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

Section 1: Background, aims and options

1.1 Background to policy issue

In May 2025 the UK Government announced that it would seek an SPS Agreement with the EU with the objective of removing the existing trade barriers for food and agricultural products that were created by the UK leaving the EU. If an SPS Agreement is reached, this would result in the vast majority of movements of animals, animal products, plants and plant products between Great Britain and the EU no longer requiring many of the certificates and border controls that are currently in place. Such an agreement would be expected to remove the current requirement that goods must pass through a BCP when entering Scotland.

Whilst negotiations continue, there remains uncertainty for investment decisions on establishing new BCP facilities. To address this uncertainty, Scottish Ministers have consulted on changing the conditions for the location of a BCP. The proposals are expected to only impact operators that choose to engage with the updated conditions for BCPs through an altered use of existing facilities or an investment in new facilities for reasons of business, trade, or travel. 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.

Where relevant, viable operators may implement new investments or arrangements. This proposal is compatible with the Scottish Government’s second priority, Growing the Economy, offering the potential for new business, trade or travel opportunities.

1.2 Current Position – before proposed changes

Since leaving the EU, the introduction of import controls under the UK Government’s Border Target Operating Model (BTOM) has meant that SPS products are required to enter Scotland through a designated BCP. This is a requirement under schedule 5 of the Trade in Animals and Related Products (Scotland) Regulations 2012 and Annex 6 to Regulation (EU) 2017/625 (the Official Controls Regulation). Official controls are carried out at the first point of entry so that SPS products are not diverted or offloaded before those controls or activities can be carried out. A BCP must be in the immediate vicinity of the port of entry, a requirement under Article 64 of Regulation (EU) 2017/625 of the European Parliament and of the Council. An exception exists under Article 3 of Commission Delegated Regulation (EU) 2019/1012 where specific geographical constraints prevent or restrict the efficient performance of official controls and other official activities.

The proposed changes are necessary to address investment uncertainty. There are currently no existing policies that could address this issue, and no other reliable options are available if the Scottish Government intends to respond to this uncertainty in a timely manner. No other policy changes are being considered in other areas of the Scottish Government that could help address this problem.

Scottish Government representatives have met with a range of stakeholders on numerous occasions throughout the policy development and regulatory process to explore available options. Targeted stakeholder engagement via a short public consultation was launched in December and ended 15 January 2026.

1.3 Types of Business, Economic Sector, Groups or Communities that could be affected by the issue and its proposed solution

Businesses and individuals seeking a direct ferry route connecting Scotland and continental Europe would benefit from the proposed solution. Both freight imports and exports could benefit from such a route, as could travellers. One such proposal has already been made public.

Only two Scottish Green Freeports, Inverness and Cromarty Firth and Firth of Forth, qualify as locations where businesses would be able to take advantage of the proposed changes. No particular size of business is likely to be specifically affected by the changes.

The Scottish Government has maintained ongoing communications with those considered within scope of the proposed arrangements who may be directly or indirectly impacted.