From farm to fork? Brexit and the International Plant Protection Convention

• Published in: Environmental law review Vol. 26; no. 3; pp. 185 - 202
• Main Author: Holden, Laura
• Format: Journal Article
• Language: English
• Published: London, England SAGE Publications 01-09-2024
• Subjects: convention; environment; trade; plants; regulations; Brexit; phytosanitary; food
• ISSN: 1461-4529; 1740-5564
• DOI: 10.1177/14614529241259879

Import and export controls ensure plant pests and diseases harmful to food production, the plants across our landscape, and ecosystem services, are not moved during trade. The ‘International Plant Protection Convention’ (IPPC) provides the framework for applying preventive measures where they are technically justified, and stipulates controls are not to be used as arbitrary restrictions on international trade. This article examines the aims of the Brexit trade agreements and reviews their alignment with the IPPC and other World Trade Organisation agreements. It argues that unjustified controls have been applied under the guise of protective requirements (contributing to EU-GB trade disruption) and identifies a divergence at the point of regulatory implementation of these laws and treaties by official bodies on both sides. The article reviews the position of Northern Ireland, which, to avoid a ‘hard border’ on the island of Ireland, remains under the European Union (EU)'s plant health (phytosanitary) regime. Reflecting on legislative options available to bring the application of plant health regulations into alignment with the IPPC (such as dispute resolution), these options remain unused. However, the possibility of utilising ‘import authorisations’ would leave neither Great Britain nor EU Member States exposed to any greater environmental risk than that under the single market.