EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Articles 79, 81, 82, 84 and 85 of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (EUR 2017/625) (“the Official Controls Regulation”). These provisions are secondary retained EU law within the meaning of section 11(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).

Regulation 2 amends Article 79 of the Official Controls Regulation to extend the circumstances in which a fee or charge for official controls may be reduced or waived altogether by a competent authority. ‘Competent authority’ is defined in Article 3(3) of the Official Controls Regulation (the definition is amended by S.I. 2020/1481 and 2022/1315). Regulation 2 also amends Article 82 of the Official Controls Regulation to enable competent authorities to pool costs and charging arrangements for the purposes of flat-rate fees and charges levied on the basis of that Article.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.