Border Control Posts (BCPs) - minimum location requirements: consultation

3. Specific proposals

3.1 Distance requirements

The Scottish Government is proposing that there are limitations on how far a BCP may be located from a point of entry and still be designated as a BCP for that point of entry.

In England, goods arriving at the Port of Dover for checks are directed to the Sevington BCP, which is located about 20 miles from the point of entry. The Scottish Government considers that this represents the type of distance over which arrangements may be made to adequately manage risks of goods being diverted or offloaded before checks may be carried out.

The Scottish Government is also proposing 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 in the same freeport or outer boundary of the freeport. Freeports in Scotland are known as ‘Scottish Green Freeports’. They are identified areas with areas designated within them as special tax sites. Freeports are intended to encourage investment and development. This ensures that this measure is targeted at areas for development and investment. It also ensures that goods will not be carried over significant distances before checks are carried out. The Scottish Government considers this preferable to other ways of defining the area in which a BCP may be designated in relation to a point of entry (for example by requiring it to be less than a particular distance from a point of entry, or in the same local authority area as a point of entry).

3.2 Protecting biosecurity and public health

The Scottish Government considers that in cases where a BCP is to be located in the area, but not in the immediate vicinity of a point of entry, 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 does not propose to change this minimum requirement.

The Scottish Government considers 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. The Scottish Government considers that what will be appropriate arrangements may differ depending on the type of goods, and the distance of the BCP from the point of entry.

The Scottish Government is also proposing to make it 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. This means that 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.

3.3 Time limiting changes

The proposed changes are 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 are not intended to be a permanent derogation from the minimum requirements as to the location of a BCP.

If the negotiations for an SPS Agreement between the UK and the EU are unsuccessful, the Scottish Government may wish to allow some time for any operators who have benefited from the proposals to continue to benefit from them for a time limited period.