Minimum requirements for the location of Border Control Posts (BCPs)
Overview
In May 2025, the UK Government and the European Union (EU) agreed a Common Understanding to explore an increased understanding in a number of areas. One of these areas concerns the possibility of establishing a 'Common Sanitary and Phytosanitary (SPS) Area' under an SPS Agreement. 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.
At present, SPS products which are imported directly into Scotland from EU Member States are required to enter through a Scottish point of entry with a designated Border Control Post (BCP).
Although BCPs are designated by Scottish Ministers, decisions to establish the facilities required for a BCP are principally investment decisions for operators.
The possibility of an SPS agreement with the EU is a welcome possibility that the Scottish Government has long advocated for. It does, however, also create uncertainty on investment decisions for establishing new BCP facilities at a point of entry.
Current assimilated legislation sets out the minimum requirements on the location of BCPs. Amendments to current legislation would allow for an additional case where a BCP may be designated for a point of entry outwith the immediate vicinity of the point of entry, but under conditions which adequately protect biosecurity and public health.
This consultation seeks your views on amending the minimum requirements for the location of BCPs in Scotland. Such an amendment is being considered to address the uncertainty for investment decisions. Regardless of the outcome of the SPS Agreement negotiations, such an amendment may also facilitate new trade routes between Scotland and the EU.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Consultation questions preview
The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.
- Do you agree or disagree with the Scottish Government's proposals to amend the minimum requirements for the location of a Border Control Post (BCP)?
- Do you agree or disagree that such a possibility should be time limited?
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What are the benefits that you envisage with this proposal?
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What are the disadvantages that you envisage with this proposal?
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What biosecurity or risk management provisions would be most appropriate to include?
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.
An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.
You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
The purpose of this consultation is to consider amending the minimum requirements for the location of BCPs in Scotland.
The intent of the proposed amendments is to address the uncertainty for investment decisions regarding new BCP facilities at a point of entry and in doing so, facilitate new trade routes between Scotland and the EU.
Consultation is an essential part of the policy-making process. It gives us the opportunity to consider your opinion and expertise on a proposed area of work. The feedback and responses will be analysed and used as part of the decision-making process, along with a range of other available information and evidence.
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