncertainty of the present situation while an SPS Agreement between the UK and the EU is negotiated. The proposed changes were not intended to be a permanent derogation from the minimum requirements as to the location of a BCP.

Making regulations to provide for additional cases where a BCP need not be in the immediate vicinity of a point of entry were proposed in order to potentially:

• Enable an existing BCP designated for a specific category of goods at one point of entry to also serve as the BCP for the same goods arriving at another point of entry;

• Allow an existing BCP to be designated for an additional point of entry in its area, requiring only minor facility adjustments to accommodate a new category of goods; and

• Support the development and designation of a new BCP to serve multiple points of entry within the area.

The Scottish Government did not propose any changes to the minimum requirements regarding the facilities that must exist at a BCP in order to be designated. No change was proposed in relation to the minimum requirements for the location of a BCP for official controls on the importation of live animals. The proposed changes only concerned BCPs for goods.

There is also currently a requirement that a BCP be either in a place which is designated by the customs authorities or within a free zone. The Scottish Ministers did not propose any change to this requirement.