An internet garden centre boss who is now unable to fulfil hundreds of customer orders to Northern Ireland is urging relevant agencies to review new Brexit trade rules.
Chris Bonnett, founder of GardeningExpress.co.uk, has written to the Animal and Plant Health Agency as a three-month grace period that plant retailers were supposed to be getting as part of the Brexit deal has not been honoured.
New trade regulations that have been implemented have left some English plant growers unable to ship products to retail customers or supply garden centres in Northern Ireland without lengthy inspections that are causing major delays.
This is despite nurseries being told that plant and plant product suppliers were included in a list of authorised trades that were going to be given a three-month grace period, meaning that the new regulations and inspections would come into force on 1 April 2021, not 1 January 2021.
Chris now believes that the way the new rules are being implemented leaves UK growers at a severe competitive disadvantage, as well as the UK’s plant health status at risk.
He feels that, had the sector been aware that the grace period would not be honoured, it could have been better prepared and therefore been able to continue shipping to Northern Ireland from 1st January.
Another of Chris’ concerns is that high risk species can still be shipped directly from EU states into Northern Ireland without the level of checks British agencies are trying to enforce on domestic sellers to ensure the country remains free of plant diseases.
Foreign sellers can also have a 20% advantage in their retail pricing to UK customers because they benefit from low value consignment relief and therefore do not have to charge any VAT to the UK consumer, meaning they also have a monetary advantage.
Chris Bonnett said: “When the Northern Irish trade agreement was finalised, we were told that authorised traders would be given a three-month grace period from official certification for products of animal origin, composite products, food and feed of non-animal origin and plants and plant products.
“So, the fact that we’re now unable to ship many plants without adhering to the lengthy and rigorous checks brought about by the new regulations, whilst our EU based competitors can, already is very frustrating.
“Had we known that the grace period wasn’t going to be honoured for us, we could have been much better prepared so that customer orders could have been shipped without any issues.
“Now, we’re unable to fulfil hundreds of customer orders from Northern Ireland which is extremely frustrating, detrimental to my business and unfair to the customers.
“As a UK registered company and an Animal and Plant Health Agency (APHA) registered nursery and trader, I believe under the various legal definitions we are authorised, and accordingly, should be able to operate freely throughout the UK during this grace period.
“This would then allow us to ensure we are in a position to meet all the new regulations we are obliged to. Our understanding is that the new regulations would therefore commence on 1 April 2021, not 1 January 2021.
“I feel it is unfair that we are unable to ship goods within our own country, which would be controlled and regulated as they should be, yet various other parties can ship in from abroad without restriction.
“If a neighbour was to import a pathogen carrying plant in this manner and infect my entire stock, what would be my position in respect of the financial loss, both in terms of stock and effectively closing my business?
“This to me is a wholly unacceptable situation, and the industry will suffer a substantial loss of business, and it will put many jobs at risk across the industry.”
Here is the text of the open letter sent to APHA/Defra:
Dear Frances & Jon,
This is an open letter that I am sending to various trade press and media outlets, and serves to inform you that I am now taking this issue further with the Essex Chamber of Commerce, various MPs, and any other contacts necessary to get this issue fully aired to the highest levels. This is because as it stands I feel it is a farse that we are unable to ship goods within our own country, which would be controlled and regulated as they should be, yet various other parties can ship in from abroad without restriction.
This is by no means a reflection of the professionalism of the service and advice you have always offered and provided, and I understand you are only trying to enforce a new set of rules and regulations as you understand them, or have been advised from higher up in your department. I cannot however stand by and see the destruction of a valuable part of my business that I have painstakingly built up from nothing over the last 20 years, at the very least I owe it to my team, the staff that may be adversely affected, and indeed, feel I must speak up for the wider trade and members of the horticultural industry that will, if they are not already, be severely impacted by these measures. I genuinely fear if someone else sees the destruction of their bread and butter through no fault of their own by these measures we could see businesses fail and peoples lives destroyed.
The way the rules are being implemented now leaves us at a severe competitive disadvantage, and the UKs plant health status at risk. e.g. High risk species can be shipped directly from EU states into Northern Ireland without the level of checks the hard working team at APHA are trying to enforce to ensure we remain free of some of the terrible plant pathogens afflicting the continent. Further, the entities shipping in from abroad have a 20% advantage in their retail pricing to UK customers because they benefit from low value consignment relief and therefore do not have to charge any VAT to the UK consumer, (unless it is covered by HMRC Distance Selling Regulation and they have declared themselves to be due to be Registered for VAT). This is thus allowing them to ship all sorts of plants, including species I'm quite certain you and your team would not like to see, to the UK under the radar of APHA, and with such a financial advantage, this is only likely to be an ever increasing problem.
If a neighbour was to import a pathogen carrying plant in this manner and infect my entire stock, what would be my position in respect of the financial loss, both in terms of stock and effectively closing my business?
This to me is a wholly unacceptable situation, and will cost the industry substantial losses of business, and put many jobs at risk across the industry.
I am disappointed that the various regulations, we are now obliged to abide by, were being drafted when the various advice and appropriate growing season inspections of all our products were taking place last year. Had we all been aware of this, we could have potentially been 100% prepared, inspected at that time, and therefore been able to ship to Northern Ireland from 1st January as previous.
I am also confused that I was given to understand that we should be under a 3 month grace period for trade with Northern Ireland, under the following terms;
"Authorised traders such as supermarkets and their trusted suppliers will be given a 3-month grace period from official certification for products of animal origin, composite products, food and feed of non-animal origin and plants and plant products."
Therefore, to my mind, as a UK Ltd company and an APHA register nursery and trader, I believe under the various legal definitions we are authorised, and accordingly, should be able to operate freely throughout this grace period. This would then allow us to ensure we are in a position to meet all the new the new regulations we are obliged to. Our understanding is that the new regulations would therefore commence on the 1 April 2021 not the 1 January 2021.
Please clarify APHAs specific interpretation of this grace period policy. I may need to take further legal advice to progress this matter subject to APHAs interpretation. I would appreciate an acknowledgement to this email by 29th January 2021, and a full response to the above grace period question within 7 days.
Separately, in reference to the email response from Frances regards plants entering the UK to PODs and then being further traded, in which she advised they would then require UK passports, I can confirm that various continental exporters are not respecting these rules. They have set up UK addresses, such as their accountants offices, to utilise as PODs for a full lorry, and the plants are then distributed without trace to the various outlets they sell to. They are therefore continuing to trade as they did before and without complying to the Regulations. I did previously raise my concerns that this would be a problem. It appears my concerns are coming true. It also concerns me that high risk species could already be entering the UK in this way, and you would have no knowledge of where they have ended up.
Please do not accept this a direct complaint about the action of the local APHA, or their team. They have been extremely helpful and provided excellent service and advise over the years, we are very happy to work with them and continue to do so going forward. This is a serious concern about the new Regulation and guidance. The current situation favours the traditional Garden Centre (HTA members) at the expense of the online traders. Yet it is the online traders that have in many cases kept the industry trading throughout the current pandemic.
Kind Regards
Chris Bonnett
Gardening Express Ltd