The Official Controls (Location of Border Control Posts) (Scotland) Regulations 2026 - Business and Regulatory Impact Assessment

Executive summary

This is the final BRIA which considers the impact of the Official Controls (Location of Border Control Posts) (Scotland) Regulations 2026. The Regulations establish conditions under which a border control post (BCP) may be situated at a distance other than in the immediate vicinity of a point of entry. This change aims to address the current uncertainty that negotiations between the United Kingdom and the European Union (EU) regarding a potential Sanitary and Phytosanitary (SPS) Agreement have created. 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 creates uncertainty on investment decisions for establishing new BCP facilities at a point of entry. Regardless of the outcome of the negotiations, such an amendment may also facilitate new trade routes between Scotland and the EU.

The proposed amendment to the Regulations respond directly to stakeholder feedback, amending Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council (the OCR) by derogating from the rules on the designation of control points and from the minimum requirements for BCPs, and establishing an additional case and conditions under which a border control post may be situated at a distance other than in the immediate vicinity of a point of entry. Biosecurity has been prioritised when considering these changes to ensure compliance methods and safety are not compromised.

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’.

The proposed amendment to the Regulations increases the choice of BCP locations and would only impact operators that choose to engage with the updated conditions. The overall impact of the proposals, as a deregulatory move, is anticipated to be neutral to positive for businesses, workers, and Scotland’s communities in general. The proposals do not add specific costs or onerous measures and could allow new transportation routes between continental Europe and Scotland to be established, offering opportunities for investment, travel and tourism.

Options considered in policy development discussions included:

1. No change to existing legislation,

2. Establishing if there are grounds under existing law for designating a BCP to serve a point of entry where it is not in the immediate vicinity,

3. Amending the conditions for designating a BCP which is not in the immediate vicinity of the point of entry.

The Scottish Government has engaged with a range of stakeholders throughout the regulatory process. Internal stakeholders include Transport Scotland and multiple intergovernmental working groups. Externally, targeted stakeholder engagement via a short public consultation on Citizen Space was held between 16 December 2025 to 15 January 2026.

Following the public consultation, the proposed Regulations are planned to come into force on 21 March 2026.

Given the existing regulatory framework, non-regulatory voluntary options and industry standard setting have not been considered appropriate. The policy has not received any advice from the Regulatory Review Group.