Textual Amendments
F1Annex 6 inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 29(4) (with reg. 46)
Modifications etc. (not altering text)
C1Annex 6 modified (4.3.2021) by The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021 (S.I. 2021/136), regs. 1(1), 2(2)
In Article 43, after “and 48,” insert “ other than relevant goods entering from a territory subject to special transitional import arrangements, ”.U.K.
After Article 44(1), insert—
“1AThe competent authorities may perform official controls on consignments which include relevant goods entering Great Britain from a relevant third country, selected randomly or on a risk basis and at the appropriate frequency rate.
1BRelevant goods originating in relevant countries may enter Great Britain through any point of entry during the transitional staging period.”
In Article 47—
in paragraph 1, in the opening words, for the words from “shall” to the end, substitute “ may perform official controls at any of the places specified in Article 44(3) on consignments of relevant goods of each of the following categories entering Great Britain from a relevant third country: ”;
in paragraph 5, for the words from “goods” to the end, substitute “ relevant goods entering Great Britain from a relevant third country are presented for official controls, where required, at any of the place specified in Article 44(3), by the relevant competent authority. ”.
In Article 48—
the existing text becomes paragraph 1;
at the end, insert—
“2This Article applies to relevant goods arriving in Great Britain from a relevant third country subject to the derogations and modifications specified in Annex 6.”
In Article 49—
in paragraph 1, for the words from “shall” to the end, substitute “ may perform official controls on consignments of relevant goods arriving from a relevant third country, selected randomly, or on the basis of risk, at any of the places specified in Article 44(3). Where a consignment of relevant goods is selected for official controls, those official controls must include documentary checks and may include identity and physical checks. ”;
in paragraph 2, in the opening words, for “Physical checks shall be performed” substitute “ In a case where a consignment is selected for physical checks, those checks must be performed, in relation to: ”.
In Article 50—
in paragraph 1, for the words from “kept by” to the end substitute “and, in a case where a consignment of relevant goods arriving from a relevant third country is selected for the performance of official controls, may be kept by the competent authority with responsibility for the place where the official controls are carried out (‘the responsible competent authority’)”;
in paragraph 2, for the words from “The competent authorities” to “shall” substitute “ In a case where a consignment of relevant goods arriving from a relevant third country is selected for official controls and the original official certificates or documents are kept by the responsible competent authority, that authority must ”;
for paragraph 3 substitute—
In a case where the responsible competent authority has notified the operator that official controls are to be performed on a consignment, that consignment must not be split until those official controls have been carried out.”
.
Articles 53 and 54 do not apply in relation to relevant goods entering Great Britain from a relevant third country.U.K.
In a case where official controls are performed on relevant goods arriving from a relevant third country, the competent authority must decide whether the consignment is in compliance with the rules referred to in Article 1(2) and, where relevant, the applicable customs procedure.”
In Article 56(1) and (2), in both places where the words occur, after “Article 47(1)” insert “ , other than relevant goods arriving from a relevant third country, ”;U.K.
—
This Article applies in relation to relevant goods entering Great Britain from a relevant third country.
Prior notification of relevant goods arriving from a territory subject to special transitional import arrangements, where required under paragraph 3 or 4 or by other legislation in force in the relevant constituent territory of Great Britain, must be given to the relevant competent authority—
at least one working day before the expected time of arrival at a point of entry into Great Britain; or
in a case where the importer can provide evidence of a logistical constraint preventing such notification, that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.
From 1st January 2021, operators must give prior notification of the arrival of—
live animals and germinal products;
animal by-products and derived products not intended for human consumption, where the consignment includes material which is required to be notified to the competent authority of destination by paragraph 5 of Schedule 5 to the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020);
those plants, plant products and other objects specified in Schedule 2 to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020.
[F2From [F31st January 2022]] [F2Subject to paragraph 4A, from 1st January 2022], in addition to the requirements specified in paragraph 3, relating to relevant goods, operators must give prior notification of the arrival of—
all products of animal origin intended for human consumption;
all plants, plant products and other objects of a description specified in any entry in columns 1 and 2 of the table in Part A of Annex 11 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, which originate in any third country listed in the corresponding entry in column 3 of that table.
[F4animal by-products not already covered by paragraph 3(b).]
[F5Paragraph 4 does not apply to relevant goods which—
are within the scope of Article 7 or Article 10 of Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market; or
are imported into Great Britain from the Republic of Ireland where the condition in paragraph 4B is met.
The condition is that the goods were produced in Northern Ireland or the Republic of Ireland, and for these purposes goods are taken to be produced in Northern Ireland or the Republic of Ireland if they are processed there.]
F6...”
In Article 57(1) and (3), after “Article 47(1)”, in both places where it occurs, insert “ , other than relevant goods arriving from a relevant third country, ”.U.K.
In Article 79(1), in the opening words, for the words from “or” to “Article 53(1)” substitute “ , at control posts referred to in point (a) of Article 53(1) or, in relation to relevant goods arriving from a territory subject to special transitional import arrangements, at one of the places referred to in Article 44(3), ”.]U.K.