The Prime Minister’s statement on 31 January that: “Tonight we are leaving the European Union” is technically correct writes Political Affairs Manager Clare Slipper.

The UK has left the EU, if only to enter a ‘standstill transition’ which will be in place to the end of this year.

The transition period may be ‘standstill’ in terms of carrying over rules, regulations and obligations between the UK and the EU. But in terms of the political activity over the next ten months, it will be anything but (and we thought the last three years were hectic enough!).

This week, the negotiations between the EU and the UK on the future relationship began in earnest.

Naturally, trade in goods concerns a substantial aspect of the talks. Both sides wish to achieve a deal that ensures tariff and restriction-free trade. This is a big tick in terms of NFU Scotland’s own ambitions for the future deal.

However, central to finding agreement on free trade will be what is known as the ‘level playing field’ – an aspect where fundamental differences of aims are rapidly emerging between the two sides.

What is the level playing field and why is it important for Scottish farmers and crofters?

In its mandate, the UK Government states:

“The Agreement should promote trade in goods by addressing regulatory barriers to trade between the UK and EU, while preserving each party’s right to regulate, as is standard in free trade agreements. It should apply to trade in all manufactured goods, as well as to agri-food products for issues not covered by sanitary and phytosanitary (SPS) requirements.”

From the EU’s perspective, this does not constitute a binding commitment against future regulatory divergence with the EU – a red line issue for the EU, and one which (in the words of a commentator last week) will cause “an almighty row”.

The relevance of this potential dispute to agriculture in Scotland is the concern that the UK Government reserves the right to diverge on regulations with the EU in order to make space for trade deals with other countries that could offer up market access for agri-food produce that has been produced to lower standards than those required of our own producers. For NFUS, such an outcome is untenable.

On a playing field elsewhere, the UK Government has also this week published its priorities for a future trade agreement with the United States.  The document highlights agriculture as a ‘sensitive’ area, and states “we will not compromise on our high environmental protection, animal welfare and food standards [and] without exception, imports into the UK will meet our stringent food safety standards”.

Once again, this is a big tick – but only if the US as the negotiating partner upholds its side of the bargain in terms of the level playing field.

This is why NFU Scotland, and the other UK farming unions, are calling for a legislative commitment from the UK Government that it will ensure any and all imports of agri-food produce from third countries are held to the same standards of environmental protection, food safety, animal welfare and traceability as UK farmers.

After all, there’s no point having a level playing field if the two sides are playing to different rules.

Notes:

• The UK Government’s approach to the future relationship negotiations can be found online here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/868874/The_Future_Relationship_with_the_EU.pdf
• The European Union’s approach to the negotiations is online here: https://www.consilium.europa.eu/media/42736/st05870-ad01re03-en20.pdf
• The UK Government’s approach to trade talks with the US is online here: https://www.gov.uk/government/publications/the-uks-approach-to-trade-negotiations-with-the-us 
• A copy of NFU Scotland’s 2018 submission to the UK government consultation on a USA Free Trade Agreement is available on request from media@nfus.org.uk