The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020

Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 N.I.

7.—(1) The responsible operator of a controlled consignment which is to be brought into Northern Ireland by air must have notified the Department of the consignment’s expected arrival at least four working hours before its expected arrival in Northern Ireland.

(2) In the case of any controlled consignment which consists, in whole or in part, of unprocessed logs or sawn or chipped wood and is to be brought into Northern Ireland at a point of entry which only has a temporary border control post, the responsible operator must have notified the Department of the consignment’s arrival at least three working days before its expected arrival in Northern Ireland.

(3) Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 does not apply to any responsible operator of a controlled consignment referred to in paragraph (1) or (2).

(4) In this regulation—

“Commission Implementing Regulation (EU) 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union(1);

“responsible operator”, in relation to a controlled consignment, means an operator who is required to ensure that the consignment is presented for official controls at the border control post of first arrival into the Union in accordance with Article 47(5) of the Official Controls Regulation;

“temporary border control post” means a border control post in Northern Ireland which has been exempted from the obligations in Article 64(3)(a), (c) and (f) of the Official Controls Regulation pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts(2);

“working day” means any day, other than—

(a)

a Saturday or Sunday;

(b)

Christmas Day or Good Friday; or

(c)

a public holiday in Northern Ireland, including a bank holiday under the Banking and Financial Dealings Act 1971(3);

“working hour” means a period of one hour during a working day.

Commencement Information

I1 Reg. 7 in operation at 23.12.2020, see reg. 1

(1)

O.J. No. L 165, 21.6.2019, p. 4.

(2)

O.J. No. L 165, 21.6.2019, p. 8.

(3)

1971 c.80, to which there are amendments not relevant to these Regulations.